Bill Text: TX HB1359 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to procedures involving truancy and other fine-only misdemeanors committed by children.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-29 - Left pending in committee [HB1359 Detail]

Download: Texas-2015-HB1359-Introduced.html
  84R2791 ADM-D
 
  By: Wu H.B. No. 1359
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures involving truancy and other fine-only
  misdemeanors committed by children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Article 45.02151 to read as
  follows:
         Art. 45.02151.  INSTRUCTION TO MINOR BEFORE PLEA. (a) This
  article applies to a defendant who is younger than 18 years of age.
         (b)  Before the court takes the defendant's plea, the court
  shall inform the defendant of the potential consequences a criminal
  record may have on the defendant, including an impact on the
  defendant's:
               (1)  college applications;
               (2)  future military service; and
               (3)  employment prospects.
         (c)  The supreme court, after consultation with the court of
  criminal appeals, shall develop language for the statement required
  by Subsection (b).
         SECTION 2.  Article 45.054, Code of Criminal Procedure, is
  amended by adding Subsection (a-3) to read as follows:
         (a-3)  A court having jurisdiction under this article shall
  offer the defendant the option of deferring further proceedings in
  accordance with Article 45.051 if the defendant has not previously:
               (1)  participated in a pretrial diversion program for
  truancy;
               (2)  been convicted of an offense under Section 25.094,
  Education Code; or
               (3)  been the subject of a dispositional order under
  this article.
         SECTION 3.  Section 25.0915, Education Code, is amended by
  amending Subsection (c) and adding Subsection (d) 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), does not satisfy the elements required for the
  offense, is not timely filed, or is otherwise defectiveA
  dismissal under this section must be made before a hearing of the
  complaint or referral is scheduled and without requiring the
  presence of the defendant.
         (d)  The agency shall adopt rules:
               (1)  creating minimum standards for truancy prevention
  measures adopted by a school district under this section; and
               (2)  establishing a set of best practices for truancy
  prevention measures.
         SECTION 4.  Section 25.0951(d), Education Code, is amended
  to read as follows:
         (d)  A court shall dismiss a complaint or referral made by a
  school district under this section that is not made in compliance
  with this section, does not satisfy the elements required for the
  offense, is not timely filed, or is otherwise defective. A
  dismissal under this section must be made before a hearing of the
  complaint or referral is scheduled and without requiring the
  presence of the defendant.
         SECTION 5.  The changes in law made by this Act do not apply
  to an offense committed under Section 25.094, Education Code,
  before the effective date of this Act or to a criminal action
  pending on the effective date of this Act for an offense under that
  section.  An offense committed before the effective date of this Act
  or a criminal action pending on that date is governed 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 Act,
  an offense is committed before the effective date of this Act if any
  element of the offense was committed before that date.
         SECTION 6.  This Act takes effect September 1, 2015.
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