83R7198 ADM-F
	By: West	S.B. No. 393

	A BILL TO BE ENTITLED
	AN ACT
	relating to the deferral of prosecution of children accused of
	certain Class C misdemeanors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Articles 45.056(a) and (c), 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 or agree, in accordance
	with Chapter 791, Government Code, to jointly employ a case manager
	to provide services in cases involving juvenile offenders who are:
	(1)  before a court consistent with the court's
	statutory powers; or
	(2)  referred to the case manager by a school
	administrator or designee before a complaint is filed with a court
	for a school offense, as defined by Section 37.141, Education Code,
	that would otherwise be within the court's jurisdiction, if the
	juvenile offender and the juvenile offender's parent or guardian
	consent to the referral to the [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 to:
	(1)  assist the court in administering the court's
	juvenile docket and in supervising its court orders in juvenile
	cases; and
	(2)  provide prevention and early intervention
	services, with the consent of the juveniles and the juveniles'
	parents or guardians, to juveniles considered at-risk of dropping
	out of school and referred to the case manager by school
	administrators before cases are filed with the court for alleged
	Class C misdemeanors, other than 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.  Section 37.081(b), 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.  PROGRESSIVE SANCTIONS FOR CERTAIN
	MISDEMEANOR OFFENSES
	Sec. 37.141.  DEFINITIONS. In this subchapter:
	(1)  "Child" means a person who is:
	(A)  younger than 17 years of age; and
	(B)  not married, divorced, or widowed.
	(2)  "School offense" means an offense committed by a
	child enrolled in a public school that is:
	(A)  a Class C misdemeanor under Section 42.01,
	Penal Code, and is committed on property under the control and
	jurisdiction of a school district; or
	(B)  an offense under Section 37.124 or 37.126.
	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.  PROGRESSIVE SANCTIONS. (a)  Before filing a
	complaint under Section 37.145 against a child alleging the
	commission of a school offense, a school district employee shall
	impose progressive sanctions on the child. Under the progressive
	sanctions, the employee may:
	(1)  issue a warning letter 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)  impose:
	(A)  a behavior contract on the child that must be
	signed by the child, the child's parent or guardian, and an employee
	of the school and that includes:
	(i)  a specific description of the behavior
	that is required or prohibited for the child;
	(ii)  the period for which the contract will
	be effective, not to exceed 45 school days after the date the
	contract becomes effective; and
	(iii)  the penalties for additional alleged
	school offenses, including additional disciplinary action or the
	filing of a complaint in a criminal court; and
	(B)  school-based community service; or
	(3)  refer 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)(3) 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 progressive 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 progressive sanctions 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.
	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.  Section 52.03(a), 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 without referral to juvenile court or the case of a
	child accused of a Class C misdemeanor other than a traffic offense
	without filing a complaint with a criminal court, 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 was authorized or the accusation of criminal conduct was
	legitimate.
	SECTION 7.  Section 52.031, Family Code, is amended by
	adding Subsection (a-1) and amending Subsections (d), (f), (i), and
	(j) to read as follows:
	(a-1)  A child accused of a Class C misdemeanor, other than a
	traffic offense, may be referred to a first offender program
	established under this section prior to the filing of a complaint
	with a criminal court.
	(d)  A law enforcement officer taking a child into custody
	for conduct described by Subsection (a) or before issuing a
	citation to a child for an offense described by Subsection (a-1)
	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 for the
	conduct or file a complaint with a criminal court for the offense
	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 for accusing the child of an offense.
	(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 for conduct described by Subsection (a), or for accusing
	the child of an offense described by Subsection (a-1);
	(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 for the conduct or a complaint being filed with a criminal
	court for the offense.
	(i)  The case of a child who successfully completes the first
	offender program is closed and may not be referred to juvenile court
	or filed with a criminal court, 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, if
	the child is accused of an offense described by Subsection (a-1),
	filed with a criminal court 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.