83R7155 ADM-F
By: Whitmire, West S.B. No. 1114
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain misdemeanor offenses
committed by children and to school district law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 45.056(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) On approval of the commissioners court, city council,
school district board of trustees, juvenile board, or other
appropriate authority, a county court, justice court, municipal
court, school district, juvenile probation department, or other
appropriate governmental entity may[:
[(1)] employ a case manager or agree, in accordance
with Chapter 791, Government Code, to jointly employ a case manager
to provide services in cases involving juvenile offenders who are:
(1) before a court consistent with the court's
statutory powers; or
(2) referred to the case manager by a school
administrator or designee before a complaint is filed with a court
for a school offense, as defined by Section 37.141, Education Code,
that would otherwise be within the court's jurisdiction, if the
juvenile offender and the juvenile offender's parent or guardian
consent to the referral to the [agree in accordance with Chapter
791, Government Code, to jointly employ a] case manager.
(c) A county or justice court on approval of the
commissioners court or a municipality or municipal court on
approval of the city council may employ one or more juvenile case
managers to:
(1) assist the court in administering the court's
juvenile docket and in supervising its court orders in juvenile
cases; and
(2) provide intervention services, with the consent of
the juveniles and the juveniles' parents or guardians, to juveniles
considered at-risk of entering the juvenile justice system and
referred to the case manager by school administrators before cases
are filed with the court for alleged Class C misdemeanors, other
than traffic offenses.
SECTION 2. Section 25.0915, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) A court shall dismiss a complaint or referral made by a
school district under this section that is not made in compliance
with Subsection (b).
SECTION 3. Chapter 37, Education Code, is amended by adding
Subchapter E-1 to read as follows:
SUBCHAPTER E-1. PROGRESSIVE SANCTIONS FOR CERTAIN
MISDEMEANOR OFFENSES
Sec. 37.141. DEFINITIONS. In this subchapter:
(1) "Child" means a person who is:
(A) younger than 17 years of age; and
(B) not married, divorced, or widowed.
(2) "School offense" means an offense committed by a
child enrolled in a public school that is:
(A) a Class C misdemeanor, other than a traffic
offense, that is committed while the child is:
(i) on the grounds of the school in which
the child is enrolled; or
(ii) a passenger in a vehicle that is under
the control and jurisdiction of the school district that operates
the school in which the child is enrolled; or
(B) an offense under Section 25.094, 37.124, or
37.126.
Sec. 37.142. CONFLICT OF LAW. To the extent of any
conflict, this subchapter controls over any other law applied to a
school offense alleged to have been committed by a child.
Sec. 37.143. CITATION PROHIBITED; CUSTODY OF CHILD. (a) A
peace officer may not issue a citation to a child who is alleged to
have committed a school offense.
(b) This subchapter does not prohibit a child from being
taken into custody under Section 52.01, Family Code.
Sec. 37.144. PROGRESSIVE SANCTIONS. (a) Before filing a
complaint under Section 37.145 against a child alleging the
commission of a school offense, a school district employee shall
impose progressive sanctions on the child. Under the progressive
sanctions, the employee shall:
(1) issue a warning letter to the child and the child's
parent or guardian that specifically states the child's alleged
school offense and explains the consequences if the child engages
in additional misconduct; or
(2) impose a behavior contract on the child that must:
(A) be signed by the child, the child's parent or
guardian, and an employee of the school; and
(B) include:
(i) a specific description of the behavior
that is required or prohibited for the child;
(ii) the period for which the contract will
be effective, not to exceed 45 school days after the date the
contract becomes effective; and
(iii) the penalties for additional alleged
school offenses, including additional disciplinary action or the
filing of a complaint in a criminal court.
(b) In addition to the progressive sanctions imposed under
Subsection (a), the school may refer the child to services which may
include:
(1) school-based community service; and
(2) counseling, community-based services, or other
in-school or out-of-school services aimed at addressing the child's
behavioral problems.
(c) A referral made under Subsection (b) may include
participation by the child's parent or guardian if necessary.
Sec. 37.145. COMPLAINT. (a) If a child fails to comply
with or complete progressive sanctions under Section 37.144, the
school may file a complaint against the child with a criminal court
in accordance with Section 37.146.
(b) Notwithstanding Section 37.144(a), a school may file a
complaint alleging the commission of a school offense with a
criminal court in accordance with Section 37.146 against a child if
the school has imposed progressive sanctions on the child for three
or more previous school offenses committed during the same semester
as the current school offense.
Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint
alleging the commission of a school offense must, in addition to the
requirements imposed by Article 45.019, Code of Criminal Procedure:
(1) be sworn to by a person who has personal knowledge
of the underlying facts giving rise to probable cause to believe
that an offense has been committed; and
(2) be accompanied by a statement from a school
employee stating:
(A) whether the child is eligible for or receives
special services under Subchapter A, Chapter 29; and
(B) the progressive sanctions that were imposed
on the child before the complaint was filed.
(b) After a complaint has been filed under this subchapter,
a summons may be issued under Articles 23.04 and 45.057(e), Code of
Criminal Procedure.
SECTION 4. Section 37.081(f), Education Code, is amended to
read as follows:
(f) The chief of police of the school district police
department shall be accountable to the superintendent and shall
report to the superintendent [or the superintendent's designee].
School district police officers shall be supervised by the chief of
police of the school district or the chief of police's designee and
shall be licensed by the Commission on Law Enforcement Officer
Standards and Education.
SECTION 5. Section 8.07, Penal Code, is amended by adding
Subsections (d) and (e) to read as follows:
(d) Notwithstanding Subsection (a), a person may not be
prosecuted for or convicted of an offense described by Subsection
(a)(4) or (5) that the person committed when younger than 12 years
of age.
(e) A person who is at least 12 years of age but younger than
15 years of age is presumed incapable of committing an offense
described by Subsection (a)(4) or (5). This presumption may be
refuted if the prosecution proves to the court by a preponderance of
the evidence that the actor had sufficient capacity to understand
that the conduct engaged in was wrong at the time the conduct was
engaged in. The prosecution is not required to prove that the actor
at the time of engaging in the conduct knew that the act was a
criminal offense or knew the legal consequences of the offense.
SECTION 6. Section 42.01, Penal Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) For purposes of Subsection (a), the term "public
place" includes a public school campus or the school grounds on
which a public school is located.
SECTION 7. The changes in law made by this Act apply 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 covered
by the law in effect at the time the offense was committed, and the
former law is continued in effect for that purpose. For the
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 8. This Act takes effect September 1, 2013.