1-1 By: De La Garza, et al. (Senate Sponsor - Shelley) H.B. No. 23
1-2 (In the Senate - Received from the House April 21, 1993;
1-3 April 21, 1993, read first time and referred to Committee on
1-4 Criminal Justice; May 11, 1993, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to communications between law enforcement authorities and
1-18 school officials about certain crimes or gang activities; providing
1-19 a penalty.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Chapter 15, Code of Criminal Procedure, is
1-22 amended by adding Article 15.27 to read as follows:
1-23 Art. 15.27. NOTIFICATION TO SCHOOLS REQUIRED. (a) A law
1-24 enforcement agency that arrests or detains an individual who the
1-25 agency knows or believes is enrolled as a student in a public
1-26 primary or secondary school, for an offense listed in Subsection
1-27 (h) of this article, shall orally notify the superintendent or a
1-28 person designated by the superintendent in the school district in
1-29 which the student is enrolled or believed to be enrolled of that
1-30 arrest or detention within 24 hours after the arrest or detention,
1-31 or on the next school day. Within seven days after the date the
1-32 oral notice is given, the law enforcement agency shall mail written
1-33 notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
1-34 envelope, to the superintendent or the person designated by the
1-35 superintendent. The written notification must have the following
1-36 printed on its face in large, bold letters:
1-37 "WARNING: The information contained in this notice is
1-38 intended only to inform appropriate school personnel of
1-39 an arrest or detention of a student believed to be
1-40 enrolled in this school. An arrest or detention should
1-41 not be construed as proof that the student is guilty.
1-42 Guilt is determined in a court of law. THE INFORMATION
1-43 CONTAINED IN THIS NOTICE IS CONFIDENTIAL!"
1-44 (b) On conviction or on an adjudication of delinquent
1-45 conduct of an individual enrolled as a student in a public primary
1-46 or secondary school, for an offense or for any conduct listed in
1-47 Subsection (h) of this article, the office of the prosecuting
1-48 attorney acting in the case shall notify the superintendent or a
1-49 person designated by the superintendent in the school district in
1-50 which the student is enrolled of the conviction or adjudication.
1-51 Oral notification must be given within 24 hours of the time of the
1-52 determination of guilt, or on the next school day. Within seven
1-53 days after the date the oral notice is given, the office of the
1-54 prosecuting attorney shall mail written notice, which must contain
1-55 a statement of the offense of which the individual is convicted or
1-56 on which the adjudication is grounded.
1-57 (c) A parole or probation office having jurisdiction over a
1-58 student described by Subsection (a), (b), or (e) of this article
1-59 who is subsequently removed from a school and later returned to a
1-60 school or school district other than the one the student was
1-61 enrolled in when the arrest, detention, conviction, or adjudication
1-62 occurred shall notify the new school officials of the arrest or
1-63 detention in a manner similar to that provided for by Subsection
1-64 (a) or (e)(1) of this article, or of the conviction or delinquent
1-65 adjudication in a manner similar to that provided for by Subsection
1-66 (b) or (e)(2) of this article.
1-67 (d) The superintendent or a person designated by the
1-68 superintendent in the school district may send to a school
2-1 district employee having direct supervisory responsibility over the
2-2 student the information contained in the confidential notice if the
2-3 superintendent or the person designated by the superintendent
2-4 determines that the school district employee needs the information
2-5 for educational purposes or for the protection of the person
2-6 informed or others.
2-7 (e)(1) A law enforcement agency that arrests or detains an
2-8 individual that the law enforcement agency knows or believes is
2-9 enrolled as a student in a private primary or secondary school
2-10 shall make the oral and written notifications described by
2-11 Subsection (a) of this article to the principal or a school
2-12 employee designated by the principal of the school in which the
2-13 student is enrolled.
2-14 (2) On conviction or an adjudication of delinquent
2-15 conduct of an individual enrolled as a student in a private primary
2-16 or secondary school, the office of prosecuting attorney shall make
2-17 the oral and written notifications described by Subsection (b) of
2-18 this article to the principal or a school employee designated by
2-19 the principal of the school in which the student is enrolled.
2-20 (3) The principal of a private school in which the
2-21 student is enrolled or a school employee designated by the
2-22 principal may send to a school employee having direct supervisory
2-23 responsibility over the student the information contained in the
2-24 confidential notice, for the same purposes as described by
2-25 Subsection (d) of this article.
2-26 (f) A person who receives information under this article may
2-27 not disclose the information except as specifically authorized by
2-28 this article. A person who intentionally violates this article
2-29 commits an offense. An offense under this subsection is a Class C
2-30 misdemeanor.
2-31 (g) On receipt of a notice under this article, a school
2-32 official may take the precautions necessary to prevent further
2-33 violence in the school, on school property, or at school-sponsored
2-34 or school-related activities on or off school property, but may not
2-35 penalize a student solely because a notification is received about
2-36 the student.
2-37 (h) This article applies to:
2-38 (1) an offense listed in Section 8(c), Article 42.18,
2-39 Code of Criminal Procedure; reckless conduct, as described by
2-40 Section 22.05, Penal Code; or a terroristic threat, as described by
2-41 Section 22.07, Penal Code;
2-42 (2) the unlawful use, sale, or possession of a
2-43 controlled substance, drug paraphernalia, or marihuana, as defined
2-44 by Chapter 481, Health and Safety Code;
2-45 (3) the unlawful possession of any of the weapons or
2-46 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
2-47 weapon listed as a prohibited weapon under Section 46.06, Penal
2-48 Code; or
2-49 (4) a criminal offense under Section 71.02, Penal
2-50 Code.
2-51 SECTION 2. Subchapter I, Chapter 21, Education Code, is
2-52 amended by adding Section 21.303 to read as follows:
2-53 Sec. 21.303. REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY.
2-54 (a) The principal of a public or private primary or secondary
2-55 school, or a person designated by the principal under Subsection
2-56 (d) of this section, if the designation has been made, shall notify
2-57 the school district police department if one exists and the police
2-58 department of the municipality in which the school is located or,
2-59 if the school is not in a municipality, the sheriff of the county
2-60 in which the school is located if the principal has reasonable
2-61 grounds to believe that any of the following activities occur in
2-62 school, on school property, or at a school-sponsored or
2-63 school-related activity on or off school property, without regard
2-64 to whether the activity is investigated by school security
2-65 officers:
2-66 (1) conduct that may constitute an offense listed in
2-67 Section 8(c), Article 42.18, Code of Criminal Procedure; reckless
2-68 conduct, as described by Section 22.05, Penal Code; or a
2-69 terroristic threat, as described by Section 22.07, Penal Code;
2-70 (2) the use, sale, or possession of a controlled
3-1 substance, drug paraphernalia, or marihuana, as defined by Chapter
3-2 481, Health and Safety Code;
3-3 (3) the possession of any of the weapons or devices
3-4 listed in Sections 46.01(1)-(14) or (16), Penal Code; or a weapon
3-5 listed as a prohibited weapon under Section 46.06, Penal Code; or
3-6 (4) conduct that may constitute a criminal offense
3-7 under Section 71.02, Penal Code.
3-8 (b) A person who makes a notification under this section
3-9 shall include the name and address of each student the person
3-10 believes may have participated in the activity.
3-11 (c) A notification is not required under Subsection (a) of
3-12 this section if the person reasonably believes that the activity
3-13 does not constitute a criminal offense.
3-14 (d) The principal of a public or private primary or
3-15 secondary school may designate a school employee who is under the
3-16 supervision of the principal to make the reports required by this
3-17 section.
3-18 (e) A person is not liable in civil damages for reporting in
3-19 good faith as required by this section.
