By De La Garza, et al. H.B. No. 23
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to communications between law enforcement authorities and
1-3 school officials about certain crimes or gang activities; providing
1-4 a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 15, Code of Criminal Procedure, is
1-7 amended by adding Article 15.27 to read as follows:
1-8 Art. 15.27. NOTIFICATION TO SCHOOLS REQUIRED. (a) A law
1-9 enforcement agency that arrests or detains an individual who the
1-10 agency knows or believes is enrolled as a student in a public
1-11 primary or secondary school, for an offense listed in Subsection
1-12 (h) of this article, shall orally notify the superintendent or a
1-13 person designated by the superintendent in the school district in
1-14 which the student is enrolled or believed to be enrolled of that
1-15 arrest or detention within 24 hours after the arrest or detention,
1-16 or on the next school day. Within seven days after the date the
1-17 oral notice is given, the law enforcement agency shall mail written
1-18 notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
1-19 envelope, to the superintendent or the person designated by the
1-20 superintendent. The written notification must have the following
1-21 printed on its face in large, bold letters:
1-22 "WARNING: The information contained in this notice is
1-23 intended only to inform appropriate school personnel of
1-24 an arrest or detention of a student believed to be
2-1 enrolled in this school. An arrest or detention should
2-2 not be construed as proof that the student is guilty.
2-3 Guilt is determined in a court of law. THE INFORMATION
2-4 CONTAINED IN THIS NOTICE IS CONFIDENTIAL!"
2-5 (b) On conviction or on an adjudication of delinquent
2-6 conduct of an individual enrolled as a student in a public primary
2-7 or secondary school, for an offense or for any conduct listed in
2-8 Subsection (h) of this article, the office of the prosecuting
2-9 attorney acting in the case shall notify the superintendent or a
2-10 person designated by the superintendent in the school district in
2-11 which the student is enrolled of the conviction or adjudication.
2-12 Oral notification must be given within 24 hours of the time of the
2-13 determination of guilt, or on the next school day. Within seven
2-14 days after the date the oral notice is given, the office of the
2-15 prosecuting attorney shall mail written notice, which must contain
2-16 a statement of the offense of which the individual is convicted or
2-17 on which the adjudication is grounded.
2-18 (c) A parole or probation office having jurisdiction over a
2-19 student described by Subsection (a), (b), or (e) of this article
2-20 who is subsequently removed from a school and later returned to a
2-21 school or school district other than the one the student was
2-22 enrolled in when the arrest, detention, conviction, or adjudication
2-23 occurred shall notify the new school officials of the arrest or
2-24 detention in a manner similar to that provided for by Subsection
2-25 (a) or (e)(1) of this article, or of the conviction or delinquent
2-26 adjudication in a manner similar to that provided for by Subsection
2-27 (b) or (e)(2) of this article.
3-1 (d) The superintendent or a person designated by the
3-2 superintendent in the school district may send to a school
3-3 district employee having direct supervisory responsibility over the
3-4 student the information contained in the confidential notice if the
3-5 superintendent or the person designated by the superintendent
3-6 determines that the school district employee needs the information
3-7 for educational purposes or for the protection of the person
3-8 informed or others.
3-9 (e)(1) A law enforcement agency that arrests or detains an
3-10 individual that the law enforcement agency knows or believes is
3-11 enrolled as a student in a private primary or secondary school
3-12 shall make the oral and written notifications described by
3-13 Subsection (a) of this article to the principal or a school
3-14 employee designated by the principal of the school in which the
3-15 student is enrolled.
3-16 (2) On conviction or an adjudication of delinquent
3-17 conduct of an individual enrolled as a student in a private primary
3-18 or secondary school, the office of prosecuting attorney shall make
3-19 the oral and written notifications described by Subsection (b) of
3-20 this article to the principal or a school employee designated by
3-21 the principal of the school in which the student is enrolled.
3-22 (3) The principal of a private school in which the
3-23 student is enrolled or a school employee designated by the
3-24 principal may send to a school employee having direct supervisory
3-25 responsibility over the student the information contained in the
3-26 confidential notice, for the same purposes as described by
3-27 Subsection (d) of this article.
4-1 (f) A person who receives information under this article may
4-2 not disclose the information except as specifically authorized by
4-3 this article. A person who intentionally violates this article
4-4 commits an offense. An offense under this subsection is a Class C
4-5 misdemeanor.
4-6 (g) On receipt of a notice under this article, a school
4-7 official may take the precautions necessary to prevent further
4-8 violence in the school, on school property, or at school-sponsored
4-9 or school-related activities on or off school property, but may not
4-10 penalize a student solely because a notification is received about
4-11 the student.
4-12 (h) This article applies to:
4-13 (1) an offense listed in Section 8(c), Article 42.18,
4-14 Code of Criminal Procedure; reckless conduct, as described by
4-15 Section 22.05, Penal Code; or a terroristic threat, as described by
4-16 Section 22.07, Penal Code;
4-17 (2) the unlawful use, sale, or possession of a
4-18 controlled substance, drug paraphernalia, or marihuana, as defined
4-19 by Chapter 481, Health and Safety Code;
4-20 (3) the unlawful possession of any of the weapons or
4-21 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
4-22 weapon listed as a prohibited weapon under Section 46.06, Penal
4-23 Code; or
4-24 (4) a criminal offense under Section 71.02, Penal
4-25 Code.
4-26 SECTION 2. Subchapter I, Chapter 21, Education Code, is
4-27 amended by adding Section 21.303 to read as follows:
5-1 Sec. 21.303. REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY.
5-2 (a) The principal of a public or private primary or secondary
5-3 school, or a person designated by the principal under Subsection
5-4 (d) of this section, if the designation has been made, shall notify
5-5 the school district police department if one exists and the police
5-6 department of the municipality in which the school is located or,
5-7 if the school is not in a municipality, the sheriff of the county
5-8 in which the school is located if the principal has reasonable
5-9 grounds to believe that any of the following activities occur in
5-10 school, on school property, or at a school-sponsored or
5-11 school-related activity on or off school property, without regard
5-12 to whether the activity is investigated by school security
5-13 officers:
5-14 (1) conduct that may constitute an offense listed in
5-15 Section 8(c), Article 42.18, Code of Criminal Procedure; reckless
5-16 conduct, as described by Section 22.05, Penal Code; or a
5-17 terroristic threat, as described by Section 22.07, Penal Code;
5-18 (2) the use, sale, or possession of a controlled
5-19 substance, drug paraphernalia, or marihuana, as defined by Chapter
5-20 481, Health and Safety Code;
5-21 (3) the possession of any of the weapons or devices
5-22 listed in Sections 46.01(1)-(14) or (16), Penal Code; or a weapon
5-23 listed as a prohibited weapon under Section 46.06, Penal Code; or
5-24 (4) conduct that may constitute a criminal offense
5-25 under Section 71.02, Penal Code.
5-26 (b) A person who makes a notification under this section
5-27 shall include the name and address of each student the person
6-1 believes may have participated in the activity.
6-2 (c) A notification is not required under Subsection (a) of
6-3 this section if the person reasonably believes that the activity
6-4 does not constitute a criminal offense.
6-5 (d) The principal of a public or private primary or
6-6 secondary school may designate a school employee who is under the
6-7 supervision of the principal to make the reports required by this
6-8 section.
6-9 (e) A person is not liable in civil damages for reporting in
6-10 good faith as required by this section.
6-11 SECTION 3. Sections 51.14(a) and (d), Family Code, are
6-12 amended to read as follows:
6-13 (a) Except as provided by Subsection (e) of this section, or
6-14 by Article 15.27, Code of Criminal Procedure, all files and records
6-15 of a juvenile court, a clerk of court, or a prosecuting attorney
6-16 relating to a child who is a party to a proceeding under this title
6-17 are open to inspection only by:
6-18 (1) the judge, probation officers, and professional
6-19 staff or consultants of the juvenile court;
6-20 (2) an attorney for a party to the proceeding;
6-21 (3) a public or private agency or institution
6-22 providing supervision of the child by arrangement of the juvenile
6-23 court, or having custody of the child under juvenile court order;
6-24 or
6-25 (4) with leave of juvenile court, any other person,
6-26 agency, or institution having a legitimate interest in the
6-27 proceeding or in the work of the court.
7-1 (d) Except as provided by Article 15.27, Code of Criminal
7-2 Procedure, and except <Except> for files and records relating to a
7-3 charge for which a child is transferred under Section 54.02 of this
7-4 code to a criminal court for prosecution, the law-enforcement files
7-5 and records are not open to public inspection nor may their
7-6 contents be disclosed to the public, but inspection of the files
7-7 and records is permitted by:
7-8 (1) a juvenile court having the child before it in any
7-9 proceeding;
7-10 (2) an attorney for a party to the proceeding; and
7-11 (3) law-enforcement officers when necessary for the
7-12 discharge of their official duties.
7-13 SECTION 4. Chapter 21, Education Code, is amended by adding
7-14 Section 21.3031 to read as follows:
7-15 Sec. 21.3031. DESTRUCTION OF CERTAIN RECORDS. Information
7-16 received by a school district under Article 15.27, Code of Criminal
7-17 Procedure, may not be attached to the permanent academic file of
7-18 the student who is the subject of the report. The school district
7-19 shall destroy the information at the end of the academic year in
7-20 which the report was filed.
7-21 SECTION 5. This Act takes effect September 1, 1993, and
7-22 applies only to an arrest, detention, conviction, or delinquent
7-23 adjudication, suspected criminal activity, or street-gang-related
7-24 activity that occurs on or after that date.
7-25 SECTION 6. The importance of this legislation and the
7-26 crowded condition of the calendars in both houses create an
7-27 emergency and an imperative public necessity that the
8-1 constitutional rule requiring bills to be read on three several
8-2 days in each house be suspended, and this rule is hereby suspended.