Bill Text: TX HB2632 | 2015-2016 | 84th Legislature | Engrossed

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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-Engrossed.html

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By: Dutton, Wu, White of Tyler, Huberty, H.B. No. 2632
Reynolds

A BILL TO BE ENTITLED
AN ACT
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[; or
[(3) Section 25.094, Education Code].
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 [committed
an offense under] Section 25.094, Education Code, the court has
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 [committed an offense under]
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. 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. 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 5. Section 25.094, Education Code, is amended by
amending Subsections (a), (b), (c), (d-1), (f), and (g) and adding
Subsections (e-1), (e-2), and (e-3) to read as follows:
(a) An individual is liable to the state for a civil penalty
not to exceed $100 [commits an offense] if the individual:
(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 [offense] under this section may be brought
[prosecuted] in:
(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
[that the individual has committed an offense under Subsection (a)
or on a finding by a juvenile court in a county with a population of
less than 100,000] that the individual has engaged in conduct that
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[, as added by Chapter 1514, Acts of the 77th
Legislature, Regular Session, 2001].
(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 [committed an offense
under] this section, a peace officer may issue a citation or take
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 violation of this section
[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.
(e-3) A county may retain a civil penalty collected under
this section.
(f) It is a [an affirmative] defense [to prosecution] under
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 a violation of [an offense under]
this section. The burden is on the respondent [defendant] to show by
a preponderance 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 [an affirmative] defense [to prosecution] under
this section that one or more of the absences required to be proven
under Subsection (a) was involuntary. The burden is on the
respondent [defendant] to show by a preponderance of the evidence
that the absence was involuntary.
SECTION 6. 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
[prosecution] under Section 25.094 or to referral to a juvenile
court [in a county with a population of less than 100,000] for
conduct indicating a need for supervision [that violates that
section].
(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 [or]
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 7. 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 may [shall] within 10 school days of
the student's most recent [10th] absence:
(1) file a complaint against the [student or the]
student's parent [or both] in a county, justice, or municipal court
for an offense under Section 25.093, bring an action in a county,
justice, or municipal court for conduct that violates Section [or]
25.094, [as appropriate,] or refer the student to a juvenile court
for a determination as to whether the child engaged in conduct
indicating a need for supervision [in a county with a population of
less than 100,000 for conduct that violates Section 25.094]; or
(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 [student or the]
student's parent [or both] in a county, justice, or municipal court
for an offense under Section 25.093, bring an action in a county,
justice, or municipal court for conduct that violates Section [or]
25.094, [as appropriate,] or refer the student to a juvenile court
for a determination as to whether the child engaged in conduct
indicating a need for supervision [in a county with a population of
less than 100,000 for conduct that violates Section 25.094]; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
SECTION 8. 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) [failure to attend school under Section
25.094, Education Code;
[(E)] a violation of standards of student conduct
as described by Section 51.03(b)(5);
(E) [(F)] a violation of a juvenile curfew
ordinance or order;
(F) [(G)] a violation of a provision of the
Alcoholic Beverage Code applicable to minors only; or
(G) [(H)] a violation of any other fineable only
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 9. 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 [a complaint] is filed by the
appropriate authority in the county, justice, or municipal court
for a violation [charging an offense] under Section 25.094,
Education Code.
(c) A proceeding in a county, justice, or municipal court on
a complaint charging conduct that violates [an offense under]
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 10. 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 [or 25.094], Education
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 11. Section 71.0352, Government Code, is amended to
read as follows:
Sec. 71.0352. JUVENILE DATA [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 [offenses]:
(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 12. 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;
[(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;]
(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 13. Article 45.055, Code of Criminal Procedure, and
Section 25.094(e), Education Code, are repealed.
SECTION 14. 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 15. This Act takes effect September 1, 2015.