84R26798 ADM-D
By: Whitmire, et al. S.B. No. 108
(Thompson of Harris)
Substitute the following for S.B. No. 108: No.
A BILL TO BE ENTITLED
AN ACT
relating to certain criminal procedures for misdemeanor offenses
committed by children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.0216(h), Code of Criminal Procedure,
is amended to read as follows:
(h) Records of a person under 17 years of age relating to a
complaint [dismissed as provided by Article 45.051 or 45.052] may
be expunged under this article if:
(1) the complaint was dismissed under Article 45.051
or 45.052 or other law; or
(2) the person was acquitted of the offense.
SECTION 2. Section 45.052(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A justice or municipal court may defer proceedings
against a defendant who is under the age of 18 or enrolled full time
in an accredited secondary school in a program leading toward a high
school diploma for not more than 180 days if the defendant:
(1) is charged with an offense that the court has
jurisdiction of under Article 4.11 or 4.14[, Code of Criminal
Procedure];
(2) pleads nolo contendere or guilty to the offense in
open court with the defendant's parent, guardian, or managing
conservator present;
(3) presents to the court an oral or written request to
attend a teen court program or is recommended to attend the program
by a school employee under Section 37.146, Education Code; and
(4) has not successfully completed a teen court
program in the year [two years] preceding the date that the alleged
offense occurred.
SECTION 3. Article 45.058(g), Code of Criminal Procedure,
is amended to read as follows:
(g) Except as provided by Subsection (g-1) and Section
37.143(a), Education Code, a law enforcement officer may issue a
field release citation as provided by Article 14.06 in place of
taking a child into custody for a traffic offense or an offense
punishable by fine only.
SECTION 4. Section 37.141(1), Education Code, is amended to
read as follows:
(1) "Child" means a person who is:
(A) a student; and
(B) at least 10 years of age and younger than 18
years of age [has the meaning assigned by Article 45.058(h), Code of
Criminal Procedure, except that the person must also be a student].
SECTION 5. Section 37.143(a), Education Code, is amended to
read as follows:
(a) A peace officer, law enforcement officer, or school
resource officer may not issue a citation to a child who is alleged
to have committed a school offense.
SECTION 6. Section 37.146, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) A complaint under this subchapter may include a
recommendation by a school employee that the child attend a teen
court program under Article 45.052, Code of Criminal Procedure, if
the school employee believes attending a teen court program is in
the best interest of the child.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, the changes in law made by this Act apply 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 occurred before that date.
(b) The change in law made by this Act to Article
45.0216(h), Code of Criminal Procedure, applies to arrest records
and files created before, on, or after the effective date of this
Act.
SECTION 8. This Act takes effect September 1, 2015.