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AN ACT
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relating to certain criminal procedures for misdemeanor offenses |
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committed by children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.0216(h), Code of Criminal Procedure, |
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is amended to read as follows: |
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(h) Records of a person under 17 years of age relating to a |
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complaint [dismissed as provided by Article 45.051 or 45.052] may |
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be expunged under this article if: |
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(1) the complaint was dismissed under Article 45.051 |
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or 45.052 or other law; or |
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(2) the person was acquitted of the offense. |
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SECTION 2. Section 45.052(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A justice or municipal court may defer proceedings |
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against a defendant who is under the age of 18 or enrolled full time |
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in an accredited secondary school in a program leading toward a high |
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school diploma for not more than 180 days if the defendant: |
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(1) is charged with an offense that the court has |
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jurisdiction of under Article 4.11 or 4.14[, Code of Criminal
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Procedure]; |
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(2) pleads nolo contendere or guilty to the offense in |
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open court with the defendant's parent, guardian, or managing |
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conservator present; |
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(3) presents to the court an oral or written request to |
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attend a teen court program or is recommended to attend the program |
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by a school employee under Section 37.146, Education Code; and |
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(4) has not successfully completed a teen court |
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program in the year [two years] preceding the date that the alleged |
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offense occurred. |
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SECTION 3. Article 45.058(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) Except as provided by Subsection (g-1) and Section |
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37.143(a), Education Code, a law enforcement officer may issue a |
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field release citation as provided by Article 14.06 in place of |
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taking a child into custody for a traffic offense or an offense |
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punishable by fine only. |
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SECTION 4. Section 37.141(1), Education Code, is amended to |
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read as follows: |
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(1) "Child" means a person who is: |
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(A) a student; and |
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(B) at least 10 years of age and younger than 18 |
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years of age [has the meaning assigned by Article 45.058(h), Code of
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Criminal Procedure, except that the person must also be a student]. |
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SECTION 5. Section 37.143(a), Education Code, is amended to |
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read as follows: |
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(a) A peace officer, law enforcement officer, or school |
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resource officer may not issue a citation to a child who is alleged |
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to have committed a school offense. |
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SECTION 6. Section 37.146, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A complaint under this subchapter may include a |
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recommendation by a school employee that the child attend a teen |
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court program under Article 45.052, Code of Criminal Procedure, if |
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the school employee believes attending a teen court program is in |
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the best interest of the child. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, the changes in law made by this Act apply only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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(b) The change in law made by this Act to Article |
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45.0216(h), Code of Criminal Procedure, applies to arrest records |
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and files created before, on, or after the effective date of this |
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Act. |
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SECTION 8. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 108 passed the Senate on |
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April 1, 2015, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 30, 2015, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 108 passed the House, with |
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amendment, on May 27, 2015, by the following vote: Yeas 141, |
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Nays 3, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |