Subsec. SERVICE OF PROCESS. (a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the judge may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. Acts 2013, 83rd Leg., R.S., Ch. (2) the date by which the defendant must submit to the court documentation verifying the defendant's completion of the community service. Acts 2017, 85th Leg., R.S., Ch. 351), Sec. 1182, Sec. (g) This article does not apply to any offense otherwise covered by: (1) Chapter 106, Alcoholic Beverage Code; or. September 1, 2017. Amended by Acts 1981, 67th Leg., p. 2648, ch. 90 (S.B. September 1, 2013. (a) In this article, "truancy offense" means an offense committed under the former Section 25.094, Education Code. 351), Sec. September 1, 2017. The reasons include pregnancy, caring for a relative, drug use, an abusive situation at home even homelessness. 467 (H.B. 1913), Sec. Of course, there will always be kids who have no excuse for skipping school. Added by Acts 1999, 76th Leg., ch. (A) Section 472.022, Transportation Code; (B) Subtitle C, Title 7, Transportation Code; or. Sept. 1, 1999. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. art. 216, Sec. Jan. 11, 2004. 45.39 and amended by Acts 1999, 76th Leg., ch. June 15, 1971. Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. Renumbered from Vernon's Ann.C.C.P. 722. 1545, Sec. (a) A peace officer taking into custody a person younger than 17 years of age for violation of a juvenile curfew ordinance of a municipality or order of the commissioners court of a county shall, without unnecessary delay: (1) release the person to the person's parent, guardian, or custodian; (2) take the person before a justice or municipal court to answer the charge; or. Acts 1965, 59th Leg., vol. (d) A justice or municipal court may hold a person in contempt and impose a remedy authorized by Subsection (c)(2) if: (1) the person was convicted for an offense committed before the person's 17th birthday; (2) the person failed to obey the order while the person was 17 years of age or older; and. 1182 (S.B. If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose. Public school students who had at least 10 unexcused absences in a six-month period found their truancy cases. (e) A justice or municipal court shall endorse on the summons issued to a parent an order to appear personally at the hearing with the child. 61), Sec. What Happens to Truants and Their Parents in Texas? COLLECTION OF FINES AND COSTS. 161 (S.B. (a) Notwithstanding any other provision of law, a document that is issued or maintained by a justice or municipal court or a notice or a citation issued by a law enforcement officer may be created by electronic means, including optical imaging, optical disk, digital imaging, or other electronic reproduction technique that does not permit changes, additions, or deletions to the originally created document. art. Acts 2019, 86th Leg., R.S., Ch. (a) This chapter details the procedures and proceedings in cases involving allegations of truant conduct. (d) A justice or municipal court may require a child, parent, managing conservator, or guardian required to attend a program, class, or function under this article to submit proof of attendance to the court. Art. The idea is opposed by several advocacy groups, including the Intercultural Development Research Association, Texas Appleseed and the ACLU of Texas. The summons must include a warning that the failure of the parent to appear may result in arrest and is a Class C misdemeanor. 977 (H.B. September 1, 2007. Acts 1965, 59th Leg., vol. Amended by Acts 1991, 72nd Leg., ch. 872, Sec. 45.29 and amended by Acts 1999, 76th Leg., ch. Subject to veto by the governor, the following article was amended by the 88th Legislature. Art. September 1, 2015. Added by Acts 2011, 82nd Leg., R.S., Ch. January 1, 2020. 45.25 and amended by Acts 1999, 76th Leg., ch. 8, eff. Added by Acts 1999, 76th Leg., ch. 3.11, eff. 45.54 and amended by Acts 1999, 76th Leg., ch. 923, Sec. 2, eff. Acts 2005, 79th Leg., Ch. Reimbursement fees collected by a municipal court shall be deposited in the municipal treasury. 1913), Sec. 1044 (H.B. Amended by Acts 1987, 70th Leg., ch. September 1, 2017. 