By: De La Garza H.B. No. 23
72S40128 MLR-D
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 is enrolled as a student in a public or private
1-11 primary or secondary school, for an offense listed in Subsection
1-12 (g) of this article, shall orally notify the principal, assistant
1-13 principal, or individual responsible for discipline in the school
1-14 in which the student is enrolled of that arrest or detention within
1-15 24 hours after the arrest or detention, or on the next school day.
1-16 Within seven days after the date the oral notice is given, the law
1-17 enforcement agency shall mail written notification, marked
1-18 "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the school
1-19 principal. The written notification must have the following
1-20 printed on its face in large, bold letters:
1-21 "WARNING: The information contained in this notice is
1-22 intended only to inform appropriate school personnel of
1-23 an arrest or detention of a student believed to be
1-24 enrolled in this school. An arrest or detention should
2-1 not be construed as proof that the student is guilty.
2-2 Guilt is determined in a court of law. THE INFORMATION
2-3 CONTAINED IN THIS NOTICE IS CONFIDENTIAL!"
2-4 (b) On conviction or on an adjudication of delinquent
2-5 conduct of an individual enrolled as a student in a public or
2-6 private primary or secondary school, for an offense or for any
2-7 conduct listed in Subsection (g) of this article, the office of the
2-8 prosecuting attorney acting in the case shall notify the principal,
2-9 assistant principal, or individual responsible for discipline in
2-10 the school in which the student is enrolled of the conviction or
2-11 adjudication. Oral notification must be given within 24 hours of
2-12 the time of the determination of guilt. Within seven days after
2-13 the date the oral notice is given, the office of the prosecuting
2-14 attorney shall mail written notice, which must contain a statement
2-15 of the offense of which the individual is convicted or on which the
2-16 adjudication is grounded.
2-17 (c) A parole or probation office having jurisdiction over a
2-18 student described by Subsection (a) or (b) of this article who is
2-19 subsequently removed from a school and later returned to a school
2-20 or school district other than the one the student was enrolled in
2-21 when the arrest, detention, conviction, or adjudication occurred
2-22 shall notify the new school officials of the arrest or detention in
2-23 a manner similar to that provided for by Subsection (a) of this
2-24 article, or of the conviction or delinquent adjudication in a
2-25 manner similar to that provided for by Subsection (b) of this
2-26 article.
2-27 (d) The school principal, assistant principal, or individual
3-1 responsible for discipline in the school may send to a teacher,
3-2 counselor, or administrator having direct supervisory
3-3 responsibility over the student the information contained in the
3-4 confidential notice if the principal, assistant principal, or
3-5 individual determines that the teacher, counselor, or administrator
3-6 needs the information for educational purposes or for the
3-7 protection of the person informed or others.
3-8 (e) A person who receives information under this article may
3-9 not disclose the information except as specifically authorized by
3-10 this article. A person who intentionally violates this article
3-11 commits an offense. An offense under this subsection is a Class C
3-12 misdemeanor.
3-13 (f) On receipt of a notice under this article, a school
3-14 official may take the precautions necessary to prevent further
3-15 violence in the school, on school property, or at school-sponsored
3-16 or school-related activities on or off school property, but may not
3-17 penalize a student solely because a notification is received about
3-18 the student.
3-19 (g) This article applies to:
3-20 (1) an offense listed in Section 8(c), Article 42.18,
3-21 Code of Criminal Procedure; reckless conduct, as described by
3-22 Section 22.05, Penal Code; or a terroristic threat, as described by
3-23 Section 22.07, Penal Code;
3-24 (2) the unlawful use, sale, or possession of a
3-25 controlled substance, drug paraphernalia, or marihuana, as defined
3-26 by Chapter 481, Health and Safety Code;
3-27 (3) the unlawful possession of any of the weapons or
4-1 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
4-2 weapon listed as a prohibited weapon under Section 46.06, Penal
4-3 Code; or
4-4 (4) a criminal offense resulting from participation in
4-5 a criminal street gang defined by Section 71.01, Penal Code.
