Bill Text: TX HB3057 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the prosecution of certain misdemeanor offenses committed by children and to school district law enforcement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-16 - Left pending in committee [HB3057 Detail]
Download: Texas-2013-HB3057-Introduced.html
By: Herrero | H.B. No. 3057 |
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relating to the prosecution of certain misdemeanor offenses | ||
committed by children and to school district law enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 45.056(a) and (c), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) On approval of the commissioners court, city council, | ||
school district board of trustees, juvenile board, or other | ||
appropriate authority, a county court, justice court, municipal | ||
court, school district, juvenile probation department, or other | ||
appropriate governmental entity may[ |
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with Chapter 791, Government Code, to jointly employ a case manager | ||
to provide services in cases involving juvenile offenders who are: | ||
(1) before a court consistent with the court's | ||
statutory powers; or | ||
(2) referred to the case manager by a school | ||
administrator or designee before a complaint is filed with a court | ||
for a school offense, as defined by Section 37.141, Education Code, | ||
that would otherwise be within the court's jurisdiction, if the | ||
juvenile offender and the juvenile offender's parent or guardian | ||
consent to the referral to the [ |
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(c) A county or justice court on approval of the | ||
commissioners court or a municipality or municipal court on | ||
approval of the city council may employ one or more juvenile case | ||
managers to: | ||
(1) assist the court in administering the court's | ||
juvenile docket and in supervising its court orders in juvenile | ||
cases; and | ||
(2) provide intervention services, with the consent of | ||
the juveniles and the juveniles' parents or guardians, to juveniles | ||
considered at-risk of entering the juvenile justice system and | ||
referred to the case manager by school administrators before cases | ||
are filed with the court for alleged Class C misdemeanors, other | ||
than traffic offenses. | ||
SECTION 2. Section 25.0915, Education Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A court shall dismiss a complaint or referral made by a | ||
school district under this section that is not made in compliance | ||
with Subsection (b). | ||
SECTION 3. Chapter 37, Education Code, is amended by adding | ||
Subchapter E-1 to read as follows: | ||
SUBCHAPTER E-1. PROGRESSIVE SANCTIONS FOR CERTAIN | ||
MISDEMEANOR OFFENSES | ||
Sec. 37.141. DEFINITIONS. In this subchapter: | ||
(1) "Child" means a person who is: | ||
(A) younger than 17 years of age; and | ||
(B) not married, divorced, or widowed. | ||
(2) "School offense" means an offense committed by a | ||
child enrolled in a public school that is: | ||
(A) a Class C misdemeanor, other than a traffic | ||
offense, that is committed while the child is: | ||
(i) on the grounds of the school in which | ||
the child is enrolled; or | ||
(ii) a passenger in a vehicle that is under | ||
the control and jurisdiction of the school district that operates | ||
the school in which the child is enrolled; or | ||
(B) an offense under Section 25.094, 37.124, or | ||
37.126. | ||
Sec. 37.142. CONFLICT OF LAW. To the extent of any | ||
conflict, this subchapter controls over any other law applied to a | ||
school offense alleged to have been committed by a child. | ||
Sec. 37.143. CITATION PROHIBITED; CUSTODY OF CHILD. (a) A | ||
peace officer may not issue a citation to a child who is alleged to | ||
have committed a school offense. | ||
(b) This subchapter does not prohibit a child from being | ||
taken into custody under Section 52.01, Family Code. | ||
Sec. 37.144. PROGRESSIVE SANCTIONS. (a) Before filing a | ||
complaint under Section 37.145 against a child alleging the | ||
commission of a school offense, a school district employee shall | ||
impose progressive sanctions on the child. Under the progressive | ||
sanctions, the employee shall: | ||
(1) issue a warning letter to the child and the child's | ||
parent or guardian that specifically states the child's alleged | ||
school offense and explains the consequences if the child engages | ||
in additional misconduct; or | ||
(2) impose a behavior contract on the child that must: | ||
(A) be signed by the child, the child's parent or | ||
guardian, and an employee of the school; and | ||
(B) include: | ||
(i) a specific description of the behavior | ||
that is required or prohibited for the child; | ||
(ii) the period for which the contract will | ||
be effective, not to exceed 45 school days after the date the | ||
contract becomes effective; and | ||
(iii) the penalties for additional alleged | ||
school offenses, including additional disciplinary action or the | ||
filing of a complaint in a criminal court. | ||
(b) In addition to the progressive sanctions imposed under | ||
Subsection (a), the school may refer the child to services which may | ||
include: | ||
(1) school-based community service; and | ||
(2) counseling, community-based services, or other | ||
in-school or out-of-school services aimed at addressing the child's | ||
behavioral problems. | ||
(c) A referral made under Subsection (b) may include | ||
participation by the child's parent or guardian if necessary. | ||
Sec. 37.145. COMPLAINT. (a) If a child fails to comply | ||
with or complete progressive sanctions under Section 37.144, the | ||
school may file a complaint against the child with a criminal court | ||
in accordance with Section 37.146. | ||
(b) Notwithstanding Section 37.144(a), a school may file a | ||
complaint alleging the commission of a school offense with a | ||
criminal court in accordance with Section 37.146 against a child if | ||
the school has imposed progressive sanctions on the child for three | ||
or more previous school offenses committed during the same semester | ||
as the current school offense. | ||
Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint | ||
alleging the commission of a school offense must, in addition to the | ||
requirements imposed by Article 45.019, Code of Criminal Procedure: | ||
(1) be sworn to by a person who has personal knowledge | ||
of the underlying facts giving rise to probable cause to believe | ||
that an offense has been committed; and | ||
(2) be accompanied by a statement from a school | ||
employee stating: | ||
(A) whether the child is eligible for or receives | ||
special services under Subchapter A, Chapter 29; and | ||
(B) the progressive sanctions that were imposed | ||
on the child before the complaint was filed. | ||
(b) After a complaint has been filed under this subchapter, | ||
a summons may be issued under Articles 23.04 and 45.057(e), Code of | ||
Criminal Procedure. | ||
SECTION 4. Section 37.081(f), Education Code, is amended to | ||
read as follows: | ||
(f) The chief of police of the school district police | ||
department shall be accountable to the superintendent and shall | ||
report to the superintendent [ |
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School district police officers shall be supervised by the chief of | ||
police of the school district or the chief of police's designee and | ||
shall be licensed by the Commission on Law Enforcement Officer | ||
Standards and Education. | ||
SECTION 5. Section 8.07, Penal Code, is amended by adding | ||
Subsections (d) and (e) to read as follows: | ||
(d) Notwithstanding Subsection (a), a person may not be | ||
prosecuted for or convicted of an offense described by Subsection | ||
(a)(4) or (5) that the person committed when younger than 12 years | ||
of age. | ||
(e) A person who is at least 12 years of age but younger than | ||
15 years of age is presumed incapable of committing an offense | ||
described by Subsection (a)(4) or (5). This presumption may be | ||
refuted if the prosecution proves to the court by a preponderance of | ||
the evidence that the actor had sufficient capacity to understand | ||
that the conduct engaged in was wrong at the time the conduct was | ||
engaged in. The prosecution is not required to prove that the actor | ||
at the time of engaging in the conduct knew that the act was a | ||
criminal offense or knew the legal consequences of the offense. | ||
SECTION 6. Section 42.01, Penal Code, is amended by adding | ||
Subsection (a-1) to read as follows: | ||
(a-1) For purposes of Subsection (a), the term "public | ||
place" includes a public school campus or the school grounds on | ||
which a public school is located. | ||
SECTION 7. The changes in law made by this Act apply 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 covered | ||
by the law in effect at the time the offense was committed, and the | ||
former law is continued in effect for that purpose. For the | ||
purposes of this section, an offense is committed before the | ||
effective date of this Act if any element of the offense was | ||
committed before that date. | ||
SECTION 8. This Act takes effect September 1, 2013. |