Hopper Class C Bill Also Repeals Two Penal Code Defenses

The text as introduced · 3,023 words

89R13810 MCF-D

By: Hopper
H.B. No. 4846

A BILL TO BE ENTITLED

AN ACT

relating to the criminal procedures related to children who commit

certain Class C misdemeanors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 42.15(b), Code of Criminal Procedure, is

amended to read as follows:

(b) Subject to Subsection [ Subsections ] (c) [ and (d) ] and

Article 43.091, when imposing a fine and costs, a court may direct a

defendant:

(1) to pay the entire fine and costs when sentence is

pronounced;

(2) to pay the entire fine and costs at some later

date; or

(3) to pay a specified portion of the fine and costs at

designated intervals.

SECTION 2. The heading to Article 43.091, Code of Criminal

Procedure, is amended to read as follows:

Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR

CERTAIN DEFENDANTS [ AND FOR CHILDREN ].

SECTION 3. Article 43.091(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A court may waive payment of all or part of a fine

imposed on a defendant if the court determines that:

(1) the defendant is indigent or does not have

sufficient resources or income to pay all or part of the fine [ or

was, at the time the offense was committed, a child as defined by

Article 45A.453(a) ]; and

(2) each alternative method of discharging the fine

under Article 43.09 or 42.15 would impose an undue hardship on the

defendant.

SECTION 4. Article 45.305(b), Code of Criminal Procedure,

is amended to read as follows:

(b) A diversion strategy may be imposed under:

(1) an intermediate diversion under Article 45.309; or

(2) a diversion by a justice or judge under Article

45.310[ ; or

[ (3) a system of graduated sanctions for certain

school offenses under Section 37.144, Education Code ].

SECTION 5. Article 45A.251(b), Code of Criminal Procedure,

is amended to read as follows:

(b) Subject to Article [ Articles ] 45A.253(a) [ and (b) ] and

Article 45A.257, the justice or judge may direct the defendant:

(1) to pay:

(A) the entire fine and costs when the sentence

is pronounced;

(B) the entire fine and costs at a later date; or

(C) a specified portion of the fine and costs at

designated intervals;

(2) if applicable, to make restitution to a victim of

the offense; and

(3) to satisfy any other sanction authorized by law.

SECTION 6. Article 45A.257(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A municipal court, regardless of whether the court is a

court of record, or a justice court may waive payment of all or part

of a fine imposed on a defendant if the court determines that:

(1) the defendant [ :

[ (A) ] is indigent or does not have sufficient

resources or income to pay all or part of the fine; [ or

[ (B) was, at the time the offense was committed,

a child as defined by Article 45A.453(a); ] and

(2) discharging the fine under Article 45A.254 [ or as

otherwise authorized by this chapter ] would impose an undue

hardship on the defendant.

SECTION 7. Article 45A.401(b), Code of Criminal Procedure,

is amended to read as follows:

(b) A justice or municipal court may defer proceedings

against a defendant described by Subsection (a) for a period not to

exceed 180 days if the defendant:

(1) is charged with an offense that the court has

jurisdiction of under Article 4.11 or 4.14;

(2) with the defendant's parent, guardian, or managing

conservator present, pleads nolo contendere or guilty to the

offense in open court;

(3) presents to the court an oral or written request to

attend a teen court program [ or is recommended to attend the program

by a school employee under Section 37.146, Education Code ]; and

(4) has not successfully completed a teen court

program in the year preceding the date that the alleged offense

occurred.

SECTION 8. (a) This section takes effect only if the Act of

the 89th Legislature, Regular Session, 2025, relating to

nonsubstantive additions to and corrections in enacted codes

becomes law.

(b) Article 45A.451(a), Code of Criminal Procedure, is

amended to conform to Chapter 525 (H.B. 3186), Acts of the 88th

Legislature, Regular Session, 2023, and further amended to read as

follows:

(a) On approval of the commissioners court, governing body

of a municipality, 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 juvenile case manager or contract for a

juvenile case manager to provide services [ :

[ (A) ] in cases involving :

(A) youth diversion under Subchapter K; or

(B) children [ juvenile offenders who are ] before

a court consistent with the court's statutory powers; [ or

[ (B) to a juvenile who is referred to a court by a

school administrator or designee for misconduct that would

otherwise be within the court's statutory powers before a case is

filed, with the consent of the juvenile and the juvenile's parents

or guardians; ]

(2) employ or contract for the services of 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

(B) may provide youth diversion [ :

[ (i) prevention services to a child

considered at risk of entering the juvenile justice system; and

[ (ii) intervention ] services to a child

[ juvenile ] engaged in misconduct, excluding traffic offenses, if a

case has not yet been filed with respect to the misconduct; or

(3) agree in accordance with Chapter 791, Government

Code, with any appropriate governmental entity to jointly employ a

juvenile case manager , jointly contract for juvenile case manager

services, or [ to ] jointly contribute to the costs of a juvenile case

manager or juvenile case manager [ employed by one governmental

entity to provide ] services described by Subdivisions (1) and (2).

SECTION 9. (a) This section takes effect only if the Act of

the 89th Legislature, Regular Session, 2025, relating to

nonsubstantive additions to and corrections in enacted codes does

not become law.

(b) Articles 45A.451(a) and (d), Code of Criminal

Procedure, are amended to read as follows:

(a) On approval of the commissioners court, governing body

of a municipality, 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 [ :

[ (A) ] in cases involving juvenile offenders [ who

are ] before a court consistent with the court's statutory powers;

or

[ (B) to a juvenile who is referred to a court by a

school administrator or designee for misconduct that would

otherwise be within the court's statutory powers before a case is

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

[ (B) may provide:

[ (i) prevention services to a child

considered at risk of entering the juvenile justice system; and

[ (ii) intervention services to a juvenile

engaged in misconduct, excluding traffic offenses, if a case has

not yet been filed with respect to the misconduct; or

[ (3) ] agree in accordance with Chapter 791, Government

Code, with any appropriate governmental entity to jointly employ a

case manager or to jointly contribute to the costs of a case manager

employed by one governmental entity to provide services described

by Subdivision [ Subdivisions ] (1) [ and (2) ].

(d) An entity that jointly employs a case manager under

Subsection (a)(2) [ (a)(3) ] employs a juvenile case manager for

purposes of Chapter 102.

SECTION 10. (a) This section takes effect only if the Act

of the 89th Legislature, Regular Session, 2025, relating to

nonsubstantive additions to and corrections in enacted codes

becomes law.

(b) Article 45A.451(a-1), Code of Criminal Procedure, is

repealed to conform to the reenactment of Article 45.056(c), Code

of Criminal Procedure, by Chapter 525 (H.B. 3186), Acts of the 88th

Legislature, Regular Session, 2023.

SECTION 11. (a) This section takes effect only if the Act

of the 89th Legislature, Regular Session, 2025, relating to

nonsubstantive additions to and corrections in enacted codes does

not become law.

(b) Article 45A.451(a-1), Code of Criminal Procedure, is

amended to read as follows:

(a-1) A county or justice court on approval of the

commissioners court or a municipality or municipal court on

approval of the governing body of the municipality may employ one or

more juvenile case managers to [ who:

[ (1) shall ] assist the court in administering the

court's juvenile docket and in supervising the court's orders in

juvenile cases [ ; and

[ (2) may provide:

[ (A) prevention services to a child considered at

risk of entering the juvenile justice system; and

[ (B) intervention services to a juvenile engaged

in misconduct, excluding traffic offenses, if a case has not yet

been filed with respect to the misconduct ].

SECTION 12. Article 45A.453(h), Code of Criminal Procedure,

is amended to read as follows:

(h) Except as provided by Subsection (i) [ and Section

37.143(a), Education Code ], for a traffic offense or an offense

punishable by fine only, a law enforcement officer may issue a

citation as provided by Article 14.06 instead of taking a child into

custody.

SECTION 13. Article 45A.462(b), Code of Criminal Procedure,

is amended to read as follows:

(b) Except as provided by Article 15.27 and Subsection (c)

of this article, 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 who is charged with, is convicted of, is found not guilty

of, or had a charge dismissed for [ , or is granted deferred

disposition for ] a fine-only misdemeanor offense other than a

traffic offense are confidential and may not be disclosed to the

public.

SECTION 14. Section 25.0915(c), Education Code, is amended

to read as follows:

(c) A truancy court shall dismiss a petition filed by a

truant conduct prosecutor under Section 65.054, Family Code, if the

court determines that the school district's referral:

(1) [ does not comply with Subsection (b);

[ (2) ] does not satisfy the elements required for

truant conduct;

(2) [ (3) ] is not timely filed, unless the school

district delayed the referral under Section 25.0951(d); or

(3) [ (4) ] is otherwise substantively defective.

SECTION 15. 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,

or Article 45A.453, Code of Criminal Procedure, take a child into

custody [ ; and

[ (4) may dispose of cases in accordance with Section

52.03 or 52.031, Family Code ].

SECTION 16. Section 37.124(d), 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 17. Section 37.126(c), 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 18. The heading to Chapter 52, Family Code, is

amended to read as follows:

CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE

COURT

SECTION 19. 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 20. Section 52.031(a), Family Code, is amended to

read as follows:

(a) A juvenile board may establish a first offender program

under this section for the referral and disposition of children

taken into custody for [ , 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

[ (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,

location-restricted 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.

SECTION 21. Sections 52.031(d), (f), (i), and (j), Family

Code, as amended by Chapters 1407 (S.B. 393) and 1409 (S.B. 1114),

Acts of the 83rd Legislature, Regular Session, 2013, are reenacted

and amended to read as follows:

(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) ].

(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 ].

(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.

SECTION 22. Section 42.01(f), Penal Code, is amended to

read as follows:

(f) Subsections (a)(1), (2), (3), (5), and (6) do not apply

to a person who, at the time the person engaged in conduct

prohibited under the applicable subdivision, was a student in the

sixth grade or a lower grade level [ younger than 12 years of age ],

and the prohibited conduct occurred at a public school campus

during regular school hours.

SECTION 23. The following provisions are repealed:

(1) Articles 42.15(d), (e), and (f), Code of Criminal

Procedure;

(2) Articles 45A.253(b) and (c), Code of Criminal

Procedure;

(3) Sections 37.141, 37.142, 37.143, 37.144, 37.145,

37.146, and 37.147, Education Code;

(4) Sections 51.08(f) and 52.031(a-1), Family Code;

(5) Sections 8.07(d) and (e), Penal Code; and

(6) Section 8.08, Penal Code.

SECTION 24. 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

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 25. It is the intent of the 89th Legislature,

Regular Session, 2025, that the amendments made by this Act to

Article 45.305(b), Code of Criminal Procedure, be harmonized with

another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 26. This Act takes effect September 1, 2025.