Texas 2025 - 89th Regular

Texas House Bill HB4846 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13810 MCF-D
2	2	By: Hopper H.B. No. 4846
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the criminal procedures related to children who commit
10	10	certain Class C misdemeanors.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42.15(b), Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	(b) Subject to Subsection [Subsections] (c) [and (d)] and
15	15	Article 43.091, when imposing a fine and costs, a court may direct a
16	16	defendant:
17	17	(1) to pay the entire fine and costs when sentence is
18	18	pronounced;
19	19	(2) to pay the entire fine and costs at some later
20	20	date; or
21	21	(3) to pay a specified portion of the fine and costs at
22	22	designated intervals.
23	23	SECTION 2. The heading to Article 43.091, Code of Criminal
24	24	Procedure, is amended to read as follows:
25	25	Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
26	26	CERTAIN DEFENDANTS [AND FOR CHILDREN].
27	27	SECTION 3. Article 43.091(a), Code of Criminal Procedure,
28	28	is amended to read as follows:
29	29	(a) A court may waive payment of all or part of a fine
30	30	imposed on a defendant if the court determines that:
31	31	(1) the defendant is indigent or does not have
32	32	sufficient resources or income to pay all or part of the fine [or
33	33	was, at the time the offense was committed, a child as defined by
34	34	Article 45A.453(a)]; and
35	35	(2) each alternative method of discharging the fine
36	36	under Article 43.09 or 42.15 would impose an undue hardship on the
37	37	defendant.
38	38	SECTION 4. Article 45.305(b), Code of Criminal Procedure,
39	39	is amended to read as follows:
40	40	(b) A diversion strategy may be imposed under:
41	41	(1) an intermediate diversion under Article 45.309; or
42	42	(2) a diversion by a justice or judge under Article
43	43	45.310[; or
44	44	[(3) a system of graduated sanctions for certain
45	45	school offenses under Section 37.144, Education Code].
46	46	SECTION 5. Article 45A.251(b), Code of Criminal Procedure,
47	47	is amended to read as follows:
48	48	(b) Subject to Article [Articles] 45A.253(a) [and (b)] and
49	49	Article 45A.257, the justice or judge may direct the defendant:
50	50	(1) to pay:
51	51	(A) the entire fine and costs when the sentence
52	52	is pronounced;
53	53	(B) the entire fine and costs at a later date; or
54	54	(C) a specified portion of the fine and costs at
55	55	designated intervals;
56	56	(2) if applicable, to make restitution to a victim of
57	57	the offense; and
58	58	(3) to satisfy any other sanction authorized by law.
59	59	SECTION 6. Article 45A.257(a), Code of Criminal Procedure,
60	60	is amended to read as follows:
61	61	(a) A municipal court, regardless of whether the court is a
62	62	court of record, or a justice court may waive payment of all or part
63	63	of a fine imposed on a defendant if the court determines that:
64	64	(1) the defendant [:
65	65	[(A)] is indigent or does not have sufficient
66	66	resources or income to pay all or part of the fine; [or
67	67	[(B) was, at the time the offense was committed,
68	68	a child as defined by Article 45A.453(a);] and
69	69	(2) discharging the fine under Article 45A.254 [or as
70	70	otherwise authorized by this chapter] would impose an undue
71	71	hardship on the defendant.
72	72	SECTION 7. Article 45A.401(b), Code of Criminal Procedure,
73	73	is amended to read as follows:
74	74	(b) A justice or municipal court may defer proceedings
75	75	against a defendant described by Subsection (a) for a period not to
76	76	exceed 180 days if the defendant:
77	77	(1) is charged with an offense that the court has
78	78	jurisdiction of under Article 4.11 or 4.14;
79	79	(2) with the defendant's parent, guardian, or managing
80	80	conservator present, pleads nolo contendere or guilty to the
81	81	offense in open court;
82	82	(3) presents to the court an oral or written request to
83	83	attend a teen court program [or is recommended to attend the program
84	84	by a school employee under Section 37.146, Education Code]; and
85	85	(4) has not successfully completed a teen court
86	86	program in the year preceding the date that the alleged offense
87	87	occurred.
88	88	SECTION 8. (a) This section takes effect only if the Act of
89	89	the 89th Legislature, Regular Session, 2025, relating to
90	90	nonsubstantive additions to and corrections in enacted codes
91	91	becomes law.
