83R7155 ADM-F
	By: Whitmire, West	S.B. No. 1114

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of certain misdemeanor offenses
	committed by children and to school district law enforcement.
	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 intervention services, with the consent of
	the juveniles and the juveniles' parents or guardians, to juveniles
	considered at-risk of entering the juvenile justice system 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.  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, other than a traffic
	offense, that is committed while the child is:
	(i)  on the grounds of the school in which
	the child is enrolled; or
	(ii)  a passenger in a vehicle that is under
	the control and jurisdiction of the school district that operates
	the school in which the child is enrolled; or
	(B)  an offense under Section 25.094, 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 shall:
	(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; or
	(2)  impose a behavior contract on the child that must:
	(A)  be signed by the child, the child's parent or
	guardian, and an employee of the school; and
	(B)  include:
	(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.
	(b)  In addition to the progressive sanctions imposed under
	Subsection (a), the school may refer the child to services which may
	include:
	(1)  school-based community service; and
	(2)  counseling, community-based services, or other
	in-school or out-of-school services aimed at addressing the child's
	behavioral problems.
	(c)  A referral made under Subsection (b) may include
	participation by the child's parent or guardian if necessary.
	Sec. 37.145.  COMPLAINT. (a) 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.
	(b)  Notwithstanding Section 37.144(a), a school may file a
	complaint alleging the commission of a school offense with a
	criminal court in accordance with Section 37.146 against a child if
	the school has imposed progressive sanctions on the child for three
	or more previous school offenses committed during the same semester
	as the current school offense.
	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 4.  Section 37.081(f), Education Code, is amended to
	read as follows:
	(f)  The chief of police of the school district police
	department shall be accountable to the superintendent and shall
	report to the superintendent [or the superintendent's designee].
	School district police officers shall be supervised by the chief of
	police of the school district or the chief of police's designee and
	shall be licensed by the Commission on Law Enforcement Officer
	Standards and Education.
	SECTION 5.  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 12 years
	of age.
	(e)  A person who is at least 12 years of age but younger than
	15 years of age is presumed incapable of committing an offense
	described by Subsection (a)(4) or (5). 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 6.  Section 42.01, Penal Code, is amended by adding
	Subsection (a-1) to read as follows:
	(a-1)  For purposes of Subsection (a), the term "public
	place" includes a public school campus or the school grounds on
	which a public school is located.
	SECTION 7.  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 8.  This Act takes effect September 1, 2013.