Bill Text: TX SB560 | 2015-2016 | 84th Legislature | Introduced

Texas Senate Bill 560 (Prior Session Legislation)

Introduced

Bill Title: Relating to procedures involving truancy and other fine-only misdemeanors committed by children.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-02-18 - Referred to Criminal Justice [SB560 Detail]

Download: Texas-2015-SB560-Introduced.html

	84R2791 ADM-D

	By: Lucio	S.B. No. 560



	A BILL TO BE ENTITLED
	AN ACT
	relating to procedures involving truancy and other fine-only
	misdemeanors committed by children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 45, Code of Criminal
	Procedure, is amended by adding Article 45.02151 to read as
	follows:
	Art. 45.02151. INSTRUCTION TO MINOR BEFORE PLEA. (a) This
	article applies to a defendant who is younger than 18 years of age.
	(b) Before the court takes the defendant's plea, the court
	shall inform the defendant of the potential consequences a criminal
	record may have on the defendant, including an impact on the
	defendant's:
	(1) college applications;
	(2) future military service; and
	(3) employment prospects.
	(c) The supreme court, after consultation with the court of
	criminal appeals, shall develop language for the statement required
	by Subsection (b).
	SECTION 2. Article 45.054, Code of Criminal Procedure, is
	amended by adding Subsection (a-3) to read as follows:
	(a-3) A court having jurisdiction under this article shall
	offer the defendant the option of deferring further proceedings in
	accordance with Article 45.051 if the defendant has not previously:
	(1) participated in a pretrial diversion program for
	truancy;
	(2) been convicted of an offense under Section 25.094,
	Education Code; or
	(3) been the subject of a dispositional order under
	this article.
	SECTION 3. Section 25.0915, Education Code, is amended by
	amending Subsection (c) and adding Subsection (d) 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), does not satisfy the elements required for the
	offense, is not timely filed, or is otherwise defective. A
	dismissal under this section must be made before a hearing of the
	complaint or referral is scheduled and without requiring the
	presence of the defendant.
	(d) The agency shall adopt rules:
	(1) creating minimum standards for truancy prevention
	measures adopted by a school district under this section; and
	(2) establishing a set of best practices for truancy
	prevention measures.
	SECTION 4. Section 25.0951(d), Education Code, is amended
	to read as follows:
	(d) A court shall dismiss a complaint or referral made by a
	school district under this section that is not made in compliance
	with this section, does not satisfy the elements required for the
	offense, is not timely filed, or is otherwise defective. A
	dismissal under this section must be made before a hearing of the
	complaint or referral is scheduled and without requiring the
	presence of the defendant.
	SECTION 5. The changes in law made by this Act do not apply
	to an offense committed under Section 25.094, Education Code,
	before the effective date of this Act or to a criminal action
	pending on the effective date of this Act for an offense under that
	section. An offense committed before the effective date of this Act
	or a criminal action pending on that date is governed 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 Act,
	an offense is committed before the effective date of this Act if any
	element of the offense was committed before that date.
	SECTION 6. This Act takes effect September 1, 2015.