| 1 | 1 | | 84R7635 ADM-D |
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| 2 | 2 | | By: White of Tyler H.B. No. 1753 |
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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 dismissal of charges of failure to attend school or |
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| 8 | 8 | | parent contributing to nonattendance. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 45, Code of Criminal |
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| 11 | 11 | | Procedure, is amended by adding Article 45.0531 to read as follows: |
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| 12 | 12 | | Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO |
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| 13 | 13 | | NONATTENDANCE OR FAILURE TO ATTEND SCHOOL CHARGE. Notwithstanding |
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| 14 | 14 | | any other law, a county, justice, or municipal court, at the court's |
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| 15 | 15 | | discretion, may dismiss a charge against a defendant alleging the |
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| 16 | 16 | | defendant committed an offense under Section 25.093 or 25.094, |
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| 17 | 17 | | Education Code, if the court finds that a dismissal would be in the |
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| 18 | 18 | | interest of justice because: |
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| 19 | 19 | | (1) there is a low likelihood of recidivism by the |
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| 20 | 20 | | defendant; or |
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| 21 | 21 | | (2) sufficient justification exists for the failure to |
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| 22 | 22 | | attend school. |
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| 23 | 23 | | SECTION 2. Section 54.03, Family Code, is amended by adding |
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| 24 | 24 | | Subsection (g-1) to read as follows: |
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| 25 | 25 | | (g-1) If the child is alleged to have engaged in conduct |
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| 26 | 26 | | indicating a need for supervision under Section 51.03(b)(2), the |
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| 27 | 27 | | court, at the court's discretion, may dismiss the case with |
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| 28 | 28 | | prejudice if the court finds that a dismissal would be in the |
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| 29 | 29 | | interest of justice because: |
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| 30 | 30 | | (1) there is a low likelihood of recidivism by the |
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| 31 | 31 | | defendant; or |
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| 32 | 32 | | (2) sufficient justification exists for the failure to |
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| 33 | 33 | | attend school. |
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| 34 | 34 | | SECTION 3. (a) Article 45.0531, Code of Criminal |
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| 35 | 35 | | Procedure, as added by this Act, applies only to an offense |
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| 36 | 36 | | committed on or after the effective date of this Act. An offense |
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| 37 | 37 | | committed before the effective date of this Act is governed by the |
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| 38 | 38 | | law in effect on the date the offense was committed, and the former |
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| 39 | 39 | | law is continued in effect for that purpose. For purposes of this |
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| 40 | 40 | | section, an offense was committed before the effective date of this |
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| 41 | 41 | | Act if any element of the offense was committed before that date. |
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| 42 | 42 | | (b) Section 54.03(g-1), Family Code, as added by this Act, |
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| 43 | 43 | | applies only to conduct that occurs on or after the effective date |
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| 44 | 44 | | of this Act. Conduct that occurs before the effective date of this |
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| 45 | 45 | | Act is governed by the law in effect at the time the conduct |
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| 46 | 46 | | occurred, and the former law is continued in effect for that |
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| 47 | 47 | | purpose. For the purposes of this section, conduct occurs before |
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| 48 | 48 | | the effective date of this Act if any element of the conduct |
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| 49 | 49 | | occurred before that date. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2015. |
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