3-20 SECTION 3. Sections 51.14(a) and (d), Family Code, are
3-21 amended to read as follows:
3-22 (a) Except as provided by Subsection (e) of this section, or
3-23 by Article 15.27, Code of Criminal Procedure, all files and records
3-24 of a juvenile court, a clerk of court, or a prosecuting attorney
3-25 relating to a child who is a party to a proceeding under this title
3-26 are open to inspection only by:
3-27 (1) the judge, probation officers, and professional
3-28 staff or consultants of the juvenile court;
3-29 (2) an attorney for a party to the proceeding;
3-30 (3) a public or private agency or institution
3-31 providing supervision of the child by arrangement of the juvenile
3-32 court, or having custody of the child under juvenile court order;
3-33 or
3-34 (4) with leave of juvenile court, any other person,
3-35 agency, or institution having a legitimate interest in the
3-36 proceeding or in the work of the court.
3-37 (d) Except as provided by Article 15.27, Code of Criminal
3-38 Procedure, and except <Except> for files and records relating to a
3-39 charge for which a child is transferred under Section 54.02 of this
3-40 code to a criminal court for prosecution, the law-enforcement files
3-41 and records are not open to public inspection nor may their
3-42 contents be disclosed to the public, but inspection of the files
3-43 and records is permitted by:
3-44 (1) a juvenile court having the child before it in any
3-45 proceeding;
3-46 (2) an attorney for a party to the proceeding; and
3-47 (3) law-enforcement officers when necessary for the
3-48 discharge of their official duties.
3-49 SECTION 4. Chapter 21, Education Code, is amended by adding
3-50 Section 21.3031 to read as follows:
3-51 Sec. 21.3031. DESTRUCTION OF CERTAIN RECORDS. Information
3-52 received by a school district under Article 15.27, Code of Criminal
3-53 Procedure, may not be attached to the permanent academic file of
3-54 the student who is the subject of the report. The school district
3-55 shall destroy the information at the end of the academic year in
3-56 which the report was filed.
3-57 SECTION 5. This Act takes effect September 1, 1993, and
3-58 applies only to an arrest, detention, conviction, or delinquent
3-59 adjudication, suspected criminal activity, or street-gang-related
3-60 activity that occurs on or after that date.
3-61 SECTION 6. The importance of this legislation and the
3-62 crowded condition of the calendars in both houses create an
3-63 emergency and an imperative public necessity that the
3-64 constitutional rule requiring bills to be read on three several
3-65 days in each house be suspended, and this rule is hereby suspended.
3-66 * * * * *
3-67 Austin,
3-68 Texas
3-69 May 11, 1993
3-70 Hon. Bob Bullock
4-1 President of the Senate
4-2 Sir:
4-3 We, your Committee on Criminal Justice to which was referred H.B.
4-4 No. 23, have had the same under consideration, and I am instructed
4-5 to report it back to the Senate with the recommendation that it do
4-6 pass and be printed.
4-7 Whitmire,
4-8 Chairman
4-9 * * * * *
4-10 WITNESSES
4-11 FOR AGAINST ON
4-12 ___________________________________________________________________
4-13 Name: Larry Casto x
4-14 Representing: City of Dallas
4-15 City: Dallas
4-16 -------------------------------------------------------------------
4-17 Name: Patrick Francis x
4-18 Representing: Tx Assoc of School Boards
4-19 City: Austin
4-20 -------------------------------------------------------------------
4-21 Name: Mitch Sanchez x
4-22 Representing: Texas Assoc of School Adminis
4-23 City: Austin
4-24 -------------------------------------------------------------------
4-25 Name: Travis Ware x
4-26 Representing: Criminal DA's Office
4-27 City: Lubbock
4-28 -------------------------------------------------------------------
4-29 Name: Lon Curtis x
4-30 Representing: Texas Dept & Co Atty Assoc
4-31 City: Belton
4-32 -------------------------------------------------------------------
4-33 Name: David Barber x
4-34 Representing: City of Houston
4-35 City: Houston
4-36 -------------------------------------------------------------------