Bill Text: TX HB2632 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to removing a criminal penalty and authorizing a civil penalty for truancy.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-05-20 - Referred to Criminal Justice [HB2632 Detail]
Download: Texas-2015-HB2632-Introduced.html
Bill Title: Relating to removing a criminal penalty and authorizing a civil penalty for truancy.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-05-20 - Referred to Criminal Justice [HB2632 Detail]
Download: Texas-2015-HB2632-Introduced.html
84R12784 MK-D | ||
By: Dutton | H.B. No. 2632 |
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relating to removing a criminal penalty and authorizing a civil | ||
penalty for truancy. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 45.0216(g), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(g) This article does not apply to any offense otherwise | ||
covered by: | ||
(1) Chapter 106, Alcoholic Beverage Code; or | ||
(2) Chapter 161, Health and Safety Code[ |
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SECTION 2. Articles 45.054(a) and (i), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) On a finding by a county, justice, or municipal court | ||
that an individual has engaged in conduct that violates [ |
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jurisdiction to enter an order that includes one or more of the | ||
following provisions requiring that: | ||
(1) the individual: | ||
(A) attend school without unexcused absences; | ||
(B) attend a preparatory class for the high | ||
school equivalency examination administered under Section 7.111, | ||
Education Code, if the court determines that the individual is too | ||
old to do well in a formal classroom environment; or | ||
(C) if the individual is at least 16 years of age, | ||
take the high school equivalency examination administered under | ||
Section 7.111, Education Code; | ||
(2) the individual attend a special program that the | ||
court determines to be in the best interest of the individual, | ||
including: | ||
(A) an alcohol and drug abuse program; | ||
(B) a rehabilitation program; | ||
(C) a counseling program, including | ||
self-improvement counseling; | ||
(D) a program that provides training in | ||
self-esteem and leadership; | ||
(E) a work and job skills training program; | ||
(F) a program that provides training in | ||
parenting, including parental responsibility; | ||
(G) a program that provides training in manners; | ||
(H) a program that provides training in violence | ||
avoidance; | ||
(I) a program that provides sensitivity | ||
training; and | ||
(J) a program that provides training in advocacy | ||
and mentoring; | ||
(3) the individual and the individual's parent attend | ||
a class for students at risk of dropping out of school designed for | ||
both the individual and the individual's parent; | ||
(4) the individual complete reasonable community | ||
service requirements; or | ||
(5) for the total number of hours ordered by the court, | ||
the individual participate in a tutorial program covering the | ||
academic subjects in which the student is enrolled provided by the | ||
school the individual attends. | ||
(i) A county, justice, or municipal court shall dismiss the | ||
complaint against an individual alleging that the individual has | ||
engaged in conduct that violates [ |
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Section 25.094, Education Code, if: | ||
(1) the court finds that the individual has | ||
successfully complied with the conditions imposed on the individual | ||
by the court under this article; or | ||
(2) the individual presents to the court proof that | ||
the individual has obtained a high school diploma or a high school | ||
equivalency certificate. | ||
SECTION 3. Article 102.014(d), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(d) A person convicted of an offense under Section 25.093, | ||
Education Code, or found to have engaged in conduct that violates | ||
Section 25.094, Education Code, shall pay as taxable court costs | ||
$20 in addition to other taxable court costs. The additional court | ||
costs under this subsection shall be collected in the same manner | ||
that other fines and taxable court costs in the case are collected. | ||
SECTION 4. Section 25.094, Education Code, is amended by | ||
amending Subsections (a), (b), (c), (d-1), (f), and (g) and adding | ||
Subsections (e-1) and (e-2) to read as follows: | ||
(a) An individual is liable to the state for a civil penalty | ||
not to exceed $200 [ |
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(1) is 12 years of age or older and younger than 18 | ||
years of age; | ||
(2) is required to attend school under Section 25.085; | ||
and | ||
(3) fails to attend school on 10 or more days or parts | ||
of days within a six-month period in the same school year or on | ||
three or more days or parts of days within a four-week period. | ||
(b) An action [ |
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(1) the constitutional county court of the county in | ||
