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A BILL TO BE ENTITLED
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AN ACT
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relating to the classification of certain conduct by juveniles |
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constituting the offense of evading detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.03(b), Family Code, is amended to |
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read as follows: |
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(b) Conduct indicating a need for supervision is: |
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(1) subject to Subsection (f), conduct, other than a |
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traffic offense, that violates: |
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(A) the penal laws of this state of the grade of |
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misdemeanor that are punishable by fine only; or |
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(B) the penal ordinances of any political |
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subdivision of this state; |
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(2) the voluntary absence of a child from the child's |
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home without the consent of the child's parent or guardian for a |
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substantial length of time or without intent to return; |
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(3) conduct prohibited by city ordinance or by state |
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law involving the inhalation of the fumes or vapors of paint and |
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other protective coatings or glue and other adhesives and the |
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volatile chemicals itemized in Section 485.001, Health and Safety |
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Code; |
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(4) an act that violates a school district's |
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previously communicated written standards of student conduct for |
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which the child has been expelled under Section 37.007(c), |
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Education Code; |
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(5) notwithstanding Subsection (a)(1), conduct |
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described by Section 43.02(a) or (b), Penal Code; [or] |
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(6) notwithstanding Subsection (a)(1), conduct that |
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violates Section 43.261, Penal Code; or |
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(7) notwithstanding Subsection (a)(1), conduct |
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described by Section 38.04, Penal Code, that: |
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(A) is punishable as a Class A misdemeanor under |
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that section; and |
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(B) only consists of intentionally fleeing a |
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person the child knows is a peace officer or federal special |
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investigator attempting lawfully to detain the child. |
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SECTION 2. This Act applies only to conduct that occurs on |
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or after the effective date of this Act. Conduct that occurs before |
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the effective date of this Act is governed by the law in effect on |
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the date the conduct occurred, and the former law is continued in |
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effect for that purpose. For the purposes of this section, conduct |
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occurred before the effective date of this Act if any element of the |
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conduct occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |