H.B. No. 23
    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 takes into custody as provided
   1-10  by Chapter 52, Family Code, an individual who the agency knows or
   1-11  believes is enrolled as a student in a public primary or secondary
   1-12  school, for an offense listed in Subsection (h) of this article,
   1-13  shall orally notify the superintendent or a person designated by
   1-14  the superintendent  in the school district in which the student is
   1-15  enrolled or believed to be enrolled of that arrest or detention
   1-16  within 24 hours after the arrest or detention, or on the next
   1-17  school day.  Within seven days after the date the oral notice is
   1-18  given, the law enforcement agency shall mail written notification,
   1-19  marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the
   1-20  superintendent or the person designated by the superintendent.  The
   1-21  written notification must have the following printed on its face in
   1-22  large, bold letters:
   1-23        "WARNING:  The information contained in this notice is
   1-24        intended only to inform appropriate school personnel of
    2-1        an arrest or detention of a student believed to be
    2-2        enrolled in this school.  An arrest or detention should
    2-3        not be construed as proof that the student is guilty.
    2-4        Guilt is determined in a court of law.  THE INFORMATION
    2-5        CONTAINED IN THIS NOTICE IS CONFIDENTIAL!"
    2-6        (b)  On conviction or on an adjudication of delinquent
    2-7  conduct of an individual enrolled as a student in a public primary
    2-8  or secondary school, for an offense or for any conduct listed in
    2-9  Subsection (h) of this article, the office of the prosecuting
   2-10  attorney acting in the case shall notify the superintendent or a
   2-11  person designated by the superintendent in the school district in
   2-12  which the student is enrolled of the conviction or adjudication.
   2-13  Oral notification must be given within 24 hours of the time of the
   2-14  determination of guilt, or on the next school day.  Within seven
   2-15  days after the date the oral notice is given, the office of the
   2-16  prosecuting attorney shall mail written notice, which must contain
   2-17  a statement of the offense of which the individual is convicted or
   2-18  on which the adjudication is grounded.
   2-19        (c)  A parole or probation office having jurisdiction over a
   2-20  student described by Subsection (a), (b), or (e) of this article
   2-21  who transfers from a school or is subsequently removed from a
   2-22  school and later returned to a school or school district other than
   2-23  the one the student was enrolled in when the arrest, detention,
   2-24  conviction, or adjudication occurred shall notify the new school
   2-25  officials of the arrest or detention in a manner similar to that
   2-26  provided for by Subsection (a) or (e)(1) of this article, or of the
   2-27  conviction or delinquent adjudication in a manner similar to that
    3-1  provided for by Subsection (b) or (e)(2) of this article.
    3-2        (d)  The superintendent or a person designated by the
    3-3  superintendent  in the school district may send to a school
    3-4  district employee having direct supervisory responsibility over the
    3-5  student the information contained in the confidential notice if the
    3-6  superintendent or the person designated by the superintendent
    3-7  determines that the school district employee  needs the information
    3-8  for educational purposes or for the protection of the person
    3-9  informed or others.
   3-10        (e)(1)  A law enforcement agency that arrests or detains an
   3-11  individual that the law enforcement agency knows or believes is
   3-12  enrolled as a student in a private primary or secondary school
   3-13  shall make the oral and written notifications described by
   3-14  Subsection (a) of this article to the principal or a school
   3-15  employee designated by the principal of the school in which the
   3-16  student is enrolled.
   3-17              (2)  On conviction or an adjudication of delinquent
   3-18  conduct of an individual enrolled as a student in a private primary
   3-19  or secondary school, the office of prosecuting attorney shall make
   3-20  the oral and written notifications described by Subsection (b) of
   3-21  this article to the principal or a school employee designated by
   3-22  the principal of the school in which the student is enrolled.
   3-23              (3)  The principal of a private school in which the
   3-24  student is enrolled or a school employee designated by the
   3-25  principal may send to a school employee having direct supervisory
   3-26  responsibility over the student the information contained in the
   3-27  confidential notice, for the same purposes as described by
    4-1  Subsection (d) of this article.
    4-2        (f)  A person who receives information under this article may
    4-3  not disclose the information except as specifically authorized by
    4-4  this article.  A person who intentionally violates this article
    4-5  commits an offense.  An offense under this subsection is a Class C
    4-6  misdemeanor.
    4-7        (g)  On receipt of a notice under this article, a school
    4-8  official may take the precautions necessary to prevent further
    4-9  violence in the school, on school property, or at school-sponsored
   4-10  or school-related activities on or off school property, but may not
   4-11  penalize a student solely because a notification is received about
   4-12  the student.
   4-13        (h)  This article applies to:
   4-14              (1)  an offense listed in Section 8(c), Article 42.18,
   4-15  Code of Criminal Procedure; reckless conduct, as described by
   4-16  Section 22.05, Penal Code; or a terroristic threat, as described by
   4-17  Section 22.07, Penal Code;
   4-18              (2)  the unlawful use, sale, or possession of a
   4-19  controlled substance, drug paraphernalia, or marihuana, as defined
   4-20  by Chapter 481, Health and Safety Code;
   4-21              (3)  the unlawful possession of any of the weapons or
   4-22  devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
   4-23  weapon listed as a prohibited weapon under Section 46.06, Penal
   4-24  Code; or
   4-25              (4)  a criminal offense under Section 71.02, Penal
   4-26  Code.
