By: Larson	H.B. No. 2266

	A BILL TO BE ENTITLED
	AN ACT
	Relating to the enforcement and prosecution of children for certain
	fine-only misdemeanors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42.15, Code of Criminal Procedure, is
	amended to include subsections (d), (d-1), and (d-2) to read as
	follows:
	(d)  A defendant who is a child shall elect at the time of
	conviction to either discharge the fine and courts costs:
	(1)  by performing community service pursuant to
	Article 43.09(h); or
	(2)  by making payments pursuant to Subsection (b).
	(d-1)  For purposes of this article, "conviction" has the
	meaning provided by Section 133.101, Local Government Code.
	"Child" has the meaning assigned by Article 45.058(h).
	(d-2)  The election made under Subsection (d) shall be made
	in writing and signed by the defendant and, if present, the
	defendant's parent, guardian, or managing conservator.  The
	election shall be maintained as a record of the court and a copy
	shall be provided to the defendant.
	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)  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 a child at the time
	of the offense; and
	(2)  each alternative method of discharging the fine or
	cost under Article 43.09, or as otherwise authorized by this
	chapter, would impose an undue hardship on the defendant.
	(b)  In this Article, "child" has the meaning assigned by
	Article 45.058(h), Code of Criminal Procedure.
	SECTION 3:  Article 44.2811, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 44.2811.  RECORDS RELATING TO CHILDREN CONVICTED
	ACCUSED OF FINE-ONLY MISDEMEANORS. 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 a fine-only
	misdemeanor offense other than a traffic offense are confidential
	and may not be disclosed to the public except as provided under
	Article 45.0217.(b)
	SECTION 4:  Article 45.041, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 45.041.  JUDGMENT  (a)  The judgment and sentence, in
	case of conviction in a criminal action before a justice of the
	peace or municipal court judge, shall be that the defendant pays the
	amount of the fine and costs to the state.
	(b)  Subject to Subsections (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-1)  Restitution made under Subsection (b)(2) may not
	exceed $5,000 for an offense under Section 32.41, Penal Code.
	(b-2)  When imposing a fine and costs, if the justice or
	judge determines that the defendant is unable to immediately pay
	the fine and costs, the justice or judge shall allow the defendant
	to pay the fine and costs in specified portions at designated
	intervals.
	(b-3)  A defendant who is a child shall elect at the time of
	conviction to either discharge the fine and costs:
	(1)  by performing community service as authorized
	under this chapter; or
	(2)  by making payments pursuant to Subsection (b).
	(b-4)  The election made under Subsection (b-3) shall be made
	in writing and signed by the defendant and, if present, the
	defendant's parent, guardian, or managing conservator. The
	election shall be maintained as a record of the court and a copy
	shall be provided to the defendant.
	(c)  The justice or judge shall credit the defendant for time
	served in jail as provided by Article 42.03. The credit shall be
	applied to the amount of the fine and costs at the rate provided by
	Article 45.048.
	(d)  All judgments, sentences, and final orders of the
	justice or judge shall be rendered in open court.
	(e)  For purposes of this article, "conviction" has the
	meaning provided by Section 133.101, Local Government Code. "Child"
	has the meaning assigned by Article 45.058(h).
	SECTION 5:  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)  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 a child at the time
	of the offense; 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.
	(b)  In this article, "child" has the meaning assigned by
	Article 45.058(h).
	SECTION 6:  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 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; or
	(2)  agree in accordance with Chapter 791, Government
	Code, to jointly employ a case manager.
	(b)  A local entity may apply or more than one local entity
	may jointly apply to the criminal justice division of the
	governor's office for reimbursement of all or part of the costs of
	employing one or more juvenile case managers from funds
	appropriated to the governor's office or otherwise available for
	that purpose. To be eligible for reimbursement, the entity applying
	must present to the governor's office a comprehensive plan to
	reduce juvenile crimes in the entity's jurisdiction that addresses
	the role of the case manager in that effort.
	(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 assist the court in administering the court's juvenile
	docket, and in supervising its court orders in juvenile cases, and
	to provide prevention services to juveniles considered at-risk and
	intervention services to juveniles engaged in misconduct prior to
	cases being filed.
	SECTION 7:  Article 45.0217, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 45.0217.  CONFIDENTIAL RECORDS RELATED TO THE
	CONVICTION OF A CHILD.
