By: West	S.B. No. 393
	(In the Senate - Filed February 5, 2013; February 13, 2013,
	read first time and referred to Committee on Jurisprudence;
	March 28, 2013, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 5, Nays 0; March 28, 2013,
	sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 393	By:  West

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of children accused of certain Class C
	misdemeanors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsections (a) and (c), Article 45.056, Code of
	Criminal Procedure, are amended to read as follows:
	(a)  On approval of the commissioners court, city council,
	school district board of trustees, juvenile board, or other
	appropriate authority, a county court, justice court, municipal
	court, school district, juvenile probation department, or other
	appropriate governmental entity may:
	(1)  employ a case manager to provide services in cases
	involving juvenile offenders who are before a court consistent with
	the court's statutory powers or referred to a court by a school
	administrator or designee for misconduct that would otherwise be
	within the court's statutory powers prior to a case being filed,
	with the consent of the juvenile and the juvenile's parents or
	guardians; or
	(2)  agree in accordance with Chapter 791, Government
	Code, to jointly employ a case manager.
	(c)  A county or justice court on approval of the
	commissioners court or a municipality or municipal court on
	approval of the city council may employ one or more juvenile case
	managers who:
	(1)  shall [to] assist the court in administering the
	court's juvenile docket and in supervising its court orders in
	juvenile cases; and
	(2)  may provide:
	(A)  prevention services to a child considered
	at-risk of entering the juvenile justice system; and
	(B)  intervention services to juveniles engaged
	in misconduct prior to cases being filed, excluding traffic
	offenses.
	SECTION 2.  Section 25.0915, Education Code, is amended by
	adding Subsection (c) 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).
	SECTION 3.  Subsection (b), Section 37.081, Education Code,
	is amended to read as follows:
	(b)  In a peace officer's jurisdiction, a peace officer
	commissioned under this section:
	(1)  has the powers, privileges, and immunities of
	peace officers;
	(2)  may enforce all laws, including municipal
	ordinances, county ordinances, and state laws; [and]
	(3)  may, in accordance with Chapter 52, Family Code,
	take a juvenile into custody; and
	(4)  may dispose of cases in accordance with Section
	52.03 or 52.031, Family Code.
	SECTION 4.  Chapter 37, Education Code, is amended by adding
	Subchapter E-1 to read as follows:
	SUBCHAPTER E-1.  CRIMINAL PROCEDURE
	Sec. 37.141.  DEFINITIONS. In this subchapter:
	(1)  "Child" has the meaning assigned by Article
	45.058(h), Code of Criminal Procedure, except that the person must
	also be a student.
	(2)  "School offense" means an offense committed by a
	child enrolled in a public school that is a Class C misdemeanor
	other than a traffic offense, that is committed on property under
	the control and jurisdiction of a school district.
	Sec. 37.142.  CONFLICT OF LAW. To the extent of any
	conflict, this subchapter controls over any other law applied to a
	school offense alleged to have been committed by a child.
	Sec. 37.143.  CITATION PROHIBITED; CUSTODY OF CHILD. (a)  A
	peace officer may not issue a citation to a child who is alleged to
	have committed a school offense.
	(b)  This subchapter does not prohibit a child from being
	taken into custody under Section 52.01, Family Code.
	Sec. 37.144.  GRADUATED SANCTIONS FOR CERTAIN SCHOOL
	OFFENSES. (a)  A school district that commissions peace officers
	under Section 37.081 shall develop a system of graduated sanctions
	that must be imposed on a child before a complaint is filed under
	Section 37.145 against the child for a school offense that is an
	offense under Section 37.124 or 37.126 or under Section 42.01,
	Penal Code. A system adopted under this section must include
	multiple graduated sanctions.  The system must require:
	(1)  a warning letter to be issued to the child and the
	child's parent or guardian that specifically states the child's
	alleged school offense and explains the consequences if the child
	engages in additional misconduct;
	(2)  a behavior contract with the child that must be
	signed by the child, the child's parent or guardian, and an employee
	of the school and that includes a specific description of the
	behavior that is required or prohibited for the child and the
	penalties for additional alleged school offenses, including
	additional disciplinary action or the filing of a complaint in a
	criminal court;
	(3)  the performance of school-based community service
	by the child; and
	(4)  the referral of the child to counseling,
	community-based services, or other in-school or out-of-school
	services aimed at addressing the child's behavioral problems.
	(b)  A referral made under Subsection (a)(4) may include
	participation by the child's parent or guardian if necessary.
	Sec. 37.145.  COMPLAINT. If a child fails to comply with or
	complete graduated sanctions under Section 37.144, the school may
	file a complaint against the child with a criminal court in
	accordance with Section 37.146.
