84R7635 ADM-D
By: White of Tyler H.B. No. 1753
A BILL TO BE ENTITLED
AN ACT
relating to dismissal of charges of failure to attend school or
parent contributing to nonattendance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0531 to read as follows:
Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO
NONATTENDANCE OR FAILURE TO ATTEND SCHOOL CHARGE. Notwithstanding
any other law, a county, justice, or municipal court, at the court's
discretion, may dismiss a charge against a defendant alleging the
defendant committed an offense under Section 25.093 or 25.094,
Education Code, if the court finds that a dismissal would be in the
interest of justice because:
(1) there is a low likelihood of recidivism by the
defendant; or
(2) sufficient justification exists for the failure to
attend school.
SECTION 2. Section 54.03, Family Code, is amended by adding
Subsection (g-1) to read as follows:
(g-1) If the child is alleged to have engaged in conduct
indicating a need for supervision under Section 51.03(b)(2), the
court, at the court's discretion, may dismiss the case with
prejudice if the court finds that a dismissal would be in the
interest of justice because:
(1) there is a low likelihood of recidivism by the
defendant; or
(2) sufficient justification exists for the failure to
attend school.
SECTION 3. (a) Article 45.0531, Code of Criminal
Procedure, as added by this Act, applies 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 governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
(b) Section 54.03(g-1), Family Code, as added by this Act,
applies only to conduct that occurs on or after the effective date
of this Act. Conduct that occurs before the effective date of this
Act is governed by the law in effect at the time the conduct
occurred, and the former law is continued in effect for that
purpose. For the purposes of this section, conduct occurs before
the effective date of this Act if any element of the conduct
occurred before that date.
SECTION 4. This Act takes effect September 1, 2015.