	(a)  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 whose
	complaint has been dismissed by a court upon deferral of final
	disposition or who is convicted of and has satisfied the judgment
	for a fine-only misdemeanor offense, other than a traffic offense,
	are confidential and may not be disclosed to the public.
	(b)  Information subject to Subsection (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 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 this section.
	SECTION 9:  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 Sections
	52.03 and 52.031, Family Code.
	SECTION 10:  Section 37.124(d) of the 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 a student in the sixth grade or a
	lower grade level younger than 12 years of age.
	SECTION 11:  Section 37.126(c) of the 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 a student in the sixth grade
	or a lower grade level younger than 12 years of age.
	SECTION 12:  Chapter 37, Education Code, is amended by
	adding Subchapter E-1 to read as follows:
	SUBCHAPTER E-1. CRIMINAL PROCEDURE
	Sec. 37.127.  APPLICATION.  (a)  This subchapter governs
	criminal procedures to be utilized when a child is alleged to have
	committed an offense on property under the control and jurisdiction
	of a school district which is a Class C misdemeanor, excluding
	traffic offenses.
	(b)  For purposes of this subchapter, "child" has the meaning
	assigned by Article 45.058(h), Code of Criminal Procedure, who is
	also a student.
	Sec. 37.128.  INITIATION BY COMPLAINT.
	(a)  Notwithstanding, Article 14.06(b), Code of Criminal
	Procedure, a citation may not be issued to a child who is alleged to
	have committed an offense on property under the control and
	jurisdiction of a school district.
	(b)  In lieu of charging a child by issuing a citation, a
	complaint must be filed per Article 45.018 and Article 45.019, Code
	of Criminal Procedure and in accordance with the requirements of
	this subchapter.
	(c)  A court shall dismiss a complaint alleging an offense by
	a child that is not filed in compliance with this subchapter.
	(d)  Nothing in this subchapter prohibits a child from being
	taken into custody under Section 52.01, Family Code or from issuing
	a citation to a student who is not a child.
	Sec. 37.129.  PROGRESSIVE SANCTIONS.  (a)  Prior to the
	filing of a complaint alleging an offense under Section 37.124,
	Section 37.126, or Section 42.01, Penal Code, progressive sanctions
	shall be imposed by a school district employee in a school district
	that commissions peace officers under Section 37.081. Progressive
	sanctions, under this subchapter shall include:
	(1)  a warning letter issued by the school to the child
	and the child's parent or guardian or a behavior contract signed by
	the student. A warning letter shall specifically state the problem
	behavior and the consequences if the child continues to engage in
	such behavior. If a school district employee opts to have the child
	sign a behavior contract rather than issuing a warning letter, the
	contract will be signed by the child, the child's parent or
	guardian, and an employee of the school where the child attends. The
	contract will include:
	(a)  a specific description of the problem behavior to
	be avoided;
	(b)  a period of time for which the contract will be in
	place, not to exceed 45 school days from the date the agreement is
	signed; and
	(c)  the penalties for further alleged offenses
	governed by this section, including additional disciplinary action
	or the filing of a complaint;
	(2)  school-based chores or community service; and
	(3)  referral to counseling or community-based
	services aimed at addressing the child's behavioral problems; or
	(4)  another sanction deemed appropriate, if
	counseling or services are not available in the student's
	community.
	(b)  A referral under (a)(3) may include participation of a
	parent or guardian if necessary to address the child's behavioral
	problems.
	(c)  After proceeding under subsection (a), a complaint may
	be filed pursuant to Section 37.130.
	Sec. 37.130.  REQUISITIES OF A COMPLAINT.  (a)  A complaint
	charging a child with the commission of an offense that is a Class C
	misdemeanor under this subchapter shall, in addition to Article
	45.019, Code of Criminal Procedure, satisfy the following
	requisites:
	(1)  it must 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)  it must be accompanied by a statement from a school
	employee stating:
	(A)  whether the child is eligible for or receives
	special education services under Subchapter A, Chapter 29, and
	(B)  what progressive sanctions, if required
	under Section, 37.129 were imposed before the complaint was filed.
	(b)  Once a complaint has been filed per this subchapter, a
	summons may be issued under Articles 23.04 and 45.057(e), Code of
	Criminal Procedure.
	Sec. 37.131.  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:  The heading to Chapter 52, Family Code, is
	amended to read as follows:
	CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE
	COURT
	SECTION 14:  Section 51.08 of the Family Code is amended to
	add subsection (f) as follows:
	(f)  A court in which there is a pending complaint against a
	child alleging a violation of a misdemeanor offense punishable by
	fine only other than a traffic offense shall waive its original
	jurisdiction and refer the child to juvenile court if the court has
	previously dismissed a complaint against the child under Section
	8.071 of the Penal Code.