92	92	(b) Article 45A.451(a), Code of Criminal Procedure, is
93	93	amended to conform to Chapter 525 (H.B. 3186), Acts of the 88th
94	94	Legislature, Regular Session, 2023, and further amended to read as
95	95	follows:
96	96	(a) On approval of the commissioners court, governing body
97	97	of a municipality, school district board of trustees, juvenile
98	98	board, or other appropriate authority, a county court, justice
99	99	court, municipal court, school district, juvenile probation
100	100	department, or other appropriate governmental entity may:
101	101	(1) employ a juvenile case manager or contract for a
102	102	juvenile case manager to provide services [:
103	103	[(A)] in cases involving:
104	104	(A) youth diversion under Subchapter K; or
105	105	(B) children [juvenile offenders who are] before
106	106	a court consistent with the court's statutory powers; [or
107	107	[(B) to a juvenile who is referred to a court by a
108	108	school administrator or designee for misconduct that would
109	109	otherwise be within the court's statutory powers before a case is
110	110	filed, with the consent of the juvenile and the juvenile's parents
111	111	or guardians;]
112	112	(2) employ or contract for the services of one or more
113	113	juvenile case managers who:
114	114	(A) shall assist the court in administering the
115	115	court's juvenile docket and in supervising the court's orders in
116	116	juvenile cases; and
117	117	(B) may provide youth diversion [:
118	118	[(i) prevention services to a child
119	119	considered at risk of entering the juvenile justice system; and
120	120	[(ii) intervention] services to a child
121	121	[juvenile] engaged in misconduct, excluding traffic offenses, if a
122	122	case has not yet been filed with respect to the misconduct; or
123	123	(3) agree in accordance with Chapter 791, Government
124	124	Code, with any appropriate governmental entity to jointly employ a
125	125	juvenile case manager, jointly contract for juvenile case manager
126	126	services, or [to] jointly contribute to the costs of a juvenile case
127	127	manager or juvenile case manager [employed by one governmental
128	128	entity to provide] services described by Subdivisions (1) and (2).
129	129	SECTION 9. (a) This section takes effect only if the Act of
130	130	the 89th Legislature, Regular Session, 2025, relating to
131	131	nonsubstantive additions to and corrections in enacted codes does
132	132	not become law.
133	133	(b) Articles 45A.451(a) and (d), Code of Criminal
134	134	Procedure, are amended to read as follows:
135	135	(a) On approval of the commissioners court, governing body
136	136	of a municipality, school district board of trustees, juvenile
137	137	board, or other appropriate authority, a county court, justice
138	138	court, municipal court, school district, juvenile probation
139	139	department, or other appropriate governmental entity may:
140	140	(1) employ a case manager to provide services [:
141	141	[(A)] in cases involving juvenile offenders [who
142	142	are] before a court consistent with the court's statutory powers;
143	143	or
144	144	[(B) to a juvenile who is referred to a court by a
145	145	school administrator or designee for misconduct that would
146	146	otherwise be within the court's statutory powers before a case is
147	147	filed, with the consent of the juvenile and the juvenile's parents
148	148	or guardians;]
149	149	(2) [employ one or more juvenile case managers who:
150	150	[(A) shall assist the court in administering the
151	151	court's juvenile docket and in supervising the court's orders in
152	152	juvenile cases; and
153	153	[(B) may provide:
154	154	[(i) prevention services to a child
155	155	considered at risk of entering the juvenile justice system; and
156	156	[(ii) intervention services to a juvenile
157	157	engaged in misconduct, excluding traffic offenses, if a case has
158	158	not yet been filed with respect to the misconduct; or
159	159	[(3)] agree in accordance with Chapter 791, Government
160	160	Code, with any appropriate governmental entity to jointly employ a
161	161	case manager or to jointly contribute to the costs of a case manager
162	162	employed by one governmental entity to provide services described
163	163	by Subdivision [Subdivisions] (1) [and (2)].
164	164	(d) An entity that jointly employs a case manager under
165	165	Subsection (a)(2) [(a)(3)] employs a juvenile case manager for
166	166	purposes of Chapter 102.
167	167	SECTION 10. (a) This section takes effect only if the Act
168	168	of the 89th Legislature, Regular Session, 2025, relating to
169	169	nonsubstantive additions to and corrections in enacted codes
170	170	becomes law.
171	171	(b) Article 45A.451(a-1), Code of Criminal Procedure, is
172	172	repealed to conform to the reenactment of Article 45.056(c), Code
173	173	of Criminal Procedure, by Chapter 525 (H.B. 3186), Acts of the 88th
174	174	Legislature, Regular Session, 2023.
175	175	SECTION 11. (a) This section takes effect only if the Act
176	176	of the 89th Legislature, Regular Session, 2025, relating to
177	177	nonsubstantive additions to and corrections in enacted codes does
178	178	not become law.
179	179	(b) Article 45A.451(a-1), Code of Criminal Procedure, is
180	180	amended to read as follows:
181	181	(a-1) A county or justice court on approval of the
182	182	commissioners court or a municipality or municipal court on
183	183	approval of the governing body of the municipality may employ one or
184	184	more juvenile case managers to [who:
185	185	[(1) shall] assist the court in administering the
186	186	court's juvenile docket and in supervising the court's orders in
187	187	juvenile cases [; and
188	188	[(2) may provide:
189	189	[(A) prevention services to a child considered at
190	190	risk of entering the juvenile justice system; and
191	191	[(B) intervention services to a juvenile engaged
192	192	in misconduct, excluding traffic offenses, if a case has not yet
193	193	been filed with respect to the misconduct].