	Sec. 37.146.  REQUISITES OF COMPLAINT. (a)  A complaint
	alleging the commission of a school offense must, in addition to the
	requirements imposed by Article 45.019, Code of Criminal Procedure:
	(1)  be sworn to by a person who has personal knowledge
	of the underlying facts giving rise to probable cause to believe
	that an offense has been committed; and
	(2)  be accompanied by a statement from a school
	employee stating:
	(A)  whether the child is eligible for or receives
	special services under Subchapter A, Chapter 29; and
	(B)  the graduated sanctions, if required under
	Section 37.144, that were imposed on the child before the complaint
	was filed.
	(b)  After a complaint has been filed under this subchapter,
	a summons may be issued under Articles 23.04 and 45.057(e), Code of
	Criminal Procedure.
	Sec. 37.147.  PROSECUTING ATTORNEYS. An attorney
	representing the state in a court with jurisdiction may adopt rules
	pertaining to the filing of a complaint under this subchapter that
	the state considers necessary in order to:
	(1)  determine whether there is probable cause to
	believe that the child committed the alleged offense;
	(2)  review the circumstances and allegations in the
	complaint for legal sufficiency; and
	(3)  see that justice is done.
	SECTION 5.  The heading to Chapter 52, Family Code, is
	amended to read as follows:
	CHAPTER 52.  PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO
	[JUVENILE] COURT
	SECTION 6.  Subsection (a), Section 52.03, Family Code, is
	amended to read as follows:
	(a)  A law-enforcement officer authorized by this title to
	take a child into custody may dispose of the case of a child taken
	into custody or accused of a Class C misdemeanor, other than a
	traffic offense, without referral to juvenile court or charging a
	child in a court of competent criminal jurisdiction, if:
	(1)  guidelines for such disposition have been adopted
	by the juvenile board of the county in which the disposition is made
	as required by Section 52.032;
	(2)  the disposition is authorized by the guidelines;
	and
	(3)  the officer makes a written report of the officer's
	disposition to the law-enforcement agency, identifying the child
	and specifying the grounds for believing that the taking into
	custody or accusation of criminal conduct was authorized.
	SECTION 7.  Subsections (a), (d), (f), (i), and (j), Section
	52.031, Family Code, are amended to read as follows:
	(a)  A juvenile board may establish a first offender program
	under this section for the referral and disposition of children
	taken into custody, or accused prior to the filing of a criminal
	charge, of [for]:
	(1)  conduct indicating a need for supervision; [or]
	(2)  a Class C misdemeanor, other than a traffic
	offense; or
	(3)  delinquent conduct other than conduct that
	constitutes:
	(A)  a felony of the first, second, or third
	degree, an aggravated controlled substance felony, or a capital
	felony; or
	(B)  a state jail felony or misdemeanor involving
	violence to a person or the use or possession of a firearm, illegal
	knife, or club, as those terms are defined by Section 46.01, Penal
	Code, or a prohibited weapon, as described by Section 46.05, Penal
	Code.
	(d)  A law enforcement officer taking a child into custody or
	accusing a child of an offense described in Subsection (a)(2) may
	refer the child to the law enforcement officer or agency designated
	under Subsection (b) for disposition under the first offender
	program and not refer the child to juvenile court or a court of
	competent criminal jurisdiction only if:
	(1)  the child has not previously been adjudicated as
	having engaged in delinquent conduct;
	(2)  the referral complies with guidelines for
	disposition under Subsection (c); and
	(3)  the officer reports in writing the referral to the
	agency, identifying the child and specifying the grounds for taking
	the child into custody or accusing the child of an offense described
	in Subsection (a)(2).
	(f)  The parent, guardian, or other custodian of the child
	must receive notice that the child has been referred for
	disposition under the first offender program. The notice must:
	(1)  state the grounds for taking the child into
	custody or accusing the child of an offense described in Subsection
	(a)(2);
	(2)  identify the law enforcement officer or agency to
	which the child was referred;
	(3)  briefly describe the nature of the program; and
	(4)  state that the child's failure to complete the
	program will result in the child being referred to the juvenile
	court or a court of competent criminal jurisdiction.
	(i)  The case of a child who successfully completes the first
	offender program is closed and may not be referred to juvenile court
	or a court of competent criminal jurisdiction, unless the child is
	taken into custody under circumstances described by Subsection
	(j)(3).
	(j)  The case of a child referred for disposition under the
	first offender program shall be referred to juvenile court or a
	court of competent criminal jurisdiction if:
	(1)  the child fails to complete the program;
	(2)  the child or the parent, guardian, or other
	custodian of the child terminates the child's participation in the
	program before the child completes it; or
	(3)  the child completes the program but is taken into
	custody under Section 52.01 before the 90th day after the date the
	child completes the program for conduct other than the conduct for
	which the child was referred to the first offender program.
	SECTION 8.  The changes in law made by this Act apply 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 covered
	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 section, an offense is committed before the
	effective date of this Act if any element of the offense was
	committed before that date.
	SECTION 9.  This Act takes effect September 1, 2013.
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