| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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 [PROHIBITED] FOR CERTAIN CLASS C |
|
|
MISDEMEANORS. (a) Except as provided by Subsection (b) and |
|
|
notwithstanding [Notwithstanding] any other provision of law, a |
|
|
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 [PROHIBITED]; CUSTODY OF |
|
|
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) [If a 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,] the school may file a complaint against the child with a |
|
|
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. |