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

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-Comm_Sub.html

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82R26932 SJM-D
By: Whitmire, et al. S.B. No. 1489
(Madden)
Substitute the following for S.B. No. 1489: No.

A BILL TO BE ENTITLED
AN ACT
relating to educational, juvenile justice, and criminal justice
responses to truancy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 does not apply [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 2. Section 25.094(a), Education Code, is amended to
read as follows:
(a) An individual commits an offense if the individual:
(1) is 12 years of age or older and younger than 18
years of age;
(2) is required to attend school under Section 25.085;
and
(3) [(2)] fails to attend 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.
SECTION 3. Section 51.03, Family Code, is amended by adding
Subsection (e-1) to read as follows:
(e-1) Notwithstanding any other law, for purposes of
conduct described by Subsection (b)(2), "child" means a person who
is:
(1) 10 years of age or older;
(2) alleged or found to have engaged in the conduct as
a result of acts committed before becoming 18 years of age; and
(3) required to attend school under Section 25.085,
Education Code.
SECTION 4. Sections 54.021(a) and (b), Family Code, are
amended to read as follows:
(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 12 years of age or
older and 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) in a case where:
(1) the person is 12 years of age or older;
(2) the juvenile court has waived its original
jurisdiction under this section; and
(3) [(2)] a complaint is filed by the appropriate
authority in the county, justice, or municipal court charging an
offense under Section 25.094, Education Code.
SECTION 5. Chapter 54, Family Code, is amended by adding
Section 54.0402 to read as follows:
Sec. 54.0402. DISPOSITIONAL ORDER FOR FAILURE TO ATTEND
SCHOOL. A dispositional order regarding conduct under Section
51.03(b)(2) 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.
SECTION 6. Section 54.05, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), any [Any]
disposition, except a commitment to the Texas Youth Commission, may
be modified by the juvenile court as provided in this section until:
(1) the child reaches his 18th birthday; or
(2) the child is earlier discharged by the court or
operation of law.
(a-1) A disposition regarding conduct under Section
51.03(b)(2) may be modified by the juvenile court as provided by
this section until the expiration of the period described by
Section 54.0402.
(b) Except for a commitment to the Texas Youth Commission or
a disposition under Section 54.0402, all dispositions
automatically terminate when the child reaches his 18th birthday.
SECTION 7. Article 45.054, Code of Criminal Procedure, is
amended by adding Subsections (i) and (j) to read as follows:
(i) A county, justice, or municipal court shall dismiss the
complaint against an individual alleging that the individual
committed an offense under Section 25.094, Education Code, if:
(1) the court finds that the individual has
successfully complied with the conditions imposed on the individual
by the court under this article; 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 article if the court
finds that payment of the fee or court cost would cause financial
hardship.
SECTION 8. Article 45.055, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) Except as provided by Subsection (e), an [An] individual
convicted of not more than one violation of Section 25.094,
Education Code, may, on or after the individual's 18th birthday,
apply to the court in which the individual was convicted to have the
conviction and records relating to the conviction expunged.
(e) A court shall expunge an individual's conviction under
Section 25.094, Education Code, and records relating to a
conviction, regardless of whether the individual has previously
been convicted of an offense under that section, if:
(1) the court finds that the individual has
successfully complied with the conditions imposed on the individual
by the court under Article 45.054; or
(2) before the individual's 21st birthday, the
individual presents to the court proof that the individual has
obtained a high school diploma or a high school equivalency
certificate.
SECTION 9. Articles 102.0174(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) The governing body of a municipality by ordinance may
create a juvenile case manager fund and may require a defendant
convicted of a fine-only misdemeanor offense in a municipal court
to pay a juvenile case manager fee not to exceed $5 as a cost of
court if the municipal court employs a juvenile case manager. A
municipal court that does not employ a juvenile case manager may not
collect a fee under this subsection.
(c) The commissioners court of a county by order may create
a juvenile case manager fund and may require a defendant convicted
of a fine-only misdemeanor offense in a justice court, county
court, or county court at law to pay a juvenile case manager fee not
to exceed $5 as a cost of court if the court employs a juvenile case
manager. A justice court, county court, or county court at law that
does not employ a juvenile case manager may not collect a fee under
this subsection.
SECTION 10. 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 [a] student to a juvenile
court or filing a complaint against the [a] 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 [and]
(ii) [(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) 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 [a] student to a juvenile
court or filing a complaint against the [a] 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) [(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 11. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.0915 to read as follows:
Sec. 25.0915. TRUANCY PREVENTION MEASURES; REFERRAL AND
FILING REQUIREMENT. (a) A school district shall adopt truancy
prevention measures designed to:
(1) address student conduct related to truancy in the
school setting;
(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 12. Section 102.061, Government Code, as amended by
Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B. 3637),
Acts of the 81st Legislature, Regular Session, 2009, is reenacted
and amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court
(Art. 102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee
(Art. 102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $3;
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50; [and]
(7) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the court employs a
juvenile case manager; and
(8) [(7)] a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SECTION 13. Section 102.081, Government Code, as amended by
Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B. 3637),
Acts of the 81st Legislature, Regular Session, 2009, is reenacted
and amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services
(Art. 102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee
(Art. 102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $3;
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50; [and]
(7) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the court employs a
juvenile case manager; and
(8) [(7)] a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SECTION 14. Section 102.101, Government Code, is amended to
read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $4;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the court employs a
juvenile case manager;
(7) a fee on conviction of certain offenses involving
issuing or passing a subsequently dishonored check (Art. 102.0071,
Code of Criminal Procedure) . . . not to exceed $30;
(8) a court cost on conviction of a Class C misdemeanor
in a county with a population of 3.3 million or more, if authorized
by the county commissioners court (Art. 102.009, Code of Criminal
Procedure) . . . not to exceed $7; and
(9) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SECTION 15. Section 102.121, Government Code, is amended to
read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
municipal court shall collect fees and costs on conviction of a
defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the court employs a
juvenile case manager; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SECTION 16. Subsection (e), Article 45.056, Code of
Criminal Procedure, is repealed.
SECTION 17. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed 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 occurs before that date.
SECTION 18. To the extent of any conflict, this Act prevails
over another Act of the 82nd Legislature, Regular Session, 2011,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 19. This Act takes effect September 1, 2011.