which the individual resides or in which the school is located, if | ||
the county has a population of 1.75 million or more; | ||
(2) a justice court of any precinct in the county in | ||
which the individual resides or in which the school is located; or | ||
(3) a municipal court in the municipality in which the | ||
individual resides or in which the school is located. | ||
(c) On a finding by the county, justice, or municipal court | ||
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violates Subsection (a), the court may enter an order that includes | ||
one or more of the requirements listed in Article 45.054, Code of | ||
Criminal Procedure[ |
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(d-1) Pursuant to an order of the county, justice, or | ||
municipal court based on an affidavit showing probable cause to | ||
believe that an individual has violated [ |
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the individual into custody. A peace officer taking an individual | ||
into custody under this subsection shall: | ||
(1) promptly notify the individual's parent, guardian, | ||
or custodian of the officer's action and the reason for that action; | ||
and | ||
(2) without unnecessary delay: | ||
(A) release the individual to the individual's | ||
parent, guardian, or custodian or to another responsible adult, if | ||
the person promises to bring the individual to the county, justice, | ||
or municipal court as requested by the court; or | ||
(B) bring the individual to a county, justice, or | ||
municipal court with venue over the offense. | ||
(e-1) The imposition of a civil penalty under this section | ||
is not a conviction and may not be considered a conviction for any | ||
purpose. | ||
(e-2) The district or county attorney of the county in which | ||
the conduct described by this section is alleged to have occurred | ||
shall bring an action in a county, justice, or municipal court to | ||
collect the civil penalty of a person who is taken into custody or | ||
is issued a citation for a violation under this section. | ||
(f) It is a [ |
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this section that one or more of the absences required to be proven | ||
under Subsection (a) were excused by a school official or by the | ||
court or that one or more of the absences were involuntary, but only | ||
if there is an insufficient number of unexcused or voluntary | ||
absences remaining to constitute an offense under this section. The | ||
burden is on the respondent [ |
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of the evidence that the absence has been excused or that the | ||
absence was involuntary. A decision by the court to excuse an | ||
absence for purposes of this section does not affect the ability of | ||
the school district to determine whether to excuse the absence for | ||
another purpose. | ||
(g) It is a [ |
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this section that one or more of the absences required to be proven | ||
under Subsection (a) was involuntary. The burden is on the | ||
respondent [ |
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that the absence was involuntary. | ||
SECTION 5. Sections 25.095(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) A school district or open-enrollment charter school | ||
shall notify a student's parent in writing at the beginning of the | ||
school year that if the student is absent from school on 10 or more | ||
days or parts of days within a six-month period in the same school | ||
year or on three or more days or parts of days within a four-week | ||
period: | ||
(1) the student's parent is subject to prosecution | ||
under Section 25.093; and | ||
(2) the student is subject to an action brought | ||
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court [ |
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conduct indicating a need for supervision [ |
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(c) The fact that a parent did not receive a notice under | ||
Subsection (a) or (b) does not create a defense to prosecution under | ||
Section 25.093, a defense to an action brought under Section [ |
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25.094, or a defense in a disposition hearing on an issue as to | ||
whether the child engaged in conduct indicating a need for | ||
supervision. | ||
SECTION 6. Sections 25.0951(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) If a student fails to attend school without excuse on 10 | ||
or more days or parts of days within a six-month period in the same | ||
school year, a school district shall within 10 school days of the | ||
student's 10th absence: | ||
(1) file a complaint against the [ |
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student's parent [ |
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for an offense under Section 25.093, bring an action in a county, | ||
justice, or municipal court for conduct that violates Section [ |
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25.094, [ |
