Text of section effective on January 01, 2025
Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45A.101, Code of Criminal Procedure:
(1) be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and
(2) be accompanied by a statement from a school employee stating:
(A) whether the child is eligible for or receives special services under Subchapter A, Chapter 29; and
(B) the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed.
(b) After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45A.457(e), Code of Criminal Procedure.
(c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45A.401, Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.040, eff. January 1, 2025.