1545, Sec. (B) held a commercial driver's license when the offense was committed. Added by Acts 2001, 77th Leg., ch. Added by Acts 2001, 77th Leg., ch. 1322 (S.B. CRIMINAL DOCKET. (c) The court shall enter judgment on the defendant's plea of no contest or guilty at the time the plea is made, defer imposition of the judgment, and allow the defendant 90 days to successfully complete the approved driving safety course or motorcycle operator training course and present to the court: (1) a uniform certificate of completion of the driving safety course or a verification of completion of the motorcycle operator training course; (2) unless the judge proceeds under Subsection (c-1), the defendant's driving record as maintained by the Department of Public Safety, if any, showing that the defendant had not completed an approved driving safety course or motorcycle operator training course, as applicable, within the 12 months preceding the date of the offense; (3) an affidavit stating that the defendant was not taking a driving safety course or motorcycle operator training course, as applicable, under this article on the date the request to take the course was made and had not completed such a course that is not shown on the defendant's driving record within the 12 months preceding the date of the offense; and. 977 (H.B. "I work in construction and I don't want him to struggle like me," Ramirez says in Spanish. 45.014. 1127 (S.B. 829 (H.B. (b) The governing body of a municipality may adopt such rules and regulations, not inconsistent with any law of this state, concerning the practice and procedure in the municipal court as the governing body may consider proper. 45.021 and amended by Acts 1999, 76th Leg., ch. 53, eff. Williams in Travis County is one of them. September 1, 2021. 2.23, eff. GENERAL PROVISIONS Sec. 2, p. 317, ch. (d) Records relating to a complaint dismissed under this article may be expunged under Article 55.01 of this code. Justice of the Peace Yvonne Michelle Williams is one of the presiding judges at the Travis County Court in Austin. (a) Except as provided by Articles 45.058 and 45.059, an individual may not be taken into secured custody for offenses alleged to have occurred before the individual's 17th birthday. Acts 2011, 82nd Leg., R.S., Ch. 977 (H.B. (1) must take the defendant's plea in open court; and. (b) A defendant is presumed to be indigent or to not have sufficient resources or income to pay all or part of the fine or costs for purposes of Subsection (a) or (d) if the defendant: (1) is in the conservatorship of the Department of Family and Protective Services, or was in the conservatorship of that department at the time of the offense; or. 1560), Sec. Renumbered from Vernon's Ann.C.C.P. 2.20, eff. (4) if the defendant does not have a valid Texas driver's license or permit and is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty, an affidavit stating that the defendant was not taking a driving safety course or motorcycle operator training course, as appropriate, in another state on the date the request to take the course was made and had not completed such a course within the 12 months preceding the date of the offense. September 1, 2017. 977 (H.B. The fine would increase with each subsequent offense. (h) A child and parent required to appear before the court have an obligation to provide the court in writing with the current address and residence of the child. If the justice or judge determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the justice or judge shall determine whether the fine and costs should be: (1) subject to Subsection (b-2), required to be paid at some later date or in a specified portion at designated intervals; (2) discharged by performing community service under, as applicable, Article 45.049, Article 45.0492, as added by Chapter 227 (H.B. (i) Notwithstanding Subsection (e) or (g), a justice or municipal court that is located in the Texas-Louisiana border region, as defined by Section 2056.002, Government Code, may charge a reimbursement fee of $20 under those subsections. In 2013, more than 115,000 criminal truancy complaints were filed in Texas, according to the nonprofit Texas Appleseed. 122, Sec. 45.40 and amended by Acts 1999, 76th Leg., ch. 2, p. 317, ch. The term does not include a parent whose parental rights have been terminated. Amended by Acts 2001, 77th Leg., ch. 1098 (S.B. Acts 1965, 59th Leg., vol. (a) The defendant has a right to appear by counsel as in all other cases. He stares at the floor and mumbles, "Yes, I promise to do better.". 45.0492. 1545, Sec. Acts 2011, 82nd Leg., R.S., Ch. (d) If the defendant refuses to give a personal bond or, except as provided by Subsection (c), refuses or otherwise fails to give a bail bond, the defendant may be held in custody. 45.031 and amended by Acts 1999, 76th Leg., ch. 2, p. 317, ch. 346), Sec. Acts 2011, 82nd Leg., R.S., Ch. 868 (S.B. 722. 346), Sec. 681), Sec. Acts 2017, 85th Leg., R.S., Ch. 528), Sec. 1545, Sec. Acts 2011, 82nd Leg., R.S., Ch. Art. 45.023. (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; (2) employ one or more juvenile case managers who: (A) shall assist the court in administering the court's juvenile docket and in supervising the court's orders in juvenile cases; and, (i) prevention services to a child considered at risk of entering the juvenile justice system; and, (ii) intervention services to juveniles engaged in misconduct before cases are filed, excluding traffic offenses; or. Subject to veto by the governor, the following article was amended by the 88th Legislature. Sept. 1, 1999. 1480), Sec. . Zaid Yassin and his 5-year-old daughter, Fatima, came to Travis County Court in Austin, Texas, to defend Fatima's 23 missed days of school. (a) Not later than the 10th day after the date that the judgment is entered, a justice or judge may, for good cause shown, grant the defendant a new trial, whenever the justice or judge considers that justice has not been done the defendant in the trial of the case. (q) A notice to appear issued for an offense to which this article applies must inform a defendant charged with an offense under Section 472.022, Transportation Code, an offense under Subtitle C, Title 7, Transportation Code, or an offense under Section 729.001(a)(3), Transportation Code, committed while operating a motor vehicle of the defendant's right to complete a driving safety course or, if the offense was committed while operating a motorcycle, of the defendant's right to complete a motorcycle operator training course. But some school districts are resisting these reforms, says Whitmire: "I just think schools, unfortunately, are callous.". For purposes of this subsection, "family" has the meaning assigned by Section 71.003, Family Code. Speaking in Spanish, so his mother can understand, Edgar says he tries to learn but he forgets everything. 9, eff. 45.201. The right to complete a course does not apply to a defendant charged with: (1) a violation of Section 545.066, 550.022, or 550.023, Transportation Code; (3) an offense to which Section 542.404, Transportation Code, applies. 45.020. Truancy there is treated as a criminal offense, a class C misdemeanor. Sept. 1, 1995. Criminal proceedings in the justice and municipal courts shall be conducted in accordance with this chapter, including any other rules of procedure specifically made applicable to those proceedings by this chapter. Art. (b) The jurors when so summoned shall remain in attendance as jurors in all cases that may come up for hearing until discharged by the court. Art. APPEAL BOND. 27, eff. 1545, Sec. 9.02, eff. 1913), Sec. (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. 1545, Sec. September 1, 2021. 1139), Sec. 9.03, (1) if the court that issued the capias pro fine was a justice of the peace, a justice of the peace or a county criminal law magistrate with jurisdiction over Class C misdemeanors that is located within the same county as the issuing court; or. 10, eff. Acts 1965, 59th Leg., vol. GENERAL DEFINITION. 949 (H.B. 1964), Sec. Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. 351), Sec. 788 (H.B. Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 987, Sec. September 1, 2007. Sept. 1, 1999. 1504), Sec. She's a fierce critic of how adult courts treat students: "It's just pitiful.". art. SUBCHAPTER C. PROCEDURES IN JUSTICE COURT. TRUANCY COURT PROCEEDINGS SUBCHAPTER A. 520, Sec. (e) A defendant is considered to have discharged not less than $100 of fines or costs for each eight hours of community service performed under this article. 45.251 and amended by Acts 1999, 76th Leg., ch. (b) The county attorney of the county in which the municipality is situated may, if the county attorney so desires, also represent the state in such prosecutions. (c) amended by Acts 2003, 78th Leg., 3rd C.S., ch. But he doesn't know why the school considers these unexcused absences. 722. 14, eff. (b) A legible postmark affixed by the United States Postal Service is prima facie evidence of the date the document is deposited with the United States Postal Service. Sept. 1, 1995; Subsec. Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. For purposes of dismissing a charge under Section 502.407, Transportation Code, "day" does not include Saturday, Sunday, or a legal holiday. January 1, 2020. 3.0021(a), eff. Added by Acts 2003, 78th Leg., ch. (2) held a commercial driver's license when the offense was committed. September 1, 2015. 45.022. (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 assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases; and, (A) prevention services to a child considered at-risk of entering the juvenile justice system; and. Sept. 1, 1999. The group has compiled the most comprehensive study of school truancy in Texas. Experts who've studied truancy policies in Texas say it's rare for a parent or student to plead not guilty. 722. Acts 2021, 87th Leg., R.S., Ch. Art. Art. DIRECTED VERDICT. NEW TRIAL GRANTED. (a-1) Notwithstanding any other provision of law, as an alternative to requiring a defendant charged with one or more offenses to make payment of all fines and court costs as required by Subsection (a), the judge may: (1) allow the defendant to enter into an agreement for payment of those fines and costs in installments during the defendant's period of probation; (2) require an eligible defendant to discharge all or part of those fines and costs by performing community service or attending a tutoring program under Article 45.049 or under Article 45.0492, as added by Chapter 227 (H.B. Acts 2013, 83rd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. art. 9, eff. For purposes of this subsection, "electronic broadcast system" means a two-way electronic communication of image and sound between the defendant and the court and includes secure Internet videoconferencing. January 1, 2020. Acts 1965, 59th Leg., vol. Whenever complaint is made before any justice of the peace that a felony has been committed in any other than a county in which the complaint is made, the justice shall issue a warrant for the arrest of the accused, directed as in other cases, commanding that the accused be arrested and taken before any magistrate of the county where such felony is alleged to have been committed, forthwith, for examination as in other cases. SUBCHAPTER B. Amended by Acts 1967, 60th Leg., p. 1171, ch. 935 (H.B. 1121 (H.B. 1127 (S.B. 8, Sec. (f) added by Acts 1999, 76th Leg., ch. 1545, Sec. 24, eff. 1489), Sec. Acts 1965, 59th Leg., vol. (c) If the defendant resides in a county other than the county in which the alleged offense occurred, the defendant may, with leave of the judge of the court of original jurisdiction, enter the plea, including a plea under Article 45.052, before a judge in the county in which the defendant resides. September 1, 2013. WARRANT WITHOUT COMPLAINT. 16, eff. (u) Repealed by Acts 2021, 87th Leg., R.S., Ch. 777 (H.B. 5, eff. A case may not be transferred unless it is within the jurisdiction of the court to which it is transferred. September 1, 2017. State lawmakers, meanwhile, have called for a review of truancy policies. Sept. 1, 1999. An attorney representing the state may not proceed in a trial of an offense unless the law enforcement officer complied with the requirements of this subsection. Acts 2017, 85th Leg., R.S., Ch. Common punishments will include: Fines: Many misdemeanor crimes are solely punished with fines. 1545, Sec. 45.0491. RECONSIDERATION OF SATISFACTION OF FINE OR COSTS. art. In most states, missing a lot of school means a trip to the principal's office. 1257 (H.B. 393), Sec. Art. 37, eff. 3, eff. 4504, 88th Legislature, Regular Session, for amendments affecting the following section. 1, eff. September 1, 2021. 21, eff. 39, eff. 346), Sec. their children to school is a misdemeanor and carries a penalty of up to one year in jail and fines of up to $2,500. (f) The court shall order the conviction, together with all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged from the person's record if the court finds that: (1) for a person applying for the expunction of a conviction for an offense described by Section 8.07(a)(4) or (5), Penal Code, the person was not convicted of any other offense described by Section 8.07(a)(4) or (5), Penal Code, while the person was a child; and. 1964), Sec. (c) In the justice's or judge's order requiring a defendant to perform community service under this article, the justice or judge must specify: (d) The justice or judge may order the defendant to perform community service under this article: (d-1) An entity that accepts a defendant under this article to perform community service must agree to supervise, either on-site or remotely, the defendant in the performance of the defendant's community service and report on the defendant's community service to the justice or judge who ordered the service. Texas schools try to help students who miss too much school, but truants and their parents could still face legal consequences if they don't cooperate with those services. HB 2398, SECTION . 1127 (S.B. 1127 (S.B. 1545, Sec. 685 (H.B. 1, eff. (g) In addition to the reimbursement fee authorized by Subsection (e), the court may require a child who requests a teen court program to pay a $10 reimbursement fee to cover the cost to the teen court for performing its duties under this article. Making Justice and Municipal Courts into Juvenile Courts - A Good Idea with a few Drawbacks . Truancy there is treated as a criminal offense, a class C misdemeanor. 1545, Sec. Acts 2005, 79th Leg., Ch. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course.". 1545, Sec. 691 (H.B. 45.103. 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