O-2016-3641 Chapter 42 "Miscellaneous Offenses" Revising Juvenile Curfew Regulations

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Sec. 42-74. - Defenses to prosecution under section 42-73. It is a defense to prosecution under section 42-73 that: (1) The minor was accompanied by his parent or guardian; (2) The minor was accompanied by an adult designated by his parent or guardian; (3) The minor was on an errand made necessary by an emergency; (4) The minor was attending a school, religious or government-sponsored activity or was traveling to or from a school, religious or government-sponsored activity; (5) The minor was engaged in a lawful employment activity or was going directly to or coming directly from lawful employment; (6) The minor was on the sidewalk of the place where he resides; (7) The minor was on an errand directed by his parent or guardian; (8) The minor was in a motor vehicle involved in intrastate or interstate transportation; (9) The minor was engaged in, participating in or traveling to or from any event, function or activity for which the application of section 42-73 would contravene his rights protected by the state or United States Constitutions; (10)The minor was married or had been married, or had disabilities of minority removed in accordance with Texas Family Code Chapter 31; or (11) With respect to the hours between 9:00 a.m. and 2:30 p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled; on a holiday observed by the closure of classes in the school in which the minor is enrolled; the minor has graduated from high school or received a high school equivalency certificate; or that the minor is home schooled and has permission from parent or guardian to be out in public. (12) That the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Sec. 42-75. - Supplemental effect of article. The provisions of this article are supplemental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles. Sec. 42-76. - Enforcement of article. Notwithstanding the penal effect of this article, the chief of police is encouraged to develop alternative enforcement strategies, which may include, but need not be limited to, the return of minors to their residences or schools, counseling with minors and their parents or guardians, the issuances of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in a uniform manner. 3