84R26798 ADM-D
 
  By: Whitmire, et al. S.B. No. 108
 
  (Thompson of Harris)
 
  Substitute the following for S.B. No. 108:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain criminal procedures for misdemeanor offenses
  committed by children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 45.0216(h), Code of Criminal Procedure,
  is amended to read as follows:
         (h)  Records of a person under 17 years of age relating to a
  complaint [dismissed as provided by Article 45.051 or 45.052] may
  be expunged under this article if:
               (1)  the complaint was dismissed under Article 45.051
  or 45.052 or other law; or
               (2)  the person was acquitted of the offense.
         SECTION 2.  Section 45.052(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A justice or municipal court may defer proceedings
  against a defendant who is under the age of 18 or enrolled full time
  in an accredited secondary school in a program leading toward a high
  school diploma for not more than 180 days if the defendant:
               (1)  is charged with an offense that the court has
  jurisdiction of under Article 4.11 or 4.14[, Code of Criminal
  Procedure];
               (2)  pleads nolo contendere or guilty to the offense in
  open court with the defendant's parent, guardian, or managing
  conservator present;
               (3)  presents to the court an oral or written request to
  attend a teen court program or is recommended to attend the program
  by a school employee under Section 37.146, Education Code; and
               (4)  has not successfully completed a teen court
  program in the year [two years] preceding the date that the alleged
  offense occurred.
         SECTION 3.  Article 45.058(g), Code of Criminal Procedure,
  is amended to read as follows:
         (g)  Except as provided by Subsection (g-1) and Section
  37.143(a), Education Code, a law enforcement officer may issue a
  field release citation as provided by Article 14.06 in place of
  taking a child into custody for a traffic offense or an offense
  punishable by fine only.
         SECTION 4.  Section 37.141(1), Education Code, is amended to
  read as follows:
               (1)  "Child" means a person who is:
                     (A)  a student; and
                     (B)  at least 10 years of age and younger than 18
  years of age [has the meaning assigned by Article 45.058(h), Code of
  Criminal Procedure, except that the person must also be a student].
         SECTION 5.  Section 37.143(a), Education Code, is amended to
  read as follows:
         (a)  A peace officer, law enforcement officer, or school
  resource officer may not issue a citation to a child who is alleged
  to have committed a school offense.
         SECTION 6.  Section 37.146, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A complaint under this subchapter may include a
  recommendation by a school employee that the child attend a teen
  court program under Article 45.052, Code of Criminal Procedure, if
  the school employee believes attending a teen court program is in
  the best interest of the child.
         SECTION 7.  (a)  Except as provided by Subsection (b) of this
  section, the changes in law made by this Act apply only to an
  offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         (b)  The change in law made by this Act to Article
  45.0216(h), Code of Criminal Procedure, applies to arrest records
  and files created before, on, or after the effective date of this
  Act.
         SECTION 8.  This Act takes effect September 1, 2015.