| 1 | 1 | | 81R2639 KKA-D |
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| 2 | 2 | | By: Guillen H.B. No. 767 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a requirement that justice and municipal courts obtain |
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| 8 | 8 | | evidence that certain minors are in compliance with mandatory |
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| 9 | 9 | | school attendance requirements. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 45.057, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by amending Subsection (b) and adding Subsections (b-1), |
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| 13 | 13 | | (b-2), and (b-3) to read as follows: |
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| 14 | 14 | | (b) Except as provided by Subsection (b-3), on [On] a |
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| 15 | 15 | | finding by a justice or municipal court that a child committed an |
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| 16 | 16 | | offense that the court has jurisdiction of under Article 4.11 or |
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| 17 | 17 | | 4.14, including a traffic offense, the court: |
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| 18 | 18 | | (1) shall enter an order under Subsection (b-1); and |
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| 19 | 19 | | (2) has jurisdiction to enter an order: |
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| 20 | 20 | | (A) [(1)] referring the child or the child's |
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| 21 | 21 | | parent for services under Section 264.302, Family Code; |
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| 22 | 22 | | (B) [(2)] requiring that the child attend a |
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| 23 | 23 | | special program that the court determines to be in the best interest |
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| 24 | 24 | | of the child and, if the program involves the expenditure of county |
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| 25 | 25 | | funds, that is approved by the county commissioners court, |
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| 26 | 26 | | including a rehabilitation, counseling, self-esteem and |
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| 27 | 27 | | leadership, work and job skills training, job interviewing and work |
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| 28 | 28 | | preparation, self-improvement, parenting, manners, violence |
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| 29 | 29 | | avoidance, tutoring, sensitivity training, parental |
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| 30 | 30 | | responsibility, community service, restitution, advocacy, or |
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| 31 | 31 | | mentoring program; or |
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| 32 | 32 | | (C) [(3)] requiring that the child's parent do |
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| 33 | 33 | | any act or refrain from doing any act that the court determines will |
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| 34 | 34 | | increase the likelihood that the child will comply with the orders |
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| 35 | 35 | | of the court and that is reasonable and necessary for the welfare of |
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| 36 | 36 | | the child, including: |
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| 37 | 37 | | (i) [(A)] attend a parenting class or |
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| 38 | 38 | | parental responsibility program; and |
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| 39 | 39 | | (ii) [(B)] attend the child's school |
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| 40 | 40 | | classes or functions. |
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| 41 | 41 | | (b-1) On a finding described by Subsection (b), the court |
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| 42 | 42 | | shall enter an order requiring the parent and child to provide the |
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| 43 | 43 | | court, by not later than the fifth day after the date of the order, |
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| 44 | 44 | | with evidence satisfactory to the court that the child is in |
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| 45 | 45 | | compliance with the compulsory school attendance requirements |
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| 46 | 46 | | prescribed by Section 25.085, Education Code, or is exempt from |
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| 47 | 47 | | those requirements under Section 25.086, Education Code. If the |
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| 48 | 48 | | court determines that the child is not in compliance with the |
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| 49 | 49 | | compulsory school attendance requirements and is not exempt from |
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| 50 | 50 | | those requirements, the court shall: |
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| 51 | 51 | | (1) include in the judgment an order for the parent and |
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| 52 | 52 | | child to comply with Section 25.085, Education Code, and provide |
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| 53 | 53 | | evidence satisfactory to the court that the child is in compliance |
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| 54 | 54 | | with that section; and |
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| 55 | 55 | | (2) if the child is at least 15 years of age, order the |
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| 56 | 56 | | Department of Public Safety to suspend the child's driver's license |
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| 57 | 57 | | or permit or, if the child does not have a license or permit, deny |
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| 58 | 58 | | the issuance of a license or permit to the child for a period |
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| 59 | 59 | | specified by the court not to exceed 365 days. |
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| 60 | 60 | | (b-2) For purposes of Subsection (b-1): |
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| 61 | 61 | | (1) a summary of a child's school attendance record |
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| 62 | 62 | | during the preceding six-month period signed by the school |
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| 63 | 63 | | principal may be provided as evidence of the child's compliance |
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| 64 | 64 | | with compulsory school attendance requirements; and |
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| 65 | 65 | | (2) written documentation indicating the basis on |
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| 66 | 66 | | which a child is exempt from compulsory school attendance |
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| 67 | 67 | | requirements may be provided to establish that the child is exempt. |
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| 68 | 68 | | (b-3) Subsections (b)(1) and (b-1) do not apply to a child |
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| 69 | 69 | | who commits an offense under Section 25.094, Education Code. |
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| 70 | 70 | | SECTION 2. The changes in law made by this Act to Article |
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| 71 | 71 | | 45.057, Code of Criminal Procedure, apply only to conduct that |
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| 72 | 72 | | occurs on or after the effective date of this Act. Conduct |
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| 73 | 73 | | violating the penal law of this state occurs on or after the |
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| 74 | 74 | | effective date of this Act if any element of the violation occurs on |
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| 75 | 75 | | or after that date. Conduct that occurs before the effective date |
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| 76 | 76 | | of this Act is governed by the law in effect at the time the conduct |
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| 77 | 77 | | occurred, and that law is continued in effect for that purpose. |
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| 78 | 78 | | SECTION 3. This Act takes effect September 1, 2009. |
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