Bill Text: TX HB2398 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to court jurisdiction and procedures relating to truancy; establishing judicial donation trust funds; providing criminal penalties; imposing a court cost.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2015-06-18 - Effective on 9/1/15 [HB2398 Detail]
Download: Texas-2015-HB2398-Comm_Sub.html
Bill Title: Relating to court jurisdiction and procedures relating to truancy; establishing judicial donation trust funds; providing criminal penalties; imposing a court cost.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2015-06-18 - Effective on 9/1/15 [HB2398 Detail]
Download: Texas-2015-HB2398-Comm_Sub.html
84R22549 YDB-D | |||
By: White of Tyler | H.B. No. 2398 | ||
Substitute the following for H.B. No. 2398: | |||
By: Dutton | C.S.H.B. No. 2398 |
|
||
|
||
relating to the establishment of judicial donation trust funds to | ||
assist needy children and families appearing before justice and | ||
municipal courts, dismissal of charges related to school | ||
attendance, and expunction of truancy records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 2, Government Code, is amended | ||
by adding Chapter 36 to read as follows: | ||
CHAPTER 36. JUDICIAL DONATION TRUST FUNDS | ||
Sec. 36.001. ESTABLISHMENT OF TRUST FUNDS. (a) The | ||
governing body of a municipality or the commissioners court of a | ||
county may establish a judicial donation trust fund as a separate | ||
account held outside the municipal or county treasury to be used in | ||
accordance with this chapter. | ||
(b) The governing body of a municipality or the | ||
commissioners court of a county may accept a gift, grant, donation, | ||
or other consideration from a public or private source that is | ||
designated for the judicial donation trust fund. | ||
(c) Money received under Subsection (b) shall be deposited | ||
in the judicial donation trust fund and may only be disbursed in | ||
accordance with this chapter. | ||
(d) Interest and income from the assets of the judicial | ||
donation trust fund shall be credited to and deposited in the trust | ||
fund. | ||
Sec. 36.002. PROCEDURES AND ELIGIBILITY. The governing | ||
body of a municipality or the commissioners court of a county shall: | ||
(1) adopt the procedures necessary to receive and | ||
disburse money from the judicial donation trust fund under this | ||
chapter; and | ||
(2) establish eligibility requirements for | ||
disbursement of money under this chapter to assist needy children | ||
or families who appear before a justice or municipal court for a | ||
criminal offense, as applicable, by providing money for resources | ||
and services that eliminate barriers to school attendance or that | ||
seek to prevent criminal behavior. | ||
Sec. 36.003. USE OF FUNDS IN ACCOUNT. (a) The judge of a | ||
justice or municipal court, in accordance with Section 36.002, may | ||
award money from a judicial donation trust fund established under | ||
Section 36.001 to eligible children or families who appear before | ||
the court for a truancy or curfew violation or in another | ||
misdemeanor offense proceeding before the court. | ||
(b) A judge of a justice or municipal court may order the | ||
municipal or county treasurer to issue payment from the judicial | ||
donation trust fund for money awarded under this section. | ||
SECTION 2. Subchapter B, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Article 45.0531 to read as follows: | ||
Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO | ||
NONATTENDANCE OR FAILURE TO ATTEND SCHOOL CHARGE. 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 or 25.094, | ||
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. | ||
SECTION 3. Subchapter B, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Article 45.0541 to read as follows: | ||
Art. 45.0541. AUTOMATIC EXPUNCTION OF TRUANCY RECORDS. (a) | ||
In this article, "truancy offense" means an offense committed under | ||
Section 25.094, Education Code. | ||
(b) An individual who has been convicted of a truancy | ||
offense or has had a complaint for a truancy offense dismissed is | ||
entitled to have the conviction or complaint and records relating | ||
to the conviction or complaint automatically expunged. | ||
(c) The court in which the individual was convicted or a | ||
complaint for a truancy offense was filed shall order the | ||
conviction, complaints, verdicts, sentences, and other documents | ||
relating to the offense, including any documents in the possession | ||
of a school district or law enforcement agency, to be expunged from | ||
the individual's record. After entry of the order, the individual | ||
is released from all disabilities resulting from the conviction or | ||
complaint, and the conviction or complaint may not be shown or made | ||
known for any purpose. The court shall inform the individual of the | ||
expunction. | ||
SECTION 4. Section 54.03, Family Code, is amended by adding | ||
Subsection (g-1) to read as follows: | ||
(g-1) If the child is alleged to have engaged in conduct | ||
indicating a need for supervision under Section 51.03(b)(2), the | ||
court, at the court's discretion, may dismiss the case with | ||
prejudice 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. | ||
SECTION 5. Section 81.032, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. The | ||
commissioners court may accept a gift, grant, donation, bequest, or | ||
devise of money or other property on behalf of the county, including | ||
a donation under Chapter 36, Government Code, for the purpose of | ||
performing a function conferred by law on the county or a county | ||
officer. | ||
SECTION 6. (a) Article 45.0531, Code of Criminal | ||
Procedure, as added 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 was committed before that date. | ||
(b) Section 54.03(g-1), Family Code, as added by this Act, | ||
applies only to conduct that occurs on or after the effective date | ||
of this Act. Conduct that occurs before the effective date of this | ||
Act is governed by the law in effect at the time the conduct | ||
occurred, and the former law is continued in effect for that | ||
purpose. For the purposes of this section, conduct occurs before | ||
the effective date of this Act if any element of the conduct | ||
occurred before that date. | ||
SECTION 7. Article 45.0541, Code of Criminal Procedure, as | ||
added by this Act, applies to the expunction or destruction of a | ||
truancy record or file existing on or after the effective date of | ||
this Act regardless of when the offense or conduct that is the | ||
subject of the record or file was committed. | ||
SECTION 8. This Act takes effect September 1, 2015. |