| 1 | 1 | | 86R12663 ADM-D |
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| 2 | 2 | | By: Dutton H.B. No. 2382 |
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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 classification of certain conduct by juveniles |
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| 8 | 8 | | constituting the offense of evading detention. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 51.03(b), Family Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) Conduct indicating a need for supervision is: |
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| 13 | 13 | | (1) subject to Subsection (f), conduct, other than a |
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| 14 | 14 | | traffic offense, that violates: |
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| 15 | 15 | | (A) the penal laws of this state of the grade of |
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| 16 | 16 | | misdemeanor that are punishable by fine only; or |
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| 17 | 17 | | (B) the penal ordinances of any political |
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| 18 | 18 | | subdivision of this state; |
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| 19 | 19 | | (2) the voluntary absence of a child from the child's |
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| 20 | 20 | | home without the consent of the child's parent or guardian for a |
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| 21 | 21 | | substantial length of time or without intent to return; |
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| 22 | 22 | | (3) conduct prohibited by city ordinance or by state |
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| 23 | 23 | | law involving the inhalation of the fumes or vapors of paint and |
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| 24 | 24 | | other protective coatings or glue and other adhesives and the |
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| 25 | 25 | | volatile chemicals itemized in Section 485.001, Health and Safety |
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| 26 | 26 | | Code; |
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| 27 | 27 | | (4) an act that violates a school district's |
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| 28 | 28 | | previously communicated written standards of student conduct for |
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| 29 | 29 | | which the child has been expelled under Section 37.007(c), |
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| 30 | 30 | | Education Code; |
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| 31 | 31 | | (5) notwithstanding Subsection (a)(1), conduct |
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| 32 | 32 | | described by Section 43.02(a) or (b), Penal Code; [or] |
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| 33 | 33 | | (6) notwithstanding Subsection (a)(1), conduct that |
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| 34 | 34 | | violates Section 43.261, Penal Code; or |
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| 35 | 35 | | (7) notwithstanding Subsection (a)(1), conduct |
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| 36 | 36 | | described by Section 38.04, Penal Code, that: |
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| 37 | 37 | | (A) is punishable as a Class A misdemeanor under |
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| 38 | 38 | | that section; and |
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| 39 | 39 | | (B) only consists of intentionally fleeing a |
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| 40 | 40 | | person the child knows is a peace officer or federal special |
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| 41 | 41 | | investigator attempting lawfully to detain the child. |
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| 42 | 42 | | SECTION 2. This Act applies only to conduct that occurs on |
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| 43 | 43 | | or after the effective date of this Act. Conduct that occurs before |
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| 44 | 44 | | the effective date of this Act is governed by the law in effect on |
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| 45 | 45 | | the date the conduct occurred, and the former law is continued in |
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| 46 | 46 | | effect for that purpose. For the purposes of this section, conduct |
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| 47 | 47 | | occurred before the effective date of this Act if any element of the |
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| 48 | 48 | | conduct occurred before that date. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2019. |
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