   4-27        SECTION 2.  Subchapter I, Chapter 21, Education Code, is
    5-1  amended by adding Section 21.303 to read as follows:
    5-2        Sec. 21.303.  REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY.
    5-3  (a)  The principal of a public or private primary or secondary
    5-4  school, or a person designated by the principal under Subsection
    5-5  (d) of this section, if the designation has been made, shall notify
    5-6  the school district police department if one exists and the police
    5-7  department of the municipality in which the school is located or,
    5-8  if the school is not in a municipality, the sheriff of the county
    5-9  in which the school is located if the principal has reasonable
   5-10  grounds to believe that any of the following activities occur in
   5-11  school, on school property, or at a school-sponsored or
   5-12  school-related activity on or off school property, without regard
   5-13  to whether the activity is investigated by school security
   5-14  officers:
   5-15              (1)  conduct that may constitute an offense listed in
   5-16  Section 8(c), Article 42.18, Code of Criminal Procedure; reckless
   5-17  conduct, as described by Section 22.05, Penal Code; or a
   5-18  terroristic threat, as described by Section 22.07, Penal Code;
   5-19              (2)  the use, sale, or possession of a controlled
   5-20  substance, drug paraphernalia, or marihuana, as defined by Chapter
   5-21  481, Health and Safety Code;
   5-22              (3)  the possession of any of the weapons or devices
   5-23  listed in Sections 46.01(1)-(14) or (16), Penal Code; or a weapon
   5-24  listed as a prohibited weapon under Section 46.06, Penal Code; or
   5-25              (4)  conduct that may constitute a criminal offense
   5-26  under Section 71.02, Penal Code.
   5-27        (b)  A person who makes a notification under this section
    6-1  shall include the name and address of each student the person
    6-2  believes may have participated in the activity.
    6-3        (c)  A notification is not required under Subsection (a) of
    6-4  this section if the person reasonably believes that the activity
    6-5  does not constitute a criminal offense.
    6-6        (d)  The principal of a public or private primary or
    6-7  secondary school may designate a school employee who is under the
    6-8  supervision of the principal to make the reports required by this
    6-9  section.
   6-10        (e)  A person is not liable in civil damages for reporting in
   6-11  good faith as required by this section.
   6-12        SECTION 3.  Sections 51.14(a) and (d), Family Code, are
   6-13  amended to read as follows:
   6-14        (a)  Except as provided by Subsection (e) of this section, or
   6-15  by Article 15.27, Code of Criminal Procedure, all files and records
   6-16  of a juvenile court, a clerk of court, or a prosecuting attorney
   6-17  relating to a child who is a party to a proceeding under this title
   6-18  are open to inspection only by:
   6-19              (1)  the judge, probation officers, and professional
   6-20  staff or consultants of the juvenile court;
   6-21              (2)  an attorney for a party to the proceeding;
   6-22              (3)  a public or private agency or institution
   6-23  providing supervision of the child by arrangement of the juvenile
   6-24  court, or having custody of the child under juvenile court order;
   6-25  or
   6-26              (4)  with leave of juvenile court, any other person,
   6-27  agency, or institution having a legitimate interest in the
    7-1  proceeding or in the work of the court.
    7-2        (d)  Except as provided by Article 15.27, Code of Criminal
    7-3  Procedure, and except <Except> for files and records relating to a
    7-4  charge for which a child is transferred under Section 54.02 of this
    7-5  code to a criminal court for prosecution, the law-enforcement files
    7-6  and records are not open to public inspection nor may their
    7-7  contents be disclosed to the public, but inspection of the files
    7-8  and records is permitted by:
    7-9              (1)  a juvenile court having the child before it in any
   7-10  proceeding;
   7-11              (2)  an attorney for a party to the proceeding; and
   7-12              (3)  law-enforcement officers when necessary for the
   7-13  discharge of their official duties.
   7-14        SECTION 4.  Chapter 21, Education Code, is amended by adding
   7-15  Section 21.3031 to read as follows:
   7-16        Sec. 21.3031.  DESTRUCTION OF CERTAIN RECORDS.  Information
   7-17  received by a school district under Article 15.27, Code of Criminal
   7-18  Procedure, may not be attached to the permanent academic file of
   7-19  the student who is the subject of the report.  The school district
   7-20  shall destroy the information at the end of the academic year in
   7-21  which the report was filed.
   7-22        SECTION 5.  This Act takes effect September 1, 1993, and
   7-23  applies only to an arrest, detention, conviction, or delinquent
   7-24  adjudication, suspected criminal activity, or street-gang-related
   7-25  activity that occurs on or after that date.
   7-26        SECTION 6.  The importance of this legislation and the
   7-27  crowded condition of the calendars in both houses create an
    8-1  emergency   and   an   imperative   public   necessity   that   the
    8-2  constitutional rule requiring bills to be read on three several
    8-3  days in each house be suspended, and this rule is hereby suspended.