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|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to court jurisdiction and procedures for truancy. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 4.14(g), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(g) A municipality may enter into an agreement with a |
|
contiguous municipality or a municipality with boundaries that are |
|
within one-half mile of the municipality seeking to enter into the |
|
agreement to establish concurrent jurisdiction of the municipal |
|
courts in the municipalities and provide original jurisdiction to a |
|
municipal court in which a case is brought as if the municipal court |
|
were located in the municipality in which the case arose, for: |
|
(1) all cases in which either municipality has |
|
jurisdiction under Subsection (a); and |
|
(2) cases that arise under Section 821.022, Health and |
|
Safety Code, or Section 51.03(b)(2), Family Code [25.094, Education
|
|
Code]. |
|
SECTION 2. Article 45.0216(g), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(g) This article does not apply to any offense otherwise |
|
covered by: |
|
(1) Chapter 106, Alcoholic Beverage Code; or |
|
(2) Chapter 161, Health and Safety Code[; or
|
|
[(3) Section 25.094, Education Code]. |
|
SECTION 3. Article 102.014(d), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(d) A person convicted of an offense under Section 25.093 |
|
[or 25.094], Education Code, shall pay as taxable court costs $20 in |
|
addition to other taxable court costs. The additional court costs |
|
under this subsection shall be collected in the same manner that |
|
other fines and taxable court costs in the case are collected. |
|
SECTION 4. (a) Section 7.111(a), Education Code, as amended |
|
by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is reenacted to read as |
|
follows: |
|
(a) The board shall provide for the administration of high |
|
school equivalency examinations. |
|
(b) Section 7.111(a-1), Education Code, is amended to |
|
conform to the amendment of Section 7.111(a), Education Code, by |
|
Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular |
|
Session, 2013, and is further amended to read as follows: |
|
(a-1) A person who does not have a high school diploma may |
|
take the examination in accordance with rules adopted by the board |
|
if the person is: |
|
(1) over 17 years of age; |
|
(2) 16 years of age or older and: |
|
(A) is enrolled in a Job Corps training program |
|
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 |
|
et seq.), and its subsequent amendments; |
|
(B) a public agency providing supervision of the |
|
person or having custody of the person under a court order |
|
recommends that the person take the examination; or |
|
(C) is enrolled in the Texas Military |
|
Department's [adjutant general's department's] Seaborne ChalleNGe |
|
Corps; or |
|
(3) required to take the examination under a court |
|
order issued under Section 54.0492(a)(1)(C), Family Code. |
|
SECTION 5. Section 25.085(f), Education Code, is amended to |
|
read as follows: |
|
(f) The board of trustees of a school district may adopt a |
|
policy requiring a person described by Subsection (e) who is under |
|
21 years of age to attend school until the end of the school year. |
|
[Section 25.094 applies to a person subject to a policy adopted
|
|
under this subsection.] Sections 25.093 and 25.095 do not apply to |
|
the parent of a person subject to a policy adopted under this |
|
subsection. |
|
SECTION 6. 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) applying truancy prevention measures adopted |
|
under Section 25.0915 to the student; and |
|
(B) if the truancy prevention measures fail to |
|
meaningfully address the student's conduct: |
|
(i) referring the student to a juvenile |
|
court or filing a complaint against the student in a county, |
|
justice, or municipal court 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; or |
|
(ii) 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) applying truancy prevention measures adopted |
|
under Section 25.0915 to the student; and |
|
(B) if the truancy prevention measures fail to |
|
meaningfully address the student's conduct: |
|
(i) referring the student to a juvenile |
|
court or filing a complaint against the student in a county, |
|
justice, or municipal court 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 |
|
(ii) 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 7. Sections 25.0915(a) and (b), Education Code, are |
|
amended to read as follows: |
|
(a) A school district shall adopt truancy prevention |
|
measures designed to: |
|
(1) address student conduct related to truancy in the |
|
school setting; and |
|
(2) minimize the need for referrals to juvenile court |
|
for conduct described by Section 51.03(b)(2), Family Code[; and
|
|
[(3)
minimize the filing of complaints in county,
|
|
justice, and municipal courts alleging a violation of Section
|
|
25.094]. |
|
(b) Each referral to juvenile court for conduct described by |
|
Section 51.03(b)(2), Family Code, [or complaint filed in county,
|
|
justice, or municipal court alleging a violation by a student of
|
|
Section 25.094] must: |
|
(1) be accompanied by a statement from the student's |
|
school certifying that: |
|
(A) the school applied the truancy prevention |
|
measures adopted under Subsection (a) to the student; and |
|
(B) the truancy prevention measures failed to |
|
meaningfully address the student's school attendance; and |
|
(2) specify whether the student is eligible for or |
|
receives special education services under Subchapter A, Chapter 29. |
|
SECTION 8. Section 25.093(a), Education Code, is amended to |
|
read as follows: |
|
(a) If a warning is issued as required by Section 25.095(a), |
|
the parent with criminal negligence fails to require the child to |
|
attend school as required by law, and the child has absences for the |
|
amount of time specified under Section 51.03(b)(2), Family Code |
|
[25.094], the parent commits an offense. |
|
SECTION 9. Sections 25.095(a) and (c), Education Code, are |
|
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 [in a county with
|
|
a population of less than 100,000] for conduct indicating a need for |
|
supervision under Section 51.03(b)(2), Family Code [that violates
|
|
that section]. |
|
(c) The fact that a parent did not receive a notice under |
|
Subsection (a) or (b) does not create a defense [to prosecution] |
|
under Section 25.093 or Section 51.03(b)(2), Family Code [25.094]. |
|
SECTION 10. Sections 25.0951(a), (b), and (c), 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 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)] refer the student to a juvenile court for |
|
conduct indicating a need for supervision under Section |
|
51.03(b)(2), Family Code. |
|
(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 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)] refer the student to a juvenile court for |
|
conduct indicating a need for supervision under Section |
|
51.03(b)(2), Family Code. |
|
(c) If a student fails to attend school without excuse as |
|
specified by Subsection (a) or (b), a school district may file a |
|
complaint against the student's parent in a county, justice, or |
|
municipal court for an offense under Section 25.093. In this |
|
subsection [section], "parent" includes a person standing in |
|
parental relation. |
|
SECTION 11. Section 25.0952, Education Code, is amended to |
|
read as follows: |
|
Sec. 25.0952. PROCEDURES APPLICABLE TO SCHOOL |
|
ATTENDANCE-RELATED OFFENSES. In a proceeding based on a complaint |
|
under Section 25.093 [or 25.094], the court shall, except as |
|
otherwise provided by this chapter, use the procedures and exercise |
|
the powers authorized by Chapter 45, Code of Criminal Procedure. |
|
SECTION 12. Section 29.087(d), Education Code, is amended |
|
to read as follows: |
|
(d) A student is eligible to participate in a program |
|
authorized by this section if: |
|
(1) the student has been ordered by a court under |
|
Section 54.0492, Family Code [Article 45.054, Code of Criminal
|
|
Procedure, as added by Chapter 1514, Acts of the 77th Legislature,
|
|
Regular Session, 2001], or by the Texas Juvenile Justice Department |
|
[Youth Commission] to: |
|
(A) participate in a preparatory class for the |
|
high school equivalency examination; or |
|
(B) take the high school equivalency examination |
|
administered under Section 7.111; or |
|
(2) the following conditions are satisfied: |
|
(A) the student is at least 16 years of age at the |
|
beginning of the school year or semester; |
|
(B) the student is a student at risk of dropping |
|
out of school, as defined by Section 29.081; |
|
(C) the student and the student's parent or |
|
guardian agree in writing to the student's participation; |
|
(D) at least two school years have elapsed since |
|
the student first enrolled in ninth grade and the student has |
|
accumulated less than one third of the credits required to graduate |
|
under the minimum graduation requirements of the district or |
|
school; and |
|
(E) any other conditions specified by the |
|
commissioner. |
|
SECTION 13. Section 51.02(15), Family Code, is amended to |
|
read as follows: |
|
(15) "Status offender" means a child who is accused, |
|
adjudicated, or convicted for conduct that would not, under state |
|
law, be a crime if committed by an adult, including: |
|
(A) truancy under Section 51.03(b)(2); |
|
(B) running away from home under Section |
|
51.03(b)(3); |
|
(C) a fineable only offense under Section |
|
51.03(b)(1) transferred to the juvenile court under Section |
|
51.08(b), but only if the conduct constituting the offense would |
|
not have been criminal if engaged in by an adult; |
|
(D) [failure to attend school under Section
|
|
25.094, Education Code;
|
|
[(E)] a violation of standards of student conduct |
|
as described by Section 51.03(b)(5); |
|
(E) [(F)] a violation of a juvenile curfew |
|
ordinance or order; |
|
(F) [(G)] a violation of a provision of the |
|
Alcoholic Beverage Code applicable to minors only; or |
|
(G) [(H)] a violation of any other fineable only |
|
offense under Section 8.07(a)(4) or (5), Penal Code, but only if the |
|
conduct constituting the offense would not have been criminal if |
|
engaged in by an adult. |
|
SECTION 14. Sections 51.03(b) and (f), Family Code, are |
|
amended to read as follows: |
|
(b) Conduct indicating a need for supervision is: |
|
(1) subject to Subsection (f), conduct, other than a |
|
traffic offense, that violates: |
|
(A) the penal laws of this state of the grade of |
|
misdemeanor that are punishable by fine only; or |
|
(B) the penal ordinances of any political |
|
subdivision of this state; |
|
(2) truancy, which is the absence of a child 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 from school; |
|
(3) the voluntary absence of a child from the child's |
|
home without the consent of the child's parent or guardian for a |
|
substantial length of time or without intent to return; |
|
(4) conduct prohibited by city ordinance or by state |
|
law involving the inhalation of the fumes or vapors of paint and |
|
other protective coatings or glue and other adhesives and the |
|
volatile chemicals itemized in Section 485.001, Health and Safety |
|
Code; |
|
(5) an act that violates a school district's |
|
previously communicated written standards of student conduct for |
|
which the child has been expelled under Section 37.007(c), |
|
Education Code; |
|
(6) conduct that violates a reasonable and lawful |
|
order of a court entered under Section 264.305; |
|
(7) notwithstanding Subsection (a)(1), conduct |
|
described by Section 43.02(a)(1) or (2), Penal Code; or |
|
(8) notwithstanding Subsection (a)(1), conduct that |
|
violates Section 43.261, Penal Code. |
|
(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 15. Section 51.04, Family Code, is amended by |
|
amending Subsections (b) and (h) and adding Subsection (j) to read |
|
as follows: |
|
(b) In each county, the county's juvenile board shall |
|
designate one or more district, criminal district, domestic |
|
relations, juvenile, or county courts or county courts at law as the |
|
juvenile court, subject to Subsections (c), (d), [and] (i), and |
|
(j). |
|
(h) In a county with a population of less than 100,000, the |
|
juvenile court has concurrent jurisdiction with the justice and |
|
municipal courts over conduct engaged in by a child that violates |
|
Section 51.03(b)(2) [25.094, Education Code]. |
|
(j) The following courts are designated as juvenile courts |
|
for the purpose of making determinations under Section 51.03(b)(2): |
|
(1) a constitutional county court in a county with a |
|
population of 1.75 million or more; or |
|
(2) an appropriate justice or municipal court. |
|
SECTION 16. Section 54.041(f), Family Code, is amended to |
|
read as follows: |
|
(f) If a child is found to have engaged in conduct |
|
indicating a need for supervision described under Section |
|
51.03(b)(2) [or (g)], the court may order the child's parents or |
|
guardians to attend a program described by Section 25.093(f), |
|
Education Code, if a program is available. |
|
SECTION 17. Chapter 54, Family Code, is amended by adding |
|
Section 54.0492 to read as follows: |
|
Sec. 54.0492. REMEDIES IN TRUANCY CASES. (a) On a finding |
|
that an individual has engaged in conduct indicating a need for |
|
supervision under Section 51.03(b)(2), the court may 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 |
|
unlikely to do well in a formal classroom environment due to the |
|
individual's age; 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; or |
|
(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 number of hours ordered by the court, the |
|
individual participate in a tutorial program: |
|
(A) covering the academic subjects in which the |
|
student is enrolled; and |
|
(B) provided by the school the individual |
|
attends. |
|
(b) An order under Subsection (a) may not require a student |
|
to attend a juvenile justice alternative education program. |
|
(c) An order under Subsection (a)(3) that requires the |
|
parent of an individual to attend a class for students at risk of |
|
dropping out of school is enforceable by contempt. |
|
(d) The court shall endorse on the summons issued to the |
|
parent of the individual who is the subject of the hearing an order |
|
directing the parent to appear personally at the hearing and |
|
directing the person having custody of the individual to bring the |
|
individual to the hearing. |
|
(e) A parent who fails to attend a hearing under this |
|
section after receiving notice of a summons under Subsection (d) |
|
commits an offense. An offense under this subsection is a Class C |
|
misdemeanor. |
|
(f) In addition to any other order authorized by this |
|
section, the court may order the Department of Public Safety to |
|
suspend the driver's license or permit of the individual who is the |
|
subject of the hearing or, if the individual does not have a license |
|
or permit, to deny the issuance of a license or permit to the |
|
individual for a period specified by the court not to exceed 365 |
|
days. |
|
(g) A dispositional order under this section is effective |
|
for the period specified by the court in the order but may not |
|
extend beyond the 180th day after the date of the order or beyond |
|
the end of the school year in which the order was entered, whichever |
|
period is longer. |
|
(h) In this section, "parent" includes a person standing in |
|
parental relation. |
|
(i) A court shall dismiss the petition or complaint against |
|
an individual if: |
|
(1) the court finds that the individual has |
|
successfully complied with the conditions imposed on the individual |
|
by the court under this section; or |
|
(2) the individual presents to the court proof that |
|
the individual has obtained a high school diploma or a high school |
|
equivalency certificate. |
|
(j) A county, justice, or municipal court may waive or |
|
reduce a fee or court cost imposed under this section if the court |
|
finds that payment of the fee or court cost would cause financial |
|
hardship. |
|
SECTION 18. Section 58.106(a), Family Code, is amended to |
|
read as follows: |
|
(a) Except as otherwise provided by this section, |
|
information contained in the juvenile justice information system is |
|
confidential information for the use of the department and may not |
|
be disseminated by the department except: |
|
(1) with the permission of the juvenile offender, to |
|
military personnel of this state or the United States; |
|
(2) to a person or entity to which the department may |
|
grant access to adult criminal history records as provided by |
|
Section 411.083, Government Code; |
|
(3) to a juvenile justice agency; |
|
(4) to the Texas Juvenile Justice Department [Youth
|
|
Commission and the Texas Juvenile Probation Commission] for |
|
analytical purposes; |
|
(5) to the office of independent ombudsman of the |
|
Texas Juvenile Justice Department [Youth Commission]; and |
|
(6) to a county, justice, or municipal court |
|
exercising jurisdiction over a juvenile, including a court |
|
exercising jurisdiction over a juvenile under Section 51.04(j) |
|
[54.021]. |
|
SECTION 19. Section 26.045(d), Government Code, is amended |
|
to read as follows: |
|
(d) A county court in a county with a population of 1.75 |
|
million or more has original jurisdiction over cases alleging a |
|
violation of Section 25.093 [or 25.094], Education Code. |
|
SECTION 20. Section 29.003(i), Government Code, is amended |
|
to read as follows: |
|
(i) A municipality may enter into an agreement with a |
|
contiguous municipality or a municipality with boundaries that are |
|
within one-half mile of the municipality seeking to enter into the |
|
agreement to establish concurrent jurisdiction of the municipal |
|
courts in the municipalities and provide original jurisdiction to a |
|
municipal court in which a case is brought as if the municipal court |
|
were located in the municipality in which the case arose, for: |
|
(1) all cases in which either municipality has |
|
jurisdiction under Subsection (a); and |
|
(2) cases that arise under Section 821.022, Health and |
|
Safety Code, or Section 51.03(b)(2), Family Code [25.094, Education
|
|
Code]. |
|
SECTION 21. Section 54.1172(a), Government Code, is amended |
|
to read as follows: |
|
(a) The county judge may appoint one or more part-time or |
|
full-time magistrates to hear a matter alleging a violation of |
|
Section 25.093 [or 25.094], Education Code, or 51.03(b)(2), Family |
|
Code. |
|
SECTION 22. Section 54.1952(a), Government Code, is amended |
|
to read as follows: |
|
(a) The county judge may appoint one or more part-time or |
|
full-time magistrates to hear a matter alleging a violation of |
|
Section 25.093 [or 25.094], Education Code, or a truancy case under |
|
Section 51.03(b)(2), Family Code, referred to the magistrate by a |
|
court having jurisdiction over the matter. |
|
SECTION 23. Section 54.1955, Government Code, is amended to |
|
read as follows: |
|
Sec. 54.1955. POWERS. (a) Except as limited by an order of |
|
the county judge, a magistrate appointed under this subchapter may: |
|
(1) conduct hearings; |
|
(2) hear evidence; |
|
(3) issue summons for the appearance of witnesses; |
|
(4) examine witnesses; |
|
(5) swear witnesses for hearings; |
|
(6) recommend rulings or orders or a judgment in a |
|
case; |
|
(7) regulate proceedings in a hearing; |
|
(8) accept a plea of guilty or nolo contendere in a |
|
case alleging a violation of Section 25.093 [or 25.094], Education |
|
Code, and assess a fine or court costs or order community service in |
|
satisfaction of a fine or costs in accordance with Article 45.049, |
|
Code of Criminal Procedure; |
|
(9) for a violation of Section 25.093, Education Code, |
|
enter an order suspending a sentence or deferring a final |
|
disposition that includes at least one of the requirements listed |
|
in Article 45.051, Code of Criminal Procedure; |
|
(10) for an uncontested adjudication of conduct |
|
indicating a need for supervision under Section 51.03(b)(2), Family |
|
Code, accept a plea to the petition or a stipulation of evidence, |
|
and enter a disposition, defer adjudication, or take any other |
|
action authorized under Chapter 54, Family Code; and |
|
(11) perform any act and take any measure necessary |
|
and proper for the efficient performance of the duties required by |
|
the referral order, including the entry of an order that includes at |
|
least one of the requirements in Section 54.0492, Family Code |
|
[Article 45.054, Code of Criminal Procedure; and
|
|
[(11)
if the magistrate finds that a child as defined
|
|
by Article 45.058, Code of Criminal Procedure, has violated an
|
|
order under Article 45.054, Code of Criminal Procedure, proceed as
|
|
authorized by Article 45.050, Code of Criminal Procedure]. |
|
(b) With respect to an issue of law or fact the ruling on |
|
which could result in the dismissal of a prosecution under Section |
|
25.093 [or 25.094], Education Code, or a truancy case under Section |
|
51.03(b)(2), Family Code, a magistrate may not rule on the issue but |
|
may make findings, conclusions, and recommendations on the issue. |
|
SECTION 24. Section 54.1956, Government Code, is amended to |
|
read as follows: |
|
Sec. 54.1956. NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED |
|
CONDUCT. (a) On entry of a not guilty plea for a violation of |
|
Section 25.093, Education Code, the magistrate shall refer the case |
|
back to the referring court for all further pretrial proceedings |
|
and a full trial on the merits before the court or a jury. |
|
(b) On denial by a child of conduct described by Section |
|
51.03(b)(2), Family Code, the magistrate shall refer the case to |
|
the appropriate juvenile court for adjudication. |
|
SECTION 25. Section 71.0352, Government Code, is amended to |
|
read as follows: |
|
Sec. 71.0352. JUVENILE DATA [DATE]: JUSTICE, MUNICIPAL, AND |
|
JUVENILE COURTS. As a component of the official monthly report |
|
submitted to the Office of Court Administration of the Texas |
|
Judicial System: |
|
(1) justice and municipal courts shall report the |
|
number of cases filed for [the following offenses]: |
|
(A) conduct indicating a need for supervision |
