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;
(2) [the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
[(3)] conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
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 37.218, The following provisions of the Family Code 54.02 (Family Code 52, Family Code 54, The following provisions of the Family Code 54, Family Code 51, Family Code 37, Education Code 33)