| 1 | 1 | | 86R4596 KJE-D |
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| 2 | 2 | | By: Burns H.B. No. 2061 |
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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 the authority to issue an arrest warrant or citation for |
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| 8 | 8 | | certain Class C misdemeanors committed by certain children on |
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| 9 | 9 | | school property. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 37.085, Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 37.085. ARRESTS [PROHIBITED] FOR CERTAIN CLASS C |
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| 14 | 14 | | MISDEMEANORS. (a) Except as provided by Subsection (b) and |
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| 15 | 15 | | notwithstanding [Notwithstanding] any other provision of law, a |
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| 16 | 16 | | warrant may not be issued for the arrest of a person for a Class C |
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| 17 | 17 | | misdemeanor under this code committed when the person was younger |
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| 18 | 18 | | than 17 years of age. |
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| 19 | 19 | | (b) A warrant may be issued for the arrest of a person for a |
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| 20 | 20 | | Class C misdemeanor under this code committed while the person was |
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| 21 | 21 | | in a disciplinary alternative education program. |
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| 22 | 22 | | SECTION 2. The heading to Section 37.143, Education Code, |
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| 23 | 23 | | is amended to read as follows: |
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| 24 | 24 | | Sec. 37.143. ISSUANCE OF CITATION [PROHIBITED]; CUSTODY OF |
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| 25 | 25 | | CHILD. |
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| 26 | 26 | | SECTION 3. Section 37.143(a), Education Code, is amended to |
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| 27 | 27 | | read as follows: |
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| 28 | 28 | | (a) A peace officer, law enforcement officer, or school |
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| 29 | 29 | | resource officer may not issue a citation to a child who is alleged |
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| 30 | 30 | | to have committed a school offense unless the child is alleged to |
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| 31 | 31 | | have committed the offense while the child was in a disciplinary |
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| 32 | 32 | | alternative education program. |
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| 33 | 33 | | SECTION 4. Section 37.145, Education Code, is amended to |
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| 34 | 34 | | read as follows: |
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| 35 | 35 | | Sec. 37.145. CITATION OR COMPLAINT. If a child is alleged |
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| 36 | 36 | | to have committed a school offense: |
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| 37 | 37 | | (1) a peace officer, law enforcement officer, or |
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| 38 | 38 | | school resource officer may issue a citation to the child, if the |
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| 39 | 39 | | issuance of a citation is authorized under Section 37.143; or |
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| 40 | 40 | | (2) [If a child fails to comply with or complete |
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| 41 | 41 | | graduated sanctions under Section 37.144, or if the school district |
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| 42 | 42 | | has not elected to adopt a system of graduated sanctions under that |
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| 43 | 43 | | section,] the school may file a complaint against the child with a |
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| 44 | 44 | | criminal court in accordance with Section 37.146, if the child |
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| 45 | 45 | | fails to comply with or complete graduated sanctions under Section |
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| 46 | 46 | | 37.144 or if the school district has not elected to adopt a system |
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| 47 | 47 | | of graduated sanctions under that section. |
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| 48 | 48 | | SECTION 5. The change in law made by this Act applies only |
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| 49 | 49 | | to an offense committed on or after the effective date of this Act. |
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| 50 | 50 | | An offense committed before the effective date of this Act is |
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| 51 | 51 | | governed by the law in effect on the date the offense was committed, |
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| 52 | 52 | | and the former law is continued in effect for that purpose. For |
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| 53 | 53 | | purposes of this section, an offense was committed before the |
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| 54 | 54 | | effective date of this Act if any element of the offense occurred |
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| 55 | 55 | | before that date. |
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| 56 | 56 | | SECTION 6. This Act takes effect September 1, 2019. |
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