194	194	SECTION 12. Article 45A.453(h), Code of Criminal Procedure,
195	195	is amended to read as follows:
196	196	(h) Except as provided by Subsection (i) [and Section
197	197	37.143(a), Education Code], for a traffic offense or an offense
198	198	punishable by fine only, a law enforcement officer may issue a
199	199	citation as provided by Article 14.06 instead of taking a child into
200	200	custody.
201	201	SECTION 13. Article 45A.462(b), Code of Criminal Procedure,
202	202	is amended to read as follows:
203	203	(b) Except as provided by Article 15.27 and Subsection (c)
204	204	of this article, all records and files, including those held by law
205	205	enforcement, and information stored by electronic means or
206	206	otherwise, from which a record or file could be generated, relating
207	207	to a child who is charged with, is convicted of, is found not guilty
208	208	of, or had a charge dismissed for [, or is granted deferred
209	209	disposition for] a fine-only misdemeanor offense other than a
210	210	traffic offense are confidential and may not be disclosed to the
211	211	public.
212	212	SECTION 14. Section 25.0915(c), Education Code, is amended
213	213	to read as follows:
214	214	(c) A truancy court shall dismiss a petition filed by a
215	215	truant conduct prosecutor under Section 65.054, Family Code, if the
216	216	court determines that the school district's referral:
217	217	(1) [does not comply with Subsection (b);
218	218	[(2)] does not satisfy the elements required for
219	219	truant conduct;
220	220	(2) [(3)] is not timely filed, unless the school
221	221	district delayed the referral under Section 25.0951(d); or
222	222	(3) [(4)] is otherwise substantively defective.
223	223	SECTION 15. Section 37.081(b), Education Code, is amended
224	224	to read as follows:
225	225	(b) In a peace officer's jurisdiction, a peace officer
226	226	commissioned under this section:
227	227	(1) has the powers, privileges, and immunities of
228	228	peace officers;
229	229	(2) may enforce all laws, including municipal
230	230	ordinances, county ordinances, and state laws; and
231	231	(3) may, in accordance with Chapter 52, Family Code,
232	232	or Article 45A.453, Code of Criminal Procedure, take a child into
233	233	custody [; and
234	234	[(4) may dispose of cases in accordance with Section
235	235	52.03 or 52.031, Family Code].
236	236	SECTION 16. Section 37.124(d), Education Code, is amended
237	237	to read as follows:
238	238	(d) It is an exception to the application of Subsection (a)
239	239	that, at the time the person engaged in conduct prohibited under
240	240	that subsection, the person was a student in the sixth grade or a
241	241	lower grade level [younger than 12 years of age].
242	242	SECTION 17. Section 37.126(c), Education Code, is amended
243	243	to read as follows:
244	244	(c) It is an exception to the application of Subsection
245	245	(a)(1) that, at the time the person engaged in conduct prohibited
246	246	under that subdivision, the person was a student in the sixth grade
247	247	or a lower grade level [younger than 12 years of age].
248	248	SECTION 18. The heading to Chapter 52, Family Code, is
249	249	amended to read as follows:
250	250	CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE
251	251	COURT
252	252	SECTION 19. Section 52.03(a), Family Code, is amended to
253	253	read as follows:
254	254	(a) A law-enforcement officer authorized by this title to
255	255	take a child into custody may dispose of the case of a child taken
256	256	into custody [or accused of a Class C misdemeanor, other than a
257	257	traffic offense,] without referral to juvenile court [or charging a
258	258	child in a court of competent criminal jurisdiction,] if:
259	259	(1) guidelines for such disposition have been adopted
260	260	by the juvenile board of the county in which the disposition is made
261	261	as required by Section 52.032;
262	262	(2) the disposition is authorized by the guidelines;
263	263	and
264	264	(3) the officer makes a written report of the officer's
265	265	disposition to the law-enforcement agency, identifying the child
266	266	and specifying the grounds for believing that the taking into
267	267	custody [or accusation of criminal conduct] was authorized.
268	268	SECTION 20. Section 52.031(a), Family Code, is amended to
269	269	read as follows:
270	270	(a) A juvenile board may establish a first offender program
271	271	under this section for the referral and disposition of children
272	272	taken into custody for [, or accused prior to the filing of a
273	273	criminal charge, of]:
274	274	(1) conduct indicating a need for supervision; or
275	275	(2) [a Class C misdemeanor, other than a traffic
276	276	offense; or
277	277	[(3)] delinquent conduct other than conduct that
278	278	constitutes:
279	279	(A) a felony of the first, second, or third
280	280	degree, an aggravated controlled substance felony, or a capital
281	281	felony; or
282	282	(B) a state jail felony or misdemeanor involving
283	283	violence to a person or the use or possession of a firearm,
284	284	location-restricted knife, or club, as those terms are defined by
285	285	Section 46.01, Penal Code, or a prohibited weapon, as described by
286	286	Section 46.05, Penal Code.
287	287	SECTION 21. Sections 52.031(d), (f), (i), and (j), Family
288	288	Code, as amended by Chapters 1407 (S.B. 393) and 1409 (S.B. 1114),
289	289	Acts of the 83rd Legislature, Regular Session, 2013, are reenacted
290	290	and amended to read as follows:
291	291	(d) A law enforcement officer taking a child into custody
292	292	[or accusing a child of an offense described in Subsection (a)(2)]
293	293	may refer the child to the law enforcement officer or agency
294	294	designated under Subsection (b) for disposition under the first
295	295	offender program and not refer the child to juvenile court [or a
296	296	court of competent criminal jurisdiction] only if:
297	297	(1) the child has not previously been adjudicated as
298	298	having engaged in delinquent conduct;
299	299	(2) the referral complies with guidelines for
300	300	disposition under Subsection (c); and
301	301	(3) the officer reports in writing the referral to the
302	302	agency, identifying the child and specifying the grounds for taking
303	303	the child into custody [or accusing a child of an offense described
304	304	in Subsection (a)(2)].
305	305	(f) The parent, guardian, or other custodian of the child
306	306	must receive notice that the child has been referred for
307	307	disposition under the first offender program. The notice must:
308	308	(1) state the grounds for taking the child into
309	309	custody [or accusing a child of an offense described in Subsection
310	310	(a)(2)];
311	311	(2) identify the law enforcement officer or agency to
312	312	which the child was referred;
313	313	(3) briefly describe the nature of the program; and
314	314	(4) state that the child's failure to complete the
315	315	program will result in the child being referred to the juvenile
316	316	court [or a court of competent criminal jurisdiction].
317	317	(i) The case of a child who successfully completes the first
318	318	offender program is closed and may not be referred to juvenile court
319	319	[or a court of competent criminal jurisdiction], unless the child
320	320	is taken into custody under circumstances described by Subsection
321	321	(j)(3).
322	322	(j) The case of a child referred for disposition under the
323	323	first offender program shall be referred to juvenile court [or a
324	324	court of competent criminal jurisdiction] if:
325	325	(1) the child fails to complete the program;
326	326	(2) the child or the parent, guardian, or other
327	327	custodian of the child terminates the child's participation in the
328	328	program before the child completes it; or
329	329	(3) the child completes the program but is taken into
330	330	custody under Section 52.01 before the 90th day after the date the
331	331	child completes the program for conduct other than the conduct for
332	332	which the child was referred to the first offender program.
333	333	SECTION 22. Section 42.01(f), Penal Code, is amended to
334	334	read as follows:
335	335	(f) Subsections (a)(1), (2), (3), (5), and (6) do not apply
336	336	to a person who, at the time the person engaged in conduct
337	337	prohibited under the applicable subdivision, was a student in the
338	338	sixth grade or a lower grade level [younger than 12 years of age],
339	339	and the prohibited conduct occurred at a public school campus
340	340	during regular school hours.
341	341	SECTION 23. The following provisions are repealed:
342	342	(1) Articles 42.15(d), (e), and (f), Code of Criminal
343	343	Procedure;
344	344	(2) Articles 45A.253(b) and (c), Code of Criminal
345	345	Procedure;
346	346	(3) Sections 37.141, 37.142, 37.143, 37.144, 37.145,
347	347	37.146, and 37.147, Education Code;
348	348	(4) Sections 51.08(f) and 52.031(a-1), Family Code;
349	349	(5) Sections 8.07(d) and (e), Penal Code; and
350	350	(6) Section 8.08, Penal Code.
351	351	SECTION 24. The changes in law made by this Act apply only
352	352	to an offense committed on or after the effective date of this
353	353	Act. An offense committed before the effective date of this Act is
354	354	governed by the law in effect on the date the offense was committed,
355	355	and the former law is continued in effect for that purpose. For
356	356	purposes of this section, an offense was committed before the
357	357	effective date of this Act if any element of the offense occurred
358	358	before that date.
359	359	SECTION 25. It is the intent of the 89th Legislature,
360	360	Regular Session, 2025, that the amendments made by this Act to
361	361	Article 45.305(b), Code of Criminal Procedure, be harmonized with
362	362	another Act of the 89th Legislature, Regular Session, 2025,
363	363	relating to nonsubstantive additions to and corrections in enacted
364	364	codes.
365	365	SECTION 26. This Act takes effect September 1, 2025.