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.