84R2791 ADM-D
By: Lucio S.B. No. 560
A BILL TO BE ENTITLED
AN ACT
relating to procedures involving truancy and other fine-only
misdemeanors committed by children.
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 45.02151 to read as
follows:
Art. 45.02151. INSTRUCTION TO MINOR BEFORE PLEA. (a) This
article applies to a defendant who is younger than 18 years of age.
(b) Before the court takes the defendant's plea, the court
shall inform the defendant of the potential consequences a criminal
record may have on the defendant, including an impact on the
defendant's:
(1) college applications;
(2) future military service; and
(3) employment prospects.
(c) The supreme court, after consultation with the court of
criminal appeals, shall develop language for the statement required
by Subsection (b).
SECTION 2. Article 45.054, Code of Criminal Procedure, is
amended by adding Subsection (a-3) to read as follows:
(a-3) A court having jurisdiction under this article shall
offer the defendant the option of deferring further proceedings in
accordance with Article 45.051 if the defendant has not previously:
(1) participated in a pretrial diversion program for
truancy;
(2) been convicted of an offense under Section 25.094,
Education Code; or
(3) been the subject of a dispositional order under
this article.
SECTION 3. Section 25.0915, Education Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) A court shall dismiss a complaint or referral made by a
school district under this section that is not made in compliance
with Subsection (b), does not satisfy the elements required for the
offense, is not timely filed, or is otherwise defective. A
dismissal under this section must be made before a hearing of the
complaint or referral is scheduled and without requiring the
presence of the defendant.
(d) The agency shall adopt rules:
(1) creating minimum standards for truancy prevention
measures adopted by a school district under this section; and
(2) establishing a set of best practices for truancy
prevention measures.
SECTION 4. Section 25.0951(d), Education Code, is amended
to read as follows:
(d) A court shall dismiss a complaint or referral made by a
school district under this section that is not made in compliance
with this section, does not satisfy the elements required for the
offense, is not timely filed, or is otherwise defective. A
dismissal under this section must be made before a hearing of the
complaint or referral is scheduled and without requiring the
presence of the defendant.
SECTION 5. The changes in law made by this Act do not apply
to an offense committed under Section 25.094, Education Code,
before the effective date of this Act or to a criminal action
pending on the effective date of this Act for an offense under that
section. An offense committed before the effective date of this Act
or a criminal action pending on that date is governed by the law in
effect at the time the offense was committed, and the former law is
continued in effect for that purpose. For the purposes of this Act,
an offense is committed before the effective date of this Act if any
element of the offense was committed before that date.
SECTION 6. This Act takes effect September 1, 2015.