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for a determination as to whether the child engaged in conduct | ||
indicating a need for supervision [ |
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(2) refer the student to a juvenile court for conduct | ||
indicating a need for supervision under Section 51.03(b)(2), Family | ||
Code. | ||
(b) If a student fails to attend school without excuse on | ||
three or more days or parts of days within a four-week period but | ||
does not fail to attend school for the time described by Subsection | ||
(a), the school district may: | ||
(1) file a complaint against the [ |
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student's parent [ |
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for an offense under Section 25.093, bring an action in a county, | ||
justice, or municipal court for conduct that violates Section [ |
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25.094, [ |
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for a determination as to whether the child engaged in conduct | ||
indicating a need for supervision [ |
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(2) refer the student to a juvenile court for conduct | ||
indicating a need for supervision under Section 51.03(b)(2), Family | ||
Code. | ||
SECTION 7. Section 51.02(15), Family Code, is amended to | ||
read as follows: | ||
(15) "Status offender" means a child who is accused, | ||
adjudicated, or convicted for conduct that would not, under state | ||
law, be a crime if committed by an adult, including: | ||
(A) truancy under Section 51.03(b)(2); | ||
(B) running away from home under Section | ||
51.03(b)(3); | ||
(C) a fineable only offense under Section | ||
51.03(b)(1) transferred to the juvenile court under Section | ||
51.08(b), but only if the conduct constituting the offense would | ||
not have been criminal if engaged in by an adult; | ||
(D) [ |
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[ |
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as described by Section 51.03(b)(5); | ||
(E) [ |
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ordinance or order; | ||
(F) [ |
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Alcoholic Beverage Code applicable to minors only; or | ||
(G) [ |
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offense under Section 8.07(a)(4) or (5), Penal Code, but only if the | ||
conduct constituting the offense would not have been criminal if | ||
engaged in by an adult. | ||
SECTION 8. Sections 54.021(b), (c), (d), and (e), Family | ||
Code, are amended to read as follows: | ||
(b) A county, justice, or municipal court may exercise | ||
jurisdiction over a person alleged to have engaged in conduct | ||
indicating a need for supervision by engaging in conduct described | ||
in Section 51.03(b)(2) in a case where: | ||
(1) the person is 12 years of age or older; | ||
(2) the juvenile court has waived its original | ||
jurisdiction under this section; and | ||
(3) an action [ |
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appropriate authority in the county, justice, or municipal court | ||
for a violation [ |
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Education Code. | ||
(c) A proceeding in a county, justice, or municipal court on | ||
a complaint charging conduct that violates [ |
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Section 25.094, Education Code, is governed by Chapter 45, Code of | ||
Criminal Procedure. | ||
(d) Notwithstanding any other law, the costs assessed in a | ||
case filed in or transferred to a constitutional county court for an | ||
offense under Section 25.093, Education Code, or for conduct that | ||
violates Section 25.094, Education Code, must be the same as the | ||
costs assessed for a case filed in a justice court for an offense | ||
under Section 25.093, Education Code, or for conduct that violates | ||
Section 25.094, Education Code. | ||
(e) The proceedings before a constitutional county court | ||
related to an offense under Section 25.093, Education Code, or | ||
conduct that violates Section 25.094, Education Code, may be | ||
recorded in any manner provided by Section 30.00010, Government | ||
Code, for recording proceedings in a municipal court of record. | ||
SECTION 9. Section 54.1955, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.1955. POWERS. (a) Except as limited by an order of | ||
the county judge, a magistrate appointed under this subchapter may: | ||
(1) conduct hearings; | ||
(2) hear evidence; | ||
(3) issue summons for the appearance of witnesses; | ||
(4) examine witnesses; | ||
(5) swear witnesses for hearings; | ||
(6) recommend rulings or orders or a judgment in a | ||
case; | ||
(7) regulate proceedings in a hearing; | ||
(8) accept a plea of guilty or nolo contendere in a | ||
case alleging a violation of Section 25.093 [ |
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Code, and assess a fine or court costs or order community service in | ||
satisfaction of a fine or costs in accordance with Article 45.049, | ||
Code of Criminal Procedure; | ||