|
under Section 51.03(b)(2), Family Code [failure to attend school
|
|
under Section 25.094, Education Code]; |
|
(B) parent contributing to nonattendance under |
|
Section 25.093, Education Code; and |
|
(C) violation of a local daytime curfew ordinance |
|
adopted under Section 341.905 or 351.903, Local Government Code; |
|
and |
|
(2) in cases in which a child fails to obey an order of |
|
a justice or municipal court under circumstances that would |
|
constitute contempt of court, the justice or municipal court shall |
|
report the number of incidents in which the child is: |
|
(A) referred to the appropriate juvenile court |
|
for delinquent conduct as provided by Article 45.050(c)(1), Code of |
|
Criminal Procedure, and Section 51.03(a)(2), Family Code; or |
|
(B) held in contempt, fined, or denied driving |
|
privileges as provided by Article 45.050(c)(2), Code of Criminal |
|
Procedure. |
|
SECTION 26. Section 102.021, Government Code, is amended to |
|
read as follows: |
|
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
|
PROCEDURE. A person convicted of an offense shall pay the |
|
following under the Code of Criminal Procedure, in addition to all |
|
other costs: |
|
(1) court cost on conviction of any offense, other |
|
than a conviction of an offense relating to a pedestrian or the |
|
parking of a motor vehicle (Art. 102.0045, Code of Criminal |
|
Procedure) . . . $4; |
|
(2) a fee for services of prosecutor (Art. 102.008, |
|
Code of Criminal Procedure) . . . $25; |
|
(3) fees for services of peace officer: |
|
(A) issuing a written notice to appear in court |
|
for certain violations (Art. 102.011, Code of Criminal Procedure) |
|
. . . $5; |
|
(B) executing or processing an issued arrest |
|
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal |
|
Procedure) . . . $50; |
|
(C) summoning a witness (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(D) serving a writ not otherwise listed (Art. |
|
102.011, Code of Criminal Procedure) . . . $35; |
|
(E) taking and approving a bond and, if |
|
necessary, returning the bond to courthouse (Art. 102.011, Code of |
|
Criminal Procedure) . . . $10; |
|
(F) commitment or release (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(G) summoning a jury (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(H) attendance of a prisoner in habeas corpus |
|
case if prisoner has been remanded to custody or held to bail (Art. |
|
102.011, Code of Criminal Procedure) . . . $8 each day; |
|
(I) mileage for certain services performed (Art. |
|
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
|
(J) services of a sheriff or constable who serves |
|
process and attends examining trial in certain cases (Art. 102.011, |
|
Code of Criminal Procedure) . . . not to exceed $5; |
|
(4) services of a peace officer in conveying a witness |
|
outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
|
$10 per day or part of a day, plus actual necessary travel expenses; |
|
(5) overtime of peace officer for time spent |
|
testifying in the trial or traveling to or from testifying in the |
|
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
|
(6) court costs on an offense relating to rules of the |
|
road, when offense occurs within a school crossing zone (Art. |
|
102.014, Code of Criminal Procedure) . . . $25; |
|
(7) court costs on an offense of passing a school bus |
|
(Art. 102.014, Code of Criminal Procedure) . . . $25; |
|
(8) court costs on an offense of parent contributing |
|
to student nonattendance [truancy or contributing to truancy] (Art. |
|
102.014, Code of Criminal Procedure) . . . $20; |
|
(9) cost for visual recording of intoxication arrest |
|
before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
|
$15; |
|
(10) cost of certain evaluations (Art. 102.018, Code |
|
of Criminal Procedure) . . . actual cost; |
|
(11) additional costs attendant to certain |
|
intoxication convictions under Chapter 49, Penal Code, for |
|
emergency medical services, trauma facilities, and trauma care |
|
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
|
(12) additional costs attendant to certain child |
|
sexual assault and related convictions, for child abuse prevention |
|
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
|
(13) court cost for DNA testing for certain felonies |
|
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250; |
|
(14) court cost for DNA testing for the offense of |
|
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of |
