| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to dismissal of a complaint alleging a parent contributing |
|
|
to nonattendance on the parent's fulfillment of certain terms. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 45.0531, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO |
|
|
NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and |
|
|
notwithstanding [Notwithstanding] any other law, a county, |
|
|
justice, or municipal court, at the court's discretion, may dismiss |
|
|
a charge against a defendant alleging the defendant committed an |
|
|
offense under Section 25.093, Education Code, if the court finds |
|
|
that a dismissal would be in the interest of justice because: |
|
|
(1) there is a low likelihood of recidivism by the |
|
|
defendant; or |
|
|
(2) sufficient justification exists for the failure to |
|
|
attend school. |
|
|
(b) Notwithstanding any other law, a county, justice, or |
|
|
municipal court shall dismiss a charge against a defendant alleging |
|
|
the defendant committed an offense under Section 25.093, Education |
|
|
Code, if the parent completes the terms of an agreement entered into |
|
|
by the parent and the school district at which the parent's child |
|
|
attends under Section 25.094, Education Code, within the period |
|
|
required by Subsection (b) of that section. If agreed to by the |
|
|
school district that is a party to the agreement, the court may |
|
|
extend the period under Section 25.094(b), Education Code, during |
|
|
which a parent may fulfill the terms of the agreement. |
|
|
SECTION 2. Subchapter C, Chapter 25, Education Code, is |
|
|
amended by adding Section 25.094 to read as follows: |
|
|
Sec. 25.094. AGREEMENT FOR DISMISSAL OF PARENT CONTRIBUTING |
|
|
TO NONATTENDANCE CHARGE. (a) A parent against whom a complaint |
|
|
under Section 25.093 has been filed and the school district at which |
|
|
the parent's child is enrolled may enter into a written agreement |
|
|
requiring the parent to complete counseling, training, or another |
|
|
program as designated by the school district. |
|
|
(b) A parent who fulfills the terms of an agreement |
|
|
described by Subsection (a) not later than the 30th day after the |
|
|
date on which the complaint was filed or within the period provided |
|
|
by the agreement is entitled to dismissal of the complaint in |
|
|
accordance with Article 45.0531(b), Code of Criminal Procedure. |
|
|
(c) The agency may adopt rules and materials necessary to |
|
|
implement this section, including by: |
|
|
(1) making standardized agreement forms available to |
|
|
school districts; |
|
|
(2) recommending state and local counseling, |
|
|
training, or other program options that a school district may |
|
|
require in an agreement under this section, which may include: |
|
|
(A) faith-based counseling or training programs; |
|
|
or |
|
|
(B) other programs that provide instruction |
|
|
designed to assist a parent in identifying problems that contribute |
|
|
to unexcused absences by the parent's child and in developing |
|
|
strategies for resolving those problems; and |
|
|
(3) requiring relevant programs, resources, and |
|
|
materials to be made available through regional educational service |
|
|
centers. |
|
|
SECTION 3. The change in law made by this Act applies 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. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |