Texas House Bill HB1359

Texas 2015 - 84th Regular

Caption

Relating to procedures involving truancy and other fine-only misdemeanors committed by children.

Impact

The bill proposes several key changes to the Texas Code of Criminal Procedure and the Education Code. It introduces options for defendants to defer proceedings under specific conditions, thereby allowing for a more lenient approach to first-time offenders or those who have not previously engaged in pretrial diversion programs. Such changes are designed to reduce the impact of minor legal infractions on the lives of children, promoting rehabilitation instead of punishment.

Summary

House Bill 1359 focuses on the legal procedures surrounding truancy and other fine-only misdemeanors committed by minors. It aims to amend existing laws to introduce new requirements for courts when dealing with defendants under 18 years of age. Importantly, before accepting a plea from such defendants, the court must inform them about the potential repercussions of having a criminal record, which can affect their college applications, military service, and employment opportunities. This provision emphasizes the need for youth to understand the long-term implications of their legal decisions.

Contention

A notable point of contention regarding HB1359 is its approach to the dismissal of complaints and referrals made by school districts. The bill mandates that courts must dismiss improperly filed complaints that do not meet specific criteria before a hearing takes place, which advocates argue could protect students from unnecessarily facing legal challenges for minor infractions. However, some opponents may raise concerns that such dismissals could undermine accountability within schools and fail to address root causes of truancy adequately.