By:  Johnson                                          H.B. No. 2340
       73R783 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a report of certain conduct of a child by a court to
    1-3  the child's school; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 54, Family Code, is amended by adding
    1-6  Section 54.033 to read as follows:
    1-7        Sec. 54.033.  REPORT OF ADJUDICATION TO CHILD'S SCHOOL.  (a)
    1-8  If a court or jury finds at the conclusion of an adjudication
    1-9  hearing under Section 54.03 of this code that a child enrolled as a
   1-10  student in a public or private primary or secondary school engaged
   1-11  in conduct listed in Subsection (g) of this section, the clerk of
   1-12  the juvenile court not later than the seventh day after the date of
   1-13  the adjudication shall mail written notification of the
   1-14  adjudication containing a statement of the conduct on which the
   1-15  adjudication is grounded to the principal of the school in which
   1-16  the student is enrolled.
   1-17        (b)  The written notification required by Subsection (a) of
   1-18  this section must be marked "PERSONAL and CONFIDENTIAL" on the
   1-19  mailing envelope.  The notification must have the following printed
   1-20  on its face in large, bold letters:
   1-21        WARNING:  The information contained in this notice is
   1-22        intended only to inform the appropriate school
   1-23        personnel of a juvenile court adjudication of a student
   1-24        believed to be enrolled in this school.  This
    2-1        adjudication may not be a final adjudication and may be
    2-2        affirmed, reversed, or modified if the adjudication is
    2-3        appealed.  THE INFORMATION CONTAINED IN THIS NOTICE IS
    2-4        CONFIDENTIAL!
    2-5        (c)  A parole or probation office having jurisdiction over a
    2-6  student described in Subsection (a) of this section who
    2-7  subsequently enrolls in a school or school district other than the
    2-8  one the student was enrolled in when the adjudication occurred
    2-9  shall notify the new school officials of the adjudication in a
   2-10  manner similar to that provided by Subsections (a) and (b) of this
   2-11  section.
   2-12        (d)  On receipt of a notice under this section, a school
   2-13  official may take the precautions necessary to prevent further
   2-14  violence in the school, on school property, or at school-sponsored
   2-15  or school-related activities on or off school property, but may not
   2-16  penalize a student solely because a notification is received about
   2-17  the student.
   2-18        (e)  The school principal may send the information contained
   2-19  in the confidential notification to a teacher, counselor, or
   2-20  administrator having direct supervisory responsibility over the
   2-21  student if the principal determines that the teacher, counselor, or
   2-22  administrator needs the information for educational purposes or for
   2-23  the protection of the person informed or others.
   2-24        (f)  A person who receives information under this section may
   2-25  not disclose the information except as specifically authorized by
   2-26  this section.  A person who intentionally violates this section
   2-27  commits an offense.  An offense under this subsection is a Class C
    3-1  misdemeanor.
    3-2        (g)  This section applies to a child adjudicated as having
    3-3  engaged in conduct that included the violation of any of the
    3-4  following provisions of the Penal Code:
    3-5              (1)  murder (Section 19.02, Penal Code);
    3-6              (2)  capital murder (Section 19.03, Penal Code);
    3-7              (3)  aggravated kidnapping (Section 20.04, Penal Code);
    3-8              (4)  aggravated assault (Section 22.02, Penal Code);
    3-9              (5)  aggravated sexual assault (Section 22.021, Penal
   3-10  Code);
   3-11              (6)  deadly assault on a law enforcement officer,
   3-12  corrections officer, or court participant (Section 22.03, Penal
   3-13  Code);
   3-14              (7)  criminal attempt (Section 15.01, Penal Code) if
   3-15  the offense attempted was capital murder (Section 19.03, Penal
   3-16  Code);
   3-17              (8)  arson (Section 28.02, Penal Code);
   3-18              (9)  carrying a handgun or illegal knife (Section
   3-19  46.02, Penal Code); or
   3-20              (10)  possession of a prohibited weapon (Section 46.06,
   3-21  Penal Code).
   3-22        SECTION 2.  Chapter 42, Code of Criminal Procedure, is
   3-23  amended by adding Article 42.012 to read as follows:
   3-24        Art. 42.012.  NOTIFICATION TO SCHOOLS REQUIRED.  (a)  On
   3-25  conviction of an individual who is enrolled as a student in a
   3-26  public or private primary or secondary school for an offense listed
   3-27  in Subsection (g) of this article, the clerk of the court in which
    4-1  the conviction occurred not later than the seventh day after the
    4-2  date the judgment of conviction is entered of record by the trial
    4-3  judge shall mail written notification of the conviction containing
    4-4  a statement of the conduct on which the offense is grounded to the
    4-5  principal of the school in which the individual is enrolled.