	SECTION 15:  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 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:  Section 52.031 of the Family Code is amended to
	read as follows:
	Sec. 52.031.  FIRST OFFENDER PROGRAM.  (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:
	(1)  conduct indicating a need for supervision; or
	(2)  a Class C misdemeanor, other than a traffic
	offense; or
	(2) (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.
	(b)  Each juvenile board in the county in which a first
	offender program is established shall designate one or more law
	enforcement officers and agencies, which may be law enforcement
	agencies, to process a child under the first offender program.
	(c)  The disposition of a child under the first offender
	program may not take place until guidelines for the disposition
	have been adopted by the juvenile board of the county in which the
	disposition is made as required by Section 52.032.
	(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).
	(e)  A child referred for disposition under the first
	offender program may not be detained in law enforcement custody.
	(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.
	(g)  The child and the parent, guardian, or other custodian
	of the child must consent to participation by the child in the first
	offender program.
	(h)  Disposition under a first offender program may include:
	(1)  voluntary restitution by the child or the parent,
	guardian, or other custodian of the child to the victim of the
	conduct of the child;
	(2)  voluntary community service restitution by the
	child;
	(3)  educational, vocational training, counseling, or
	other rehabilitative services; and
	(4)  periodic reporting by the child to the law
	enforcement officer or agency to which the child has been referred.
	(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.
	(k)  A statement made by a child to a person giving advice or
	supervision or participating in the first offender program may not
	be used against the child in any proceeding under this title or any
	criminal proceeding.
	(l)  The law enforcement agency must report to the juvenile
	board in December of each year the following:
	(1)  the last known address of the child, including the
	census tract;
	(2)  the gender and ethnicity of the child referred to
	the program; and
	(3)  the offense committed by the child.
	SECTION 17:  Section 8.07 of the Penal Code is amended to add
	subsections (d) and (e) as follows:
	(d)  Notwithstanding subsection (a), a person may not be
	prosecuted or convicted of any offense described by Subsections
	(a)(4)-(5) that the person committed when younger than 10 years of
	age.
	(e)  A person who is at least 10 years of age and younger than
	15 years of age is presumed incapable of committing an offense
	described by Subsections (a)(4)-(5).
	(1)  The presumption under this Subsection may be
	refuted by proof of preponderance of the evidence presented by the
	prosecution to the court establishing that the child has sufficient
	capacity to understand the offense and to know that the conduct was
	wrong at the time it occurred.
	(2)  In order to refute the presumption under this
	Subsection, the prosecution is not required to prove that the child
	knew at the time of the offense:
	(A)  that the act was illegal, or
	(B)  the legal consequences of the offense.
	SECTION 18:  The Penal Code is amended to add Section 8.071
	as follows:
	Sec. 8.071  CHILD WITH MENTAL ILLNESS, DISABILITY, LACK OF
	CAPACITY  (a)  Upon its own motion, or a motion by the State, the
	defendant, or a person standing in parental relation, a court with
	jurisdiction of an offense described by Section 8.07 (a)(4)-(5)
	shall determine whether probable cause exists to believe that a
	child:
	(1)  has a mental illness or developmental disability;
	(2)  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
	(3)  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 under
	Subsection (a), after providing notice to the State, the court
	shall dismiss the complaint;
	(c)  A dismissal of a complaint under Subsection (b) may be
	appealed per 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:  Section 42.01(f) of the Penal Code is amended as
	follows:
	(f)  It is an exception to the application of Subsections
	(a)(1), (2), (3), (5), and (6) do not apply that, at the time the
	person engaged in conduct prohibited under the applicable
	subdivision, he or she was a student in the sixth grade or a lower
	grade level and younger than 12 years of age, and the prohibited
	conduct occurred at a public school campus during regular school
	hours.
	SECTION 20:  The changes in law made by the 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 data of this Act if any element of the offense was
	committed before that date.
	SECTION 21:  The changes in law made by this Act apply only
	to sentencing proceedings that commence on or after the effective
	date of this Act.  A sentencing proceeding that commences before the
	effective date of this Act is governed by the law in effect at the
	time the proceeding commences, and the former law is continued in
	effect for that purpose.
	SECTION 22:  This Act takes effect September 1, 2013.