88(R) HB 77 - Engrossed version - Bill Text
  88R222 ADM-D
 
  By:  Neave Criado, Garcia, Gonz  lez of Dallas H.B.  No.  77
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to status offenses committed by a child, including the
  repeal of the status offense of a child voluntarily running away
  from home.
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
               SECTION  1.    Article 45.0216(f), Code of Criminal Procedure,
  is amended to read as follows:
               (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
                           (2)    for a person applying for the expunction of a
  conviction for an offense described by Section 43.261, Penal Code,
  the person was not found to have engaged in conduct indicating a
  need for supervision described by Section 51.03(b)(5)
  [51.03(b)(6)], Family Code, while the person was a child.
               SECTION  2.    Section 33.051(2), Education Code, is amended to
  read as follows:
                           (2)    "Missing child" means a child whose whereabouts
  are unknown to the legal custodian of the child and:
                                       (A)    the circumstances of whose absence indicate
  that the child did not voluntarily leave the care and control of the
  custodian and that the taking of the child was not authorized by
  law; or
                                       (B)    the child has voluntarily left the child's
  home without the consent of the custodian for a substantial length
  of time or without intent to return [engaged in conduct indicating a
  need for supervision under Section 51.03(b)(2), Family Code].
               SECTION  3.    Section 51.02, Family Code, is amended by
  amending Subdivision (15) and adding Subdivision (15-a) to read as
  follows:
                           (15)    "Status offender" means a child who is accused,
  adjudicated, or convicted of a status offense.
                           (15-a)    "Status offense"  means  [for] conduct a child
  commits that would not, under state law, be a crime if committed by
  an adult, including:
                                       (A)    [running away from home under Section
  51.03(b)(2);
                                       [(B)] a fineable only offense under Section
  51.03(b)(1) transferred to the juvenile court under Section
  51.08(b), but only if the conduct constituting the offense would
  not have been criminal if engaged in by an adult;
                                       (B)  [(C)]    a violation of standards of student
  conduct as described by Section 51.03(b)(3) [51.03(b)(4)];
                                       (C)  [(D)]    a violation of a juvenile curfew
  ordinance or order;
                                       (D)  [(E)]    a violation of a provision of the
  Alcoholic Beverage Code applicable to minors only; or
                                       (E)  [(F)]    a violation of any other fineable only
  offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
  conduct constituting the offense would not have been criminal if
  engaged in by an adult.
               SECTION  4.    Section 51.03(b), Family Code, is amended to
  read as follows:
               (b)    Conduct indicating a need for supervision is:
                           (1)    subject to Subsection (f), conduct, other than a
  traffic offense, that violates:
                                       (A)    the penal laws of this state of the grade of
  misdemeanor that are punishable by fine only; or
                                       (B)    the penal ordinances of any political
  subdivision of this state;
        &

Statutes affected:
Introduced: Education Code 33.051, Family Code 51.03, Family Code 51.12, Family Code 51.13, Family Code 52.02, Family Code 54.011, Family Code 54.04, Family Code 54.0404, Family Code 59.003, The following provisions of the Family Code 54.02 (Family Code 52, Family Code 59, Education Code 33, Family Code 51, The following provisions of the Family Code 54, Family Code 54)
House Committee Report: Education Code 33.051, Family Code 51.03, Family Code 51.12, Family Code 51.13, Family Code 52.02, Family Code 54.011, Family Code 54.04, Family Code 54.0404, Family Code 59.003, The following provisions of the Family Code 54.02 (Family Code 52, Family Code 59, Education Code 33, Family Code 51, The following provisions of the Family Code 54, Family Code 54)
Engrossed: Education Code 33.051, Family Code 51.03, Family Code 51.12, Family Code 51.13, Family Code 52.02, Family Code 54.011, Family Code 54.04, Family Code 54.0404, Family Code 59.003, The following provisions of the Family Code 54.02 (Family Code 52, Family Code 59, Education Code 33, Family Code 51, The following provisions of the Family Code 54, Family Code 54)