Texas 2015 - 84th Regular

Texas Senate Bill SB108 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R26798 ADM-D
2		-	By: Whitmire, et al. S.B. No. 108
3		-	(Thompson of Harris)
4		-	Substitute the following for S.B. No. 108: No.
	1	+	S.B. No. 108
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to certain criminal procedures for misdemeanor offenses
10	6		committed by children.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Article 45.0216(h), Code of Criminal Procedure,
13	9		is amended to read as follows:
14	10		(h) Records of a person under 17 years of age relating to a
15	11		complaint [dismissed as provided by Article 45.051 or 45.052] may
16	12		be expunged under this article if:
17	13		(1) the complaint was dismissed under Article 45.051
18	14		or 45.052 or other law; or
19	15		(2) the person was acquitted of the offense.
20	16		SECTION 2. Section 45.052(a), Code of Criminal Procedure,
21	17		is amended to read as follows:
22	18		(a) A justice or municipal court may defer proceedings
23	19		against a defendant who is under the age of 18 or enrolled full time
24	20		in an accredited secondary school in a program leading toward a high
25	21		school diploma for not more than 180 days if the defendant:
26	22		(1) is charged with an offense that the court has
27	23		jurisdiction of under Article 4.11 or 4.14[, Code of Criminal
28	24		Procedure];
29	25		(2) pleads nolo contendere or guilty to the offense in
30	26		open court with the defendant's parent, guardian, or managing
31	27		conservator present;
32	28		(3) presents to the court an oral or written request to
33	29		attend a teen court program or is recommended to attend the program
34	30		by a school employee under Section 37.146, Education Code; and
35	31		(4) has not successfully completed a teen court
36	32		program in the year [two years] preceding the date that the alleged
37	33		offense occurred.
38	34		SECTION 3. Article 45.058(g), Code of Criminal Procedure,
39	35		is amended to read as follows:
40	36		(g) Except as provided by Subsection (g-1) and Section
41	37		37.143(a), Education Code, a law enforcement officer may issue a
42	38		field release citation as provided by Article 14.06 in place of
43	39		taking a child into custody for a traffic offense or an offense
44	40		punishable by fine only.
45	41		SECTION 4. Section 37.141(1), Education Code, is amended to
46	42		read as follows:
47	43		(1) "Child" means a person who is:
48	44		(A) a student; and
49	45		(B) at least 10 years of age and younger than 18
50	46		years of age [has the meaning assigned by Article 45.058(h), Code of
51	47		Criminal Procedure, except that the person must also be a student].
52	48		SECTION 5. Section 37.143(a), Education Code, is amended to
53	49		read as follows:
54	50		(a) A peace officer, law enforcement officer, or school
55	51		resource officer may not issue a citation to a child who is alleged
56	52		to have committed a school offense.
57	53		SECTION 6. Section 37.146, Education Code, is amended by
58	54		adding Subsection (c) to read as follows:
59	55		(c) A complaint under this subchapter may include a
60	56		recommendation by a school employee that the child attend a teen
61	57		court program under Article 45.052, Code of Criminal Procedure, if
62	58		the school employee believes attending a teen court program is in
63	59		the best interest of the child.
64	60		SECTION 7. (a) Except as provided by Subsection (b) of this
65	61		section, the changes in law made by this Act apply only to an
66	62		offense committed on or after the effective date of this Act. An
67	63		offense committed before the effective date of this Act is governed
68	64		by the law in effect on the date the offense was committed, and the
69	65		former law is continued in effect for that purpose. For purposes of
70	66		this section, an offense was committed before the effective date of
71	67		this Act if any element of the offense occurred before that date.
72	68		(b) The change in law made by this Act to Article
73	69		45.0216(h), Code of Criminal Procedure, applies to arrest records
74	70		and files created before, on, or after the effective date of this
75	71		Act.
76	72		SECTION 8. This Act takes effect September 1, 2015.
	73	+	______________________________ ______________________________
	74	+	President of the Senate Speaker of the House
	75	+	I hereby certify that S.B. No. 108 passed the Senate on
	76	+	April 1, 2015, by the following vote: Yeas 30, Nays 0; and that
	77	+	the Senate concurred in House amendment on May 30, 2015, by the
	78	+	following vote: Yeas 31, Nays 0.
	79	+	______________________________
	80	+	Secretary of the Senate
	81	+	I hereby certify that S.B. No. 108 passed the House, with
	82	+	amendment, on May 27, 2015, by the following vote: Yeas 141,
	83	+	Nays 3, two present not voting.
	84	+	______________________________
	85	+	Chief Clerk of the House
	86	+	Approved:
	87	+	______________________________
	88	+	Date
	89	+	______________________________
	90	+	Governor