Bill Text: TX HB2061 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the authority to issue an arrest warrant or citation for certain Class C misdemeanors committed by certain children on school property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-02 - Failed to receive affirmative vote in comm. [HB2061 Detail]
Download: Texas-2019-HB2061-Introduced.html
86R4596 KJE-D | ||
By: Burns | H.B. No. 2061 |
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relating to the authority to issue an arrest warrant or citation for | ||
certain Class C misdemeanors committed by certain children on | ||
school property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.085, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.085. ARRESTS [ |
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MISDEMEANORS. (a) Except as provided by Subsection (b) and | ||
notwithstanding [ |
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warrant may not be issued for the arrest of a person for a Class C | ||
misdemeanor under this code committed when the person was younger | ||
than 17 years of age. | ||
(b) A warrant may be issued for the arrest of a person for a | ||
Class C misdemeanor under this code committed while the person was | ||
in a disciplinary alternative education program. | ||
SECTION 2. The heading to Section 37.143, Education Code, | ||
is amended to read as follows: | ||
Sec. 37.143. ISSUANCE OF CITATION [ |
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CHILD. | ||
SECTION 3. Section 37.143(a), Education Code, is amended to | ||
read as follows: | ||
(a) A peace officer, law enforcement officer, or school | ||
resource officer may not issue a citation to a child who is alleged | ||
to have committed a school offense unless the child is alleged to | ||
have committed the offense while the child was in a disciplinary | ||
alternative education program. | ||
SECTION 4. Section 37.145, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.145. CITATION OR COMPLAINT. If a child is alleged | ||
to have committed a school offense: | ||
(1) a peace officer, law enforcement officer, or | ||
school resource officer may issue a citation to the child, if the | ||
issuance of a citation is authorized under Section 37.143; or | ||
(2) [ |
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criminal court in accordance with Section 37.146, if the child | ||
fails to comply with or complete graduated sanctions under Section | ||
37.144 or if the school district has not elected to adopt a system | ||
of graduated sanctions under that section. | ||
SECTION 5. The change in law made by this Act applies 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 | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 6. This Act takes effect September 1, 2019. |