Texas 2015 - 84th Regular

Texas House Bill HB1359 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2791 ADM-D
2	2	By: Wu H.B. No. 1359
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures involving truancy and other fine-only
8	8	misdemeanors committed by children.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 45, Code of Criminal
11	11	Procedure, is amended by adding Article 45.02151 to read as
12	12	follows:
13	13	Art. 45.02151. INSTRUCTION TO MINOR BEFORE PLEA. (a) This
14	14	article applies to a defendant who is younger than 18 years of age.
15	15	(b) Before the court takes the defendant's plea, the court
16	16	shall inform the defendant of the potential consequences a criminal
17	17	record may have on the defendant, including an impact on the
18	18	defendant's:
19	19	(1) college applications;
20	20	(2) future military service; and
21	21	(3) employment prospects.
22	22	(c) The supreme court, after consultation with the court of
23	23	criminal appeals, shall develop language for the statement required
24	24	by Subsection (b).
25	25	SECTION 2. Article 45.054, Code of Criminal Procedure, is
26	26	amended by adding Subsection (a-3) to read as follows:
27	27	(a-3) A court having jurisdiction under this article shall
28	28	offer the defendant the option of deferring further proceedings in
29	29	accordance with Article 45.051 if the defendant has not previously:
30	30	(1) participated in a pretrial diversion program for
31	31	truancy;
32	32	(2) been convicted of an offense under Section 25.094,
33	33	Education Code; or
34	34	(3) been the subject of a dispositional order under
35	35	this article.
36	36	SECTION 3. Section 25.0915, Education Code, is amended by
37	37	amending Subsection (c) and adding Subsection (d) to read as
38	38	follows:
39	39	(c) A court shall dismiss a complaint or referral made by a
40	40	school district under this section that is not made in compliance
41	41	with Subsection (b), does not satisfy the elements required for the
42	42	offense, is not timely filed, or is otherwise defective. A
43	43	dismissal under this section must be made before a hearing of the
44	44	complaint or referral is scheduled and without requiring the
45	45	presence of the defendant.
46	46	(d) The agency shall adopt rules:
47	47	(1) creating minimum standards for truancy prevention
48	48	measures adopted by a school district under this section; and
49	49	(2) establishing a set of best practices for truancy
50	50	prevention measures.
51	51	SECTION 4. Section 25.0951(d), Education Code, is amended
52	52	to read as follows:
53	53	(d) A court shall dismiss a complaint or referral made by a
54	54	school district under this section that is not made in compliance
55	55	with this section, does not satisfy the elements required for the
56	56	offense, is not timely filed, or is otherwise defective. A
57	57	dismissal under this section must be made before a hearing of the
58	58	complaint or referral is scheduled and without requiring the
59	59	presence of the defendant.
60	60	SECTION 5. The changes in law made by this Act do not apply
61	61	to an offense committed under Section 25.094, Education Code,
62	62	before the effective date of this Act or to a criminal action
63	63	pending on the effective date of this Act for an offense under that
64	64	section. An offense committed before the effective date of this Act
65	65	or a criminal action pending on that date is governed by the law in
66	66	effect at the time the offense was committed, and the former law is
67	67	continued in effect for that purpose. For the purposes of this Act,
68	68	an offense is committed before the effective date of this Act if any
69	69	element of the offense was committed before that date.
70	70	SECTION 6. This Act takes effect September 1, 2015.