|
Criminal Procedure) . . . $50; |
|
(15) court cost for DNA testing for certain felonies |
|
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34; |
|
(16) if required by the court, a restitution fee for |
|
costs incurred in collecting restitution installments and for the |
|
compensation to victims of crime fund (Art. 42.037, Code of |
|
Criminal Procedure) . . . $12; |
|
(17) if directed by the justice of the peace or |
|
municipal court judge hearing the case, court costs on conviction |
|
in a criminal action (Art. 45.041, Code of Criminal Procedure) |
|
. . . part or all of the costs as directed by the judge; and |
|
(18) costs attendant to convictions under Chapter 49, |
|
Penal Code, and under Chapter 481, Health and Safety Code, to help |
|
fund drug court programs established under Chapter 122, 123, 124, |
|
or 125, Government Code, or former law (Art. 102.0178, Code of |
|
Criminal Procedure) . . . $60. |
|
SECTION 27. Section 103.021, Government Code, is amended to |
|
read as follows: |
|
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or |
|
defendant, or a party to a civil suit, as applicable, shall pay the |
|
following fees and costs under the Code of Criminal Procedure if |
|
ordered by the court or otherwise required: |
|
(1) a personal bond fee (Art. 17.42, Code of Criminal |
|
Procedure) . . . the greater of $20 or three percent of the amount |
|
of the bail fixed for the accused; |
|
(2) cost of electronic monitoring as a condition of |
|
release on personal bond (Art. 17.43, Code of Criminal Procedure) |
|
. . . actual cost; |
|
(3) a fee for verification of and monitoring of motor |
|
vehicle ignition interlock (Art. 17.441, Code of Criminal |
|
Procedure) . . . not to exceed $10; |
|
(3-a) costs associated with operating a global |
|
positioning monitoring system as a condition of release on bond |
|
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
|
subject to a determination of indigency; |
|
(3-b) costs associated with providing a defendant's |
|
victim with an electronic receptor device as a condition of the |
|
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
|
Procedure) . . . actual costs, subject to a determination of |
|
indigency; |
|
(4) repayment of reward paid by a crime stoppers |
|
organization on conviction of a felony (Art. 37.073, Code of |
|
Criminal Procedure) . . . amount ordered; |
|
(5) reimbursement to general revenue fund for payments |
|
made to victim of an offense as condition of community supervision |
|
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for |
|
a misdemeanor offense or $100 for a felony offense; |
|
(6) payment to a crime stoppers organization as |
|
condition of community supervision (Art. 42.12, Code of Criminal |
|
Procedure) . . . not to exceed $50; |
|
(7) children's advocacy center fee (Art. 42.12, Code |
|
of Criminal Procedure) . . . not to exceed $50; |
|
(8) family violence center fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . $100; |
|
(9) community supervision fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . not less than $25 or more than $60 per |
|
month; |
|
(10) additional community supervision fee for certain |
|
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per |
|
month; |
|
(11) for certain financially able sex offenders as a |
|
condition of community supervision, the costs of treatment, |
|
specialized supervision, or rehabilitation (Art. 42.12, Code of |
|
Criminal Procedure) . . . all or part of the reasonable and |
|
necessary costs of the treatment, supervision, or rehabilitation as |
|
determined by the judge; |
|
(12) fee for failure to appear for trial in a justice |
|
or municipal court if a jury trial is not waived (Art. 45.026, Code |
|
of Criminal Procedure) . . . costs incurred for impaneling the |
|
jury; |
|
(13) costs of certain testing, assessments, or |
|
programs during a deferral period (Art. 45.051, Code of Criminal |
|
Procedure) . . . amount ordered; |
|
(14) special expense on dismissal of certain |
|
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
|
. . . not to exceed amount of fine assessed; |
|
(15) an additional fee: |
|
(A) for a copy of the defendant's driving record |
|
to be requested from the Department of Public Safety by the judge |
|
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
|
to the sum of the fee established by Section 521.048, |
|
Transportation Code, and the state electronic Internet portal fee; |
|