(9) enter an order suspending a sentence or deferring | ||
a final disposition that includes at least one of the requirements | ||
listed in Article 45.051, Code of Criminal Procedure; | ||
(10) perform any act and take any measure necessary | ||
and proper for the efficient performance of the duties required by | ||
the referral order, including the entry of an order that includes at | ||
least one of the requirements in Article 45.054, Code of Criminal | ||
Procedure; and | ||
(11) if the magistrate finds that a child as defined by | ||
Article 45.058, Code of Criminal Procedure, has violated an order | ||
under Article 45.054, Code of Criminal Procedure, proceed as | ||
authorized by Article 45.050, Code of Criminal Procedure. | ||
(b) With respect to an issue of law or fact the ruling on | ||
which could result in the dismissal of a prosecution under Section | ||
25.093, Education Code, or an action brought under Section 25.094, | ||
Education Code, a magistrate may not rule on the issue but may make | ||
findings, conclusions, and recommendations on the issue. | ||
SECTION 10. Section 71.0352, Government Code, is amended to | ||
read as follows: | ||
Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND | ||
JUVENILE COURTS. As a component of the official monthly report | ||
submitted to the Office of Court Administration of the Texas | ||
Judicial System: | ||
(1) justice and municipal courts shall report the | ||
number of cases filed for the following [ |
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(A) failure to attend school under Section | ||
25.094, Education Code; | ||
(B) parent contributing to nonattendance under | ||
Section 25.093, Education Code; and | ||
(C) violation of a local daytime curfew ordinance | ||
adopted under Section 341.905 or 351.903, Local Government Code; | ||
and | ||
(2) in cases in which a child fails to obey an order of | ||
a justice or municipal court under circumstances that would | ||
constitute contempt of court, the justice or municipal court shall | ||
report the number of incidents in which the child is: | ||
(A) referred to the appropriate juvenile court | ||
for delinquent conduct as provided by Article 45.050(c)(1), Code of | ||
Criminal Procedure, and Section 51.03(a)(2), Family Code; or | ||
(B) held in contempt, fined, or denied driving | ||
privileges as provided by Article 45.050(c)(2), Code of Criminal | ||
Procedure. | ||
SECTION 11. Section 103.021, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or | ||
defendant, or a party to a civil suit, as applicable, shall pay the | ||
following fees and costs under the Code of Criminal Procedure if | ||
ordered by the court or otherwise required: | ||
(1) a personal bond fee (Art. 17.42, Code of Criminal | ||
Procedure) . . . the greater of $20 or three percent of the amount | ||
of the bail fixed for the accused; | ||
(2) cost of electronic monitoring as a condition of | ||
release on personal bond (Art. 17.43, Code of Criminal Procedure) | ||
. . . actual cost; | ||
(3) a fee for verification of and monitoring of motor | ||
vehicle ignition interlock (Art. 17.441, Code of Criminal | ||
Procedure) . . . not to exceed $10; | ||
(3-a) costs associated with operating a global | ||
positioning monitoring system as a condition of release on bond | ||
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, | ||
subject to a determination of indigency; | ||
(3-b) costs associated with providing a defendant's | ||
victim with an electronic receptor device as a condition of the | ||
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal | ||
Procedure) . . . actual costs, subject to a determination of | ||
indigency; | ||
(4) repayment of reward paid by a crime stoppers | ||
organization on conviction of a felony (Art. 37.073, Code of | ||
Criminal Procedure) . . . amount ordered; | ||
(5) reimbursement to general revenue fund for payments | ||
made to victim of an offense as condition of community supervision | ||
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for | ||
a misdemeanor offense or $100 for a felony offense; | ||
(6) payment to a crime stoppers organization as | ||
condition of community supervision (Art. 42.12, Code of Criminal | ||
Procedure) . . . not to exceed $50; | ||
(7) children's advocacy center fee (Art. 42.12, Code | ||
of Criminal Procedure) . . . not to exceed $50; | ||
(8) family violence center fee (Art. 42.12, Code of | ||
Criminal Procedure) . . . $100; | ||
(9) community supervision fee (Art. 42.12, Code of | ||
Criminal Procedure) . . . not less than $25 or more than $60 per | ||
month; | ||
(10) additional community supervision fee for certain | ||
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per | ||
month; | ||
(11) for certain financially able sex offenders as a | ||
condition of community supervision, the costs of treatment, | ||
specialized supervision, or rehabilitation (Art. 42.12, Code of | ||
Criminal Procedure) . . . all or part of the reasonable and | ||
necessary costs of the treatment, supervision, or rehabilitation as | ||
determined by the judge; | ||
