Bill Text: TX SB1489 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to educational, juvenile justice, and criminal justice responses to truancy.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1489 Detail]

Download: Texas-2011-SB1489-Introduced.html

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82R7540 SJM-D
By: Whitmire S.B. No. 1489

A BILL TO BE ENTITLED
AN ACT
relating to jurisdiction for the offenses of truancy and failure to
attend school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 25.091(a) and (b), Education Code, are
amended to read as follows:
(a) A peace officer serving as an attendance officer has the
following powers and duties concerning enforcement of compulsory
school attendance requirements:
(1) to investigate each case of a violation of
compulsory school attendance requirements referred to the peace
officer;
(2) to enforce compulsory school attendance
requirements by:
(A) referring a student to a juvenile court or
filing a complaint against a student in a [county,] justice[,] or
municipal court, as provided by Section 25.094(b), if the student
has unexcused absences for the amount of time specified under
Section 25.094 or under Section 51.03(b)(2), Family Code; and
(B) filing a complaint in a [county,] justice[,]
or municipal court against a parent who violates Section 25.093;
(3) to serve court-ordered legal process;
(4) to review school attendance records for compliance
by each student investigated by the officer;
(5) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(6) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that a peace officer may not enter
a residence without the permission of the parent of a student
required under this subchapter to attend school or of the tenant or
owner of the residence except to lawfully serve court-ordered legal
process on the parent; and
(7) to take a student into custody with the permission
of the student's parent or in obedience to a court-ordered legal
process.
(b) An attendance officer employed by a school district who
is not commissioned as a peace officer has the following powers and
duties with respect to enforcement of compulsory school attendance
requirements:
(1) to investigate each case of a violation of the
compulsory school attendance requirements referred to the
attendance officer;
(2) to enforce compulsory school attendance
requirements by:
(A) referring a student to a juvenile court or
filing a complaint against a student in a [county,] justice[,] or
municipal court, as provided by Section 25.094(b), if the student
has unexcused absences for the amount of time specified under
Section 25.094 or under Section 51.03(b)(2), Family Code; and
(B) filing a complaint in a [county,] justice[,]
or municipal court against a parent who violates Section 25.093;
(3) to monitor school attendance compliance by each
student investigated by the officer;
(4) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(5) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that the attendance officer may not
enter a residence without permission of the parent or of the owner
or tenant of the residence;
(6) at the request of a parent, to escort a student
from any location to a school campus to ensure the student's
compliance with compulsory school attendance requirements; and
(7) if the attendance officer has or is informed of a
court-ordered legal process directing that a student be taken into
custody and the school district employing the officer does not
employ its own police department, to contact the sheriff,
constable, or any peace officer to request that the student be taken
into custody and processed according to the legal process.
SECTION 2. Section 25.093(b), Education Code, is amended to
read as follows:
(b) The attendance officer or other appropriate school
official shall file a complaint against the parent in:
(1) [the constitutional county court of the county in
which the parent resides or in which the school is located, if the
county has a population of two million or more;
[(2)] a justice court of any precinct in the county in
which the parent resides or in which the school is located; or
(2) [(3)] a municipal court of the municipality in
which the parent resides or in which the school is located.
SECTION 3. Sections 25.094(b), (c), (d), and (d-1),
Education Code, are amended to read as follows:
(b) An offense under this section may only be [prosecuted
in]:
(1) referred to juvenile court if the individual was
younger than 17 years of age at the time the violation occurred [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 two million or more]; or
(2) if the individual was 17 years of age or older at
the time the offense was committed, prosecuted in:
(A) a justice court of any precinct in the county
in which the individual resides or in which the school is located;
or
(B) [(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) If the juvenile [county], justice, or municipal court
believes that a child has violated an order issued under Subsection
(c), the court may proceed as authorized by Article 45.050, Code of
Criminal Procedure.
(d-1) Pursuant to an order of the juvenile [county],
justice, or municipal court based on an affidavit showing probable
cause to believe that an individual has committed an offense under
or engaged in conduct that violates this section, a peace officer
may 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 juvenile
[county], justice, or municipal court as requested by the court; or
(B) bring the individual to a juvenile [county],
justice, or municipal court with venue over the offense or the
conduct.
SECTION 4. Section 25.095(a), Education Code, is 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 prosecution [under
Section 25.094] or to referral to a juvenile court, as provided by
Section 25.094(b), [in a county with a population of less than
100,000] for conduct that violates that section.
SECTION 5. 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 student, if the
student was 17 years of age or older at the time the offense was
committed, or the student's parent or both in a [county,]
justice[,] or municipal court for an offense under Section 25.093
or 25.094, as appropriate[, or refer the student to a juvenile court
in a county with a population of less than 100,000 for conduct that
violates Section 25.094]; or
(2) if the student was younger than 17 years of age at
the time the violation occurred:
(A) refer the student to a juvenile court for
conduct indicating a need for supervision under Section
51.03(b)(2), Family Code;
(B) file a complaint against the student's parent
in a justice or municipal court for an offense under Section 25.093;
or
(C) refer the student to juvenile court and file
a complaint against the student's parent in justice or municipal
court.
(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, if the
student was 17 years of age or older at the time the offense was
committed, or the student's parent or both in a [county,]
justice[,] or municipal court for an offense under Section 25.093
or 25.094, as appropriate[, or refer the student to a juvenile court
in a county with a population of less than 100,000 for conduct that
violates Section 25.094]; or
(2) if the student was younger than 17 years of age at
the time the violation occurred:
(A) refer the student to a juvenile court for
conduct indicating a need for supervision under Section
51.03(b)(2), Family Code;
(B) file a complaint against the student's parent
in a justice or municipal court for an offense under Section 25.093;
or
(C) refer the student to juvenile court and file
a complaint against the student's parent in justice or municipal
court.
SECTION 6. Article 45.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) On a finding by a [county,] justice[,] or municipal
court that an individual has committed an offense under Section
25.094, Education Code, or by a juvenile court that an individual
engaged in conduct in violation of that section, 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.
SECTION 7. Section 51.03(f), Family Code, is amended to
read as follows:
(f) Conduct [Except as provided by Subsection (g), conduct]
described under Subsection (b)(1) does not constitute conduct
indicating a need for supervision unless the child has been
referred to the juvenile court under Section 51.08(b).
SECTION 8. Section 54.021, Family Code, is amended to read
as follows:
Sec. 54.021. [COUNTY,] JUSTICE[,] OR MUNICIPAL COURT:
TRUANCY. (a) [The juvenile court may waive its exclusive original
jurisdiction and transfer a child to the constitutional county
court, if the county has a population of two million or more, or to
an appropriate justice or municipal court, with the permission of
the county, justice, or municipal court, for disposition in the
manner provided by Subsection (b) if the child is alleged to have
engaged in conduct described in Section 51.03(b)(2). A waiver of
jurisdiction under this subsection may be for an individual case or
for all cases in which a child is alleged to have engaged in conduct
described in Section 51.03(b)(2). The waiver of a juvenile court's
exclusive original jurisdiction for all cases in which a child is
alleged to have engaged in conduct described in Section 51.03(b)(2)
is effective for a period of one year.
[(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) only as provided by [in a case
where:
[(1) the juvenile court has waived its original
jurisdiction under this section; and
[(2) a complaint is filed by the appropriate authority
in the county, justice, or municipal court charging an offense
under] Section 25.094(b) [25.094], Education Code.
(b) [(c)] A proceeding in a [county,] justice[,] or
municipal court on a complaint charging an offense under Section
25.094, Education Code, is governed by Chapter 45, Code of Criminal
Procedure.
(c) [(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 or 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 or 25.094, Education Code.
[(e)] The proceedings before a justice or municipal
[constitutional county] court related to an offense under Section
25.093 or 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. Sections 26.045(c) and (e), Government Code, are
amended to read as follows:
(c) Except as provided by Subsection [Subsections (d) and]
(f), a county court that is in a county with a criminal district
court does not have any criminal jurisdiction.
(e) Subsection [Subsections] (c) does [and (d) do] not
affect the jurisdiction of a statutory county court.
SECTION 10. The following are repealed:
(1) Article 45.054(a-1), Code of Criminal Procedure;
(2) Section 51.03(g), Family Code;
(3) Section 51.04(h), Family Code;
(4) Section 26.045(d), Government Code; and
(5) Subchapter W, Chapter 54, Government Code.
SECTION 11. The change in law made by this Act applies only
to conduct that violates Section 25.093 or 25.094, Education Code,
as amended by this Act, that occurs on or after the effective date
of this Act. Conduct that violates Section 25.093 or 25.094,
Education Code, as amended by this Act, that occurs before the
effective date of this Act is covered by the law in effect at the
time the conduct occurred, and the former law is continued in effect
for that purpose. For purposes of this section, conduct occurs
before the effective date of this Act if any element of the
violation occurred before that date.
SECTION 12. This Act takes effect September 1, 2011.