(B) as an administrative fee for requesting a |
|
driving safety course or a course under the motorcycle operator |
|
training and safety program for certain traffic offenses to cover |
|
the cost of administering the article (Art. 45.0511(f)(1), Code of |
|
Criminal Procedure) . . . not to exceed $10; or |
|
(C) for requesting a driving safety course or a |
|
course under the motorcycle operator training and safety program |
|
before the final disposition of the case (Art. 45.0511(f)(2), Code |
|
of Criminal Procedure) . . . not to exceed the maximum amount of the |
|
fine for the offense committed by the defendant; |
|
(16) a request fee for teen court program (Art. |
|
45.052, Code of Criminal Procedure) . . . $20, if the court |
|
ordering the fee is located in the Texas-Louisiana border region, |
|
but otherwise not to exceed $10; |
|
(17) a fee to cover costs of required duties of teen |
|
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
|
court ordering the fee is located in the Texas-Louisiana border |
|
region, but otherwise $10; |
|
(18) a mileage fee for officer performing certain |
|
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
|
mile; |
|
(19) certified mailing of notice of hearing date (Art. |
|
102.006, Code of Criminal Procedure) . . . $1, plus postage; |
|
(20) certified mailing of certified copies of an order |
|
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
|
plus postage; |
|
(20-a) a fee to defray the cost of notifying state |
|
agencies of orders of expungement (Art. 45.0216, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
[(20-b)
a fee to defray the cost of notifying state
|
|
agencies of orders of expunction (Art. 45.055, Code of Criminal
|
|
Procedure) .
.
. $30 per application;] |
|
(21) sight orders: |
|
(A) if the face amount of the check or sight order |
|
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $10; |
|
(B) if the face amount of the check or sight order |
|
is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $15; |
|
(C) if the face amount of the check or sight order |
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $30; |
|
(D) if the face amount of the check or sight order |
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $50; and |
|
(E) if the face amount of the check or sight order |
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $75; |
|
(22) fees for a pretrial intervention program: |
|
(A) a supervision fee (Art. 102.012(a), Code of |
|
Criminal Procedure) . . . $60 a month plus expenses; and |
|
(B) a district attorney, criminal district |
|
attorney, or county attorney administrative fee (Art. 102.0121, |
|
Code of Criminal Procedure) . . . not to exceed $500; |
|
(23) parking fee violations for child safety fund in |
|
municipalities with populations: |
|
(A) greater than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
|
(B) less than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not to exceed $5; |
|
(24) an administrative fee for collection of fines, |
|
fees, restitution, or other costs (Art. 102.072, Code of Criminal |
|
Procedure) . . . not to exceed $2 for each transaction; and |
|
(25) a collection fee, if authorized by the |
|
commissioners court of a county or the governing body of a |
|
municipality, for certain debts and accounts receivable, including |
|
unpaid fines, fees, court costs, forfeited bonds, and restitution |
|
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
|
percent of an amount more than 60 days past due. |
|
SECTION 28. The following laws are repealed: |
|
(1) Articles 45.054 and 45.055, Code of Criminal |
|
Procedure; |
|
(2) Section 25.094, Education Code; and |
|
(3) Sections 51.03(g), 51.08(e), and 54.021, Family |
|
Code. |
|
SECTION 29. The changes in law made by this Act apply only |
|
to an offense committed or conduct that occurs on or after the |
|
effective date of this Act. An offense committed or conduct that |
|
occurs before the effective date of this Act is governed by the law |
|
in effect on the date the offense was committed or the conduct |
|
occurred, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense is committed or |
|
conduct occurs before the effective date of this Act if any element |
|
of the offense or conduct occurs before the effective date. |
|
SECTION 30. To the extent of any conflict, this Act prevails |
|
over another Act of the 84th Legislature, Regular Session, 2015, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 31. This Act takes effect September 1, 2015. |