(12) fee for failure to appear for trial in a justice | ||
or municipal court if a jury trial is not waived (Art. 45.026, Code | ||
of Criminal Procedure) . . . costs incurred for impaneling the | ||
jury; | ||
(13) costs of certain testing, assessments, or | ||
programs during a deferral period (Art. 45.051, Code of Criminal | ||
Procedure) . . . amount ordered; | ||
(14) special expense on dismissal of certain | ||
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) | ||
. . . not to exceed amount of fine assessed; | ||
(15) an additional fee: | ||
(A) for a copy of the defendant's driving record | ||
to be requested from the Department of Public Safety by the judge | ||
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal | ||
to the sum of the fee established by Section 521.048, | ||
Transportation Code, and the state electronic Internet portal fee; | ||
(B) as an administrative fee for requesting a | ||
driving safety course or a course under the motorcycle operator | ||
training and safety program for certain traffic offenses to cover | ||
the cost of administering the article (Art. 45.0511(f)(1), Code of | ||
Criminal Procedure) . . . not to exceed $10; or | ||
(C) for requesting a driving safety course or a | ||
course under the motorcycle operator training and safety program | ||
before the final disposition of the case (Art. 45.0511(f)(2), Code | ||
of Criminal Procedure) . . . not to exceed the maximum amount of the | ||
fine for the offense committed by the defendant; | ||
(16) a request fee for teen court program (Art. | ||
45.052, Code of Criminal Procedure) . . . $20, if the court | ||
ordering the fee is located in the Texas-Louisiana border region, | ||
but otherwise not to exceed $10; | ||
(17) a fee to cover costs of required duties of teen | ||
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the | ||
court ordering the fee is located in the Texas-Louisiana border | ||
region, but otherwise $10; | ||
(18) a mileage fee for officer performing certain | ||
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per | ||
mile; | ||
(19) certified mailing of notice of hearing date (Art. | ||
102.006, Code of Criminal Procedure) . . . $1, plus postage; | ||
(20) certified mailing of certified copies of an order | ||
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, | ||
plus postage; | ||
(20-a) a fee to defray the cost of notifying state | ||
agencies of orders of expungement (Art. 45.0216, Code of Criminal | ||
Procedure) . . . $30 per application; | ||
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(21) sight orders: | ||
(A) if the face amount of the check or sight order | ||
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) | ||
. . . not to exceed $10; | ||
(B) if the face amount of the check or sight order | ||
is greater than $10 but does not exceed $100 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $15; | ||
(C) if the face amount of the check or sight order | ||
is greater than $100 but does not exceed $300 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $30; | ||
(D) if the face amount of the check or sight order | ||
is greater than $300 but does not exceed $500 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $50; and | ||
(E) if the face amount of the check or sight order | ||
is greater than $500 (Art. 102.007, Code of Criminal Procedure) | ||
. . . not to exceed $75; | ||
(22) fees for a pretrial intervention program: | ||
(A) a supervision fee (Art. 102.012(a), Code of | ||
Criminal Procedure) . . . $60 a month plus expenses; and | ||
(B) a district attorney, criminal district | ||
attorney, or county attorney administrative fee (Art. 102.0121, | ||
Code of Criminal Procedure) . . . not to exceed $500; | ||
(23) parking fee violations for child safety fund in | ||
municipalities with populations: | ||
(A) greater than 850,000 (Art. 102.014, Code of | ||
Criminal Procedure) . . . not less than $2 and not to exceed $5; and | ||
(B) less than 850,000 (Art. 102.014, Code of | ||
Criminal Procedure) . . . not to exceed $5; | ||
(24) an administrative fee for collection of fines, | ||
fees, restitution, or other costs (Art. 102.072, Code of Criminal | ||
Procedure) . . . not to exceed $2 for each transaction; and | ||
(25) a collection fee, if authorized by the | ||
commissioners court of a county or the governing body of a | ||
municipality, for certain debts and accounts receivable, including | ||
unpaid fines, fees, court costs, forfeited bonds, and restitution | ||
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 | ||
percent of an amount more than 60 days past due. | ||
SECTION 12. Article 45.055, Code of Criminal Procedure, and | ||
Section 25.094(e), Education Code, are repealed. | ||
SECTION 13. The changes in law made by this Act apply to a | ||
person taken into custody or issued a citation on or after the | ||
effective date of this Act, regardless of whether the conduct for | ||
which the person was taken into custody or issued a citation | ||
occurred before, on, or after that date. | ||
SECTION 14. This Act takes effect September 1, 2015. |