86R4596 KJE-D
By: Burns H.B. No. 2061
A BILL TO BE ENTITLED
AN ACT
relating to the authority to issue an arrest warrant or citation for
certain Class C misdemeanors committed by certain children on
school property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.085, Education Code, is amended to
read as follows:
Sec. 37.085. ARRESTS [PROHIBITED] FOR CERTAIN CLASS C
MISDEMEANORS. (a) Except as provided by Subsection (b) and
notwithstanding [Notwithstanding] any other provision of law, a
warrant may not be issued for the arrest of a person for a Class C
misdemeanor under this code committed when the person was younger
than 17 years of age.
(b) A warrant may be issued for the arrest of a person for a
Class C misdemeanor under this code committed while the person was
in a disciplinary alternative education program.
SECTION 2. The heading to Section 37.143, Education Code,
is amended to read as follows:
Sec. 37.143. ISSUANCE OF CITATION [PROHIBITED]; CUSTODY OF
CHILD.
SECTION 3. 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 unless the child is alleged to
have committed the offense while the child was in a disciplinary
alternative education program.
SECTION 4. Section 37.145, Education Code, is amended to
read as follows:
Sec. 37.145. CITATION OR COMPLAINT. If a child is alleged
to have committed a school offense:
(1) a peace officer, law enforcement officer, or
school resource officer may issue a citation to the child, if the
issuance of a citation is authorized under Section 37.143; or
(2) [If a child fails to comply with or complete
graduated sanctions under Section 37.144, or if the school district
has not elected to adopt a system of graduated sanctions under that
section,] the school may file a complaint against the child with a
criminal court in accordance with Section 37.146, if the child
fails to comply with or complete graduated sanctions under Section
37.144 or if the school district has not elected to adopt a system
of graduated sanctions under that section.
SECTION 5. The change in law made 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 occurred
before that date.
SECTION 6. This Act takes effect September 1, 2019.