    4-6        (b)  The written notification required under Subsection (a)
    4-7  of this article must be marked "PERSONAL and CONFIDENTIAL" on the
    4-8  mailing envelope.  The notification must have the following printed
    4-9  on its face in large, bold letters:
   4-10        WARNING:  The information contained in this notice is
   4-11        intended only to inform the appropriate school
   4-12        personnel of the conviction of a  student believed to
   4-13        be enrolled in this school.  This conviction may not be
   4-14        a final conviction and may be affirmed, reversed, or
   4-15        modified if the conviction is appealed.  THE
   4-16        INFORMATION CONTAINED IN THIS NOTICE IS CONFIDENTIAL!
   4-17        (c)  A parole or probation office having jurisdiction over a
   4-18  student described in Subsection (a) of this article who is
   4-19  subsequently removed from a school and later returned to a school
   4-20  or school district other than the one the student was enrolled in
   4-21  when the conviction occurred shall notify the new school officials
   4-22  of the conviction in a manner similar to that provided by
   4-23  Subsections (a) and (b) of this article.
   4-24        (d)  On receipt of a notice under this article, a school
   4-25  official may take the precautions necessary to prevent further
   4-26  violence in the school, on school property, or at school-sponsored
   4-27  or school-related activities on or off school property, but may not
    5-1  penalize a student solely because a notification is received about
    5-2  the student.
    5-3        (e)  The school principal may send the information contained
    5-4  in the confidential notification to a teacher, counselor, or
    5-5  administrator having direct supervisory responsibility over the
    5-6  student if the principal determines that the teacher, counselor, or
    5-7  administrator needs the information for educational purposes or for
    5-8  the protection of the person informed or others.
    5-9        (f)  A person who receives information under this article may
   5-10  not disclose the information except as specifically authorized by
   5-11  this article.  A person who intentionally violates this article
   5-12  commits an offense.  An offense under this subsection is a Class C
   5-13  misdemeanor.
   5-14        (g)  This article only applies to a child convicted  of one
   5-15  of the following offenses:
   5-16              (1)  murder (Section 19.02, Penal Code);
   5-17              (2)  capital murder (Section 19.03, Penal Code);
   5-18              (3)  aggravated kidnapping (Section 20.04, Penal Code);
   5-19              (4)  aggravated assault (Section 22.02, Penal Code);
   5-20              (5)  aggravated sexual assault (Section 22.021, Penal
   5-21  Code);
   5-22              (6)  deadly assault on a law enforcement officer,
   5-23  corrections officer, or court participant (Section 22.03, Penal
   5-24  Code);
   5-25              (7)  criminal attempt (Section 15.01, Penal Code) if
   5-26  the offense attempted was capital murder (Section 19.03, Penal
   5-27  Code);
    6-1              (8)  arson (Section 28.02, Penal Code);
    6-2              (9)  carrying a handgun or illegal knife (Section
    6-3  46.02, Penal Code); or
    6-4              (10)  possession of a prohibited weapon (Section 46.06,
    6-5  Penal Code).
    6-6        (h)  For purposes of this article, "child" has the meaning
    6-7  assigned by Section 51.02(1), Family Code.
    6-8        SECTION 3.  Section 51.14(d), Family Code, is amended to read
    6-9  as follows:
   6-10        (d)  Except as provided by Section 54.033 of this code and
   6-11  except for files and records relating to a charge for which a child
   6-12  is transferred under Section 54.02 of this code to a criminal court
   6-13  for prosecution, the law-enforcement files and records are not open
   6-14  to public inspection nor may their contents be disclosed to the
   6-15  public, but inspection of the files and records is permitted by:
   6-16              (1)  a juvenile court having the child before it in any
   6-17  proceeding;
   6-18              (2)  an attorney for a party to the proceeding; and
   6-19              (3)  law-enforcement officers when necessary for the
   6-20  discharge of their official duties.
   6-21        SECTION 4.  This Act takes effect September 1, 1993, and
   6-22  applies only to an adjudication or conviction that occurs on or
   6-23  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.