4-6 SECTION 2. Subchapter I, Chapter 21, Education Code, is
4-7 amended by adding Section 21.303 to read as follows:
4-8 Sec. 21.303. REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY.
4-9 (a) The principal of a public or private primary or secondary
4-10 school, or a person designated by the principal under Subsection
4-11 (d) of this section, if the designation has been made, shall notify
4-12 the police department of the municipality in which the school is
4-13 located or, if the school is not in a municipality, the sheriff of
4-14 the county in which the school is located if the principal has
4-15 reasonable grounds to believe that any of the following activities
4-16 occur in school, on school property, or at a school-sponsored or
4-17 school-related activity on or off school property, without regard
4-18 to whether the activity is investigated by school security
4-19 officers:
4-20 (1) conduct that may constitute an offense listed in
4-21 Section 8(c), Article 42.18, Code of Criminal Procedure; reckless
4-22 conduct, as described by Section 22.05, Penal Code; or a
4-23 terroristic threat, as described by Section 22.07, Penal Code;
4-24 (2) the use, sale, or possession of a controlled
4-25 substance, drug paraphernalia, or marihuana, as defined by Chapter
4-26 481, Health and Safety Code;
4-27 (3) the possession of any of the weapons or devices
5-1 listed in Sections 46.01(1)-(14) or (16), Penal Code; or a weapon
5-2 listed as a prohibited weapon under Section 46.06, Penal Code; or
5-3 (4) conduct that may constitute a criminal offense
5-4 resulting from participation in a "criminal street gang" as defined
5-5 by Section 71.01, Penal Code.
5-6 (b) A person who makes a notification under this section
5-7 shall include the name and address of each student the person
5-8 believes may have participated in the activity.
5-9 (c) A notification is not required under Subsection (a) of
5-10 this section if the person reasonably believes that the activity
5-11 does not constitute a criminal offense.
5-12 (d) The principal of a public or private primary or
5-13 secondary school may designate a school employee who is under the
5-14 supervision of the principal to make the reports required by this
5-15 section.
5-16 (e) A person is not liable in civil damages for reporting in
5-17 good faith as required by this section.
5-18 SECTION 3. Sections 51.14(a) and (d), Family Code, are
5-19 amended to read as follows:
5-20 (a) Except as provided by Subsection (e) of this section, or
5-21 by Article 15.27, Code of Criminal Procedure, all files and records
5-22 of a juvenile court, a clerk of court, or a prosecuting attorney
5-23 relating to a child who is a party to a proceeding under this title
5-24 are open to inspection only by:
5-25 (1) the judge, probation officers, and professional
5-26 staff or consultants of the juvenile court;
5-27 (2) an attorney for a party to the proceeding;
6-1 (3) a public or private agency or institution
6-2 providing supervision of the child by arrangement of the juvenile
6-3 court, or having custody of the child under juvenile court order;
6-4 or
6-5 (4) with leave of juvenile court, any other person,
6-6 agency, or institution having a legitimate interest in the
6-7 proceeding or in the work of the court.
6-8 (d) Except as provided by Article 15.27, Code of Criminal
6-9 Procedure, and except <Except> for files and records relating to a
6-10 charge for which a child is transferred under Section 54.02 of this
6-11 code to a criminal court for prosecution, the law-enforcement files
6-12 and records are not open to public inspection nor may their
6-13 contents be disclosed to the public, but inspection of the files
6-14 and records is permitted by:
6-15 (1) a juvenile court having the child before it in any
6-16 proceeding;
6-17 (2) an attorney for a party to the proceeding; and
6-18 (3) law-enforcement officers when necessary for the
6-19 discharge of their official duties.
6-20 SECTION 4. This Act takes effect September 1, 1993, and
6-21 applies only to an arrest, detention, conviction, or delinquent
6-22 adjudication, suspected criminal activity, or street-gang-related
6-23 activity that occurs on or after that date.
6-24 SECTION 5. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended.