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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal procedures for certain 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 45.054(i), Code of Criminal Procedure, |
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is amended to read as follows: |
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(i) A county, justice, or municipal court shall dismiss the |
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complaint against an individual alleging that the individual |
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committed an offense under Section 25.094, Education Code, if[:
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[(1)
the court finds that the individual has
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successfully complied with the conditions imposed on the individual
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by the court under this article; or
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[(2)] the individual presents to the court proof that |
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the individual has obtained a high school diploma or a high school |
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equivalency certificate. |
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SECTION 2. Articles 45.055(a), (b), and (c), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) Except as provided by Subsection (e), an individual |
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convicted of a [not more than one] violation of Section 25.094, |
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Education Code, may, on or after the individual's 18th birthday, |
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apply to the court in which the individual was convicted to have the |
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conviction and records relating to the conviction expunged. |
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(b) To apply for an expunction, the applicant must submit a |
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written request that: |
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(1) is made under oath; and |
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(2) [states that the applicant has not been convicted
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of more than one violation of Section 25.094, Education Code; and
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[(3)] is in the form determined by the applicant. |
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(c) After receiving the application [The court may expunge
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the conviction and records relating to the conviction without a
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hearing or, if facts are in doubt, may order a hearing on the
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application. If the court finds that the applicant has not been
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convicted of more than one violation of Section 25.094, Education
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Code], the court shall order the conviction, together with all |
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complaints, verdicts, sentences, and other documents relating to |
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the offense, including any documents in the possession of a school |
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district or law enforcement agency, to be expunged from the |
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applicant's record. After entry of the order, the applicant is |
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released from all disabilities resulting from the conviction, and |
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the conviction may not be shown or made known for any purpose. The |
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court shall inform the applicant of the expunction [court's
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decision on the application]. |
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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(a)(1), Education Code, is amended |
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to 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. Article 45.055(e), Code of Criminal Procedure, |
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is repealed. |
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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) Article 45.055, Code of Criminal Procedure, as amended |
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by this Act, applies to the expunction of a record or file on or |
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after the effective date of this Act regardless of whether the |
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offense that is the subject of the record or file was committed |
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before, on, or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2015. |