Creighton’s bill bringing back school citations

The text as introduced · 647 words

By: Creighton
S.B. No. 1924

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of certain criminal offenses on school

property

SECTION 1. Section 37.143, Education Code, is amended to

read as follows:

Sec. 37.143. [ CITATION PROHIBITED; ] CUSTODY OF CHILD. [ (a)

A peace officer, law enforcement officer, or school resource

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.

SECTION 2. Section 37.144, Education Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) Except as provided by Subsection (a-1), a [ A ] school

district that commissions peace officers under Section 37.081 may

develop a system of graduated sanctions that the school district

may require to be imposed on a child before a complaint is filed

under Section 37.145 against the child for a school offense that is

an offense under Section 37.124 or 37.126 or under Section

42.01(a)(1), (2), (3), (4), or (5), Penal Code. A system adopted

under this section must include multiple graduated sanctions. The

system may require:

(1) a warning letter to be issued 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;

(2) a behavior contract with the child that must be

signed by the child, the child's parent or guardian, and an employee

of the school and that includes a specific description of the

behavior that is required or prohibited for the child and the

penalties for additional alleged school offenses, including

additional disciplinary action or the filing of a complaint in a

criminal court;

(3) the performance of school-based community service

by the child; and

(4) the referral of the child to counseling,

community-based services, or other in-school or out-of-school

services aimed at addressing the child's behavioral problems.

(a-1) A school district may not adopt a system of graduated

sanctions before filing a complaint under Section 37.145 against a

child for a school offense if the conduct that constituted the

offense:

(1) posed an imminent threat to a teacher's safety; or

(2) resulted in physical harm to a teacher.

SECTION 5. Section 37.145, Education Code, is amended to

read as follows:

Sec. 37.145. CITATION OR COMPLAINT. If a child is alleged

to have committed a school offense:

(1) a peace officer, law enforcement officer, or

school resource officer may issue a citation to the child; or

(2) [ If a child fails to comply with or complete

graduated sanctions under Section 37.144, or if the school district

has not elected to adopt a system of graduated sanctions under that

section, ] the school may file a complaint against the child with a

criminal court in accordance with Section 37.146 , if:

(A) the child fails to comply with or complete

graduated sanctions under Section 37.144; or

(B) the school district has not elected to adopt

a system of graduated sanctions under Section 37.144.

(3) the school shall file a complaint against the

child with a criminal court in accordance with Section 37.146, if:

(A) the school district may not impose graduated

sanctions under 37.144(a-1) .

SECTION 3. The change in law made by this Act applies 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 4. This Act takes effect September 1, 2025.