By: West S.B. No. 805
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a report of certain conduct of a child by a court to
1-2 the child's school; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 54, Family Code, is amended by adding
1-5 Section 54.033 to read as follows:
1-6 Sec. 54.033. REPORT OF ADJUDICATION TO CHILD'S SCHOOL.
1-7 (a) If a court or jury finds at the conclusion of an adjudication
1-8 hearing under Section 54.03 of this code that a child enrolled as a
1-9 student in a public or private primary or secondary school engaged
1-10 in conduct listed in Subsection (g) of this section, the clerk of
1-11 the juvenile court, not later than the seventh day after the date
1-12 of the adjudication, shall mail written notification of the
1-13 adjudication containing a statement of the conduct on which the
1-14 adjudication is grounded to the principal of the school in which
1-15 the student is enrolled.
1-16 (b) The written notification required by Subsection (a) of
1-17 this section must be marked "PERSONAL and CONFIDENTIAL" on the
1-18 mailing envelope. The notification must have the following printed
1-19 on its face in large, bold letters:
1-20 WARNING: The information contained in this notice is
1-21 intended only to inform the appropriate school
1-22 personnel of a juvenile court adjudication of a student
1-23 believed to be enrolled in this school. This
1-24 adjudication may not be a final adjudication and may be
2-1 affirmed, reversed, or modified if the adjudication is
2-2 appealed. THE INFORMATION CONTAINED IN THIS NOTICE IS
2-3 CONFIDENTIAL!
2-4 (c) A parole or probation office having jurisdiction over a
2-5 student described in Subsection (a) of this section who
2-6 subsequently enrolls in a school or school district other than the
2-7 one the student was enrolled in when the adjudication occurred
2-8 shall notify the new school officials of the adjudication in a
2-9 manner similar to that provided by Subsections (a) and (b) of this
2-10 section.
2-11 (d) On receipt of a notice under this section, a school
2-12 official may take the precautions necessary to prevent further
2-13 violence in the school, on school property, or at school-sponsored
2-14 or school-related activities on or off school property but may not
2-15 penalize a student solely because a notification is received about
2-16 the student.
2-17 (e) The school principal may send the information contained
2-18 in the confidential notification to a teacher, counselor, or
2-19 administrator having direct supervisory responsibility over the
2-20 student if the principal determines that the teacher, counselor, or
2-21 administrator needs the information for educational purposes or for
2-22 the protection of the person informed or others.
2-23 (f) A person who receives information under this section may
2-24 not disclose the information except as specifically authorized by
2-25 this section. A person who intentionally violates this section
2-26 commits an offense. An offense under this subsection is a Class C
2-27 misdemeanor.
3-1 (g) This section applies to a child adjudicated as having
3-2 engaged in conduct that included the violation of any of the
3-3 following provisions of the Penal Code:
3-4 (1) murder (Section 19.02, Penal Code);
3-5 (2) capital murder (Section 19.03, Penal Code);
3-6 (3) aggravated kidnapping (Section 20.04, Penal Code);
3-7 (4) aggravated assault (Section 22.02, Penal Code);
3-8 (5) aggravated sexual assault (Section 22.021, Penal
3-9 Code);
3-10 (6) deadly assault on a law enforcement officer,
3-11 corrections officer, or court participant (Section 22.03, Penal
3-12 Code);
3-13 (7) criminal attempt (Section 15.01, Penal Code) if
3-14 the offense attempted was capital murder (Section 19.03, Penal
3-15 Code);
3-16 (8) arson (Section 28.02, Penal Code);
3-17 (9) carrying a handgun or illegal knife (Section
3-18 46.02, Penal Code); or
3-19 (10) possession of a prohibited weapon (Section 46.06,
3-20 Penal Code).
3-21 SECTION 2. Chapter 42, Code of Criminal Procedure, is
3-22 amended by adding Article 42.012 to read as follows:
3-23 Art. 42.012. NOTIFICATION TO SCHOOLS REQUIRED. (a) On
3-24 conviction of an individual who is enrolled as a student in a
3-25 public or private primary or secondary school for an offense listed
3-26 in Subsection (g) of this article, the clerk of the court in which
3-27 the conviction occurred, not later than the seventh day after the
4-1 date the judgment of conviction is entered of record by the trial
4-2 judge, shall mail written notification of the conviction containing
4-3 a statement of the conduct on which the offense is grounded to the
4-4 principal of the school in which the individual is enrolled.
4-5 (b) The written notification required under Subsection (a)
4-6 of this article must be marked "PERSONAL and CONFIDENTIAL" on the
4-7 mailing envelope. The notification must have the following printed
4-8 on its face in large, bold letters:
4-9 WARNING: The information contained in this notice is
4-10 intended only to inform the appropriate school
4-11 personnel of the conviction of a student believed to
4-12 be enrolled in this school. This conviction may not be
4-13 a final conviction and may be affirmed, reversed, or
4-14 modified if the conviction is appealed. THE
4-15 INFORMATION CONTAINED IN THIS NOTICE IS CONFIDENTIAL!
4-16 (c) A parole or probation office having jurisdiction over a
4-17 student described in Subsection (a) of this article who is
4-18 subsequently removed from a school and later returned to a school
4-19 or school district other than the one the student was enrolled in
4-20 when the conviction occurred shall notify the new school officials
4-21 of the conviction in a manner similar to that provided by
4-22 Subsections (a) and (b) of this article.
4-23 (d) On receipt of a notice under this article, a school
4-24 official may take the precautions necessary to prevent further
4-25 violence in the school, on school property, or at school-sponsored
4-26 or school-related activities on or off school property but may not
4-27 penalize a student solely because a notification is received about
5-1 the student.
5-2 (e) The school principal may send the information contained
5-3 in the confidential notification to a teacher, counselor, or
5-4 administrator having direct supervisory responsibility over the
5-5 student if the principal determines that the teacher, counselor, or
5-6 administrator needs the information for educational purposes or for
5-7 the protection of the person informed or others.
5-8 (f) A person who receives information under this article may
5-9 not disclose the information except as specifically authorized by
5-10 this article. A person who intentionally violates this article
5-11 commits an offense. An offense under this subsection is a Class C
5-12 misdemeanor.
5-13 (g) This article only applies to a child convicted of one
5-14 of the following offenses:
5-15 (1) murder (Section 19.02, Penal Code);
5-16 (2) capital murder (Section 19.03, Penal Code);
5-17 (3) aggravated kidnapping (Section 20.04, Penal Code);
5-18 (4) aggravated assault (Section 22.02, Penal Code);
5-19 (5) aggravated sexual assault (Section 22.021, Penal
5-20 Code);
5-21 (6) deadly assault on a law enforcement officer,
5-22 corrections officer, or court participant (Section 22.03, Penal
5-23 Code);
5-24 (7) criminal attempt (Section 15.01, Penal Code) if
5-25 the offense attempted was capital murder (Section 19.03, Penal
5-26 Code);
5-27 (8) arson (Section 28.02, Penal Code);
6-1 (9