S.B. No. 393

	AN ACT
	relating to the criminal procedures related to children who commit
	certain Class C misdemeanors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42.15, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsections (d), (e),
	and (f) to read as follows:
	(b)  Subject to Subsections [Subsection] (c) and (d), when
	imposing a fine and costs, a court may direct a defendant:
	(1)  to pay the entire fine and costs when sentence is
	pronounced;
	(2)  to pay the entire fine and costs at some later
	date; or
	(3)  to pay a specified portion of the fine and costs at
	designated intervals.
	(d)  A judge may allow a defendant who is a child, as defined
	by Article 45.058(h), to elect at the time of conviction, as defined
	by Section 133.101, Local Government Code, to discharge the fine
	and costs by:
	(1)  performing community service or receiving
	tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),
	Acts of the 82nd Legislature, Regular Session, 2011; or
	(2)  paying the fine and costs in a manner described by
	Subsection (b).
	(e)  The election under Subsection (d) must be made in
	writing, signed by the defendant, and, if present, signed by the
	defendant's parent, guardian, or managing conservator.  The court
	shall maintain the written election as a record of the court and
	provide a copy to the defendant.
	(f)  The requirement under Article 45.0492(a), as added by
	Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
	Session, 2011, that an offense occur in a building or on the grounds
	of the primary or secondary school at which the defendant was
	enrolled at the time of the offense does not apply to the
	performance of community service or the receipt of tutoring to
	discharge a fine or costs under Subsection (d)(1).
	SECTION 2.  Article 43.091, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 43.091.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
	INDIGENT DEFENDANTS AND CHILDREN.  A court may waive payment of a
	fine or cost imposed on a defendant who defaults in payment if the
	court determines that:
	(1)  the defendant is indigent or was, at the time the
	offense was committed, a child as defined by Article 45.058(h); and
	(2)  each alternative method of discharging the fine or
	cost under Article 43.09 or 42.15 would impose an undue hardship on
	the defendant.
	SECTION 3.  Article 44.2811, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 44.2811.  RECORDS RELATING TO CHILDREN CONVICTED OF OR
	RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS.
	(a)  This article applies only to a misdemeanor offense punishable
	by fine only, other than a traffic offense.
	(b)  All records and files and information stored by
	electronic means or otherwise, from which a record or file could be
	generated, relating to a child who is convicted of and has satisfied
	the judgment for or who has received a dismissal after deferral of
	disposition for an [a fine-only misdemeanor] offense described by
	Subsection (a) [other than a traffic offense] are confidential and
	may not be disclosed to the public except as provided under Article
	45.0217(b).  [All records and files and information stored by
	electronic means or otherwise, from which a record or file could be
	generated, relating to a child whose conviction for a fine-only
	misdemeanor other than a traffic offense is affirmed are
	confidential upon satisfaction of the judgment and may not be
	disclosed to the public except as provided under Article
	45.0217(b).]
	SECTION 4.  Article 45.0217, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 45.0217.  CONFIDENTIAL RECORDS RELATED TO THE
	CONVICTION OF OR DEFERRAL OF DISPOSITION FOR A CHILD.  (a)  This
	article applies only to a misdemeanor offense punishable by fine
	only, other than a traffic offense.
	(a-1)  Except as provided by Article 15.27 and Subsection
	(b), all records and files, including those held by law
	enforcement, and information stored by electronic means or
	otherwise, from which a record or file could be generated, relating
	to a child who is convicted of and has satisfied the judgment for or
	who has received a dismissal after deferral of disposition for an [a
	fine-only misdemeanor] offense described by Subsection (a) [other
	than a traffic offense] are confidential and may not be disclosed to
	the public.
	(b)  Information subject to Subsection (a-1) [(a)] may be
	open to inspection only by:
	(1)  judges or court staff;
	(2)  a criminal justice agency for a criminal justice
	purpose, as those terms are defined by Section 411.082, Government
	Code;
	(3)  the Department of Public Safety;
	(4)  an attorney for a party to the proceeding;
	(5)  the child defendant; or
	(6)  the defendant's parent, guardian, or managing
	conservator.
	SECTION 5.  Article 45.041, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsections (b-3),
	(b-4), and (b-5) to read as follows:
	(b)  Subject to Subsections [Subsection] (b-2) and (b-3),
	the justice or judge may direct the defendant:
	(1)  to pay:
	(A)  the entire fine and costs when sentence is
	pronounced;
	(B)  the entire fine and costs at some later date;
	or
	(C)  a specified portion of the fine and costs at
	designated intervals;
	(2)  if applicable, to make restitution to any victim
	of the offense; and
	(3)  to satisfy any other sanction authorized by law.
	(b-3)  A judge may allow a defendant who is a child, as
	defined by Article 45.058(h), to elect at the time of conviction, as
	defined by Section 133.101, Local Government Code, to discharge the
	fine and costs by:
	(1)  performing community service or receiving
	tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),
	Acts of the 82nd Legislature, Regular Session, 2011; or
	(2)  paying the fine and costs in a manner described by
	Subsection (b).
	(b-4)  The election under Subsection (b-3) must be made in
	writing, signed by the defendant, and, if present, signed by the
	defendant's parent, guardian, or managing conservator.  The court
	shall maintain the written election as a record of the court and
	provide a copy to the defendant.
	(b-5)  The requirement under Article 45.0492(a), as added by
	Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
	Session, 2011, that an offense occur in a building or on the grounds
	of the primary or secondary school at which the defendant was
	enrolled at the time of the offense does not apply to the
	performance of community service or the receipt of tutoring to
	discharge a fine or costs under Subsection (b-3)(1).
	SECTION 6.  Article 45.0491, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 45.0491.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
	INDIGENT DEFENDANTS AND CHILDREN.  A municipal court, regardless of
	whether the court is a court of record, or a justice court may waive
	payment of a fine or costs imposed on a defendant who defaults in
	payment if the court determines that:
	(1)  the defendant is indigent or was, at the time the
	offense was committed, a child as defined by Article 45.058(h); and
	(2)  discharging the fine and costs under Article
	45.049 or as otherwise authorized by this chapter would impose an
	undue hardship on the defendant.
	SECTION 7.  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 8.  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 9.  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 10.  Subsection (d), Section 37.124, Education Code,
	is amended to read as follows:
	(d)  It is an exception to the application of Subsection (a)
	that, at the time the person engaged in conduct prohibited under
	that subsection, the person was younger than 12 years of age [a
	student in the sixth grade or a lower grade level].
	SECTION 11.  Subsection (c), Section 37.126, Education Code,
	is amended to read as follows:
	(c)  It is an exception to the application of Subsection
	(a)(1) that, at the time the person engaged in conduct prohibited
	under that subdivision, the person was younger than 12 years of age
	[a student in the sixth grade or a lower grade level].
	SECTION 12.  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 and 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 may develop a system of graduated sanctions
	that the school district may require to 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(a)(1), (2), (3), (4), or (5), Penal Code. A
	system adopted under this section must include multiple graduated
	sanctions.  The system may 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, 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.
	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 13.  Section 51.08, Family Code, is amended by
	adding Subsection (f) to read as follows:
	(f)  A court shall waive original jurisdiction for a
	complaint against a child alleging a violation of a misdemeanor
	offense punishable by fine only, other than a traffic offense, and
	refer the child to juvenile court if the court or another court has
	previously dismissed a complaint against the child under Section
	8.08, Penal Code.
	SECTION 14.  The heading to Chapter 52, Family Code, is
	amended to read as follows:
	CHAPTER 52.  PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO
	[JUVENILE] COURT
	SECTION 15.  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 16.  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 a 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 a 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 17.  Section 8.07, Penal Code, is amended by adding
	Subsections (d) and (e) to read as follows:
	(d)  Notwithstanding Subsection (a), a person may not be
	prosecuted for or convicted of an offense described by Subsection
	(a)(4) or (5) that the person committed when younger than 10 years
	of age.
	(e)  A person who is at least 10 years of age but younger than
	15 years of age is presumed incapable of committing an offense
	described by Subsection (a)(4) or (5), other than an offense under a
	juvenile curfew ordinance or order. This presumption may be
	refuted if the prosecution proves to the court by a preponderance of
	the evidence that the actor had sufficient capacity to understand
	that the conduct engaged in was wrong at the time the conduct was
	engaged in.  The prosecution is not required to prove that the actor
	at the time of engaging in the conduct knew that the act was a
	criminal offense or knew the legal consequences of the offense.
	SECTION 18.  Chapter 8, Penal Code, is amended by adding
	Section 8.08 to read as follows:
	Sec. 8.08.  CHILD WITH MENTAL ILLNESS, DISABILITY, OR LACK
	OF CAPACITY. (a)  On motion by the state, the defendant, or a
	person standing in parental relation to the defendant, or on the
	court's own motion, a court with jurisdiction of an offense
	described by Section 8.07(a)(4) or (5) shall determine whether
	probable cause exists to believe that a child, including a child
	with a mental illness or developmental disability:
	(1)  lacks the capacity to understand the proceedings
	in criminal court or to assist in the child's own defense and is
	unfit to proceed; or
	(2)  lacks substantial capacity either to appreciate
	the wrongfulness of the child's own conduct or to conform the
	child's conduct to the requirement of the law.
	(b)  If the court determines that probable cause exists for a
	finding under Subsection (a), after providing notice to the state,
	the court may dismiss the complaint.
	(c)  A dismissal of a complaint under Subsection (b) may be
	appealed as provided by Article 44.01, Code of Criminal Procedure.
	(d)  In this section, "child" has the meaning assigned by
	Article 45.058(h), Code of Criminal Procedure.
	SECTION 19.  Subsection (f), Section 42.01, Penal Code, is
	amended to read as follows:
	(f)  Subsections (a)(1), (2), (3), (5), and (6) do not apply
	to a person who, at the time the person engaged in conduct
	prohibited under the applicable subdivision, was a student younger
	than 12 years of age [in the sixth grade or a lower grade level], and
	the prohibited conduct occurred at a public school campus during
	regular school hours.
	SECTION 20.  Except as provided by Sections 21 and 22 of this
	Act, 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 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 21.  (a)  Articles 42.15 and 45.041, Code of
	Criminal Procedure, as amended by this Act, apply only to a
	sentencing proceeding that commences on or after the effective date
	of this Act.
	(b)  Articles 43.091 and 45.0491, Code of Criminal
	Procedure, as amended by this Act, apply to a sentencing proceeding
	that commences before, on, or after the effective date of this Act.
	SECTION 22.  Articles 44.2811 and 45.0217, Code of Criminal
	Procedure, as amended by this Act, apply to the disclosure of a
	record or file on or after the effective date of this Act regardless
	of whether the offense that is the subject of the record or file was
	committed before, on, or after the effective date of this Act.
	SECTION 23.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 393 passed the Senate on
	April 4, 2013, by the following vote: Yeas 30, Nays 0; and that
	the Senate concurred in House amendments on May 23, 2013, by the
	following vote: Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 393 passed the House, with
	amendments, on May 20, 2013, by the following vote: Yeas 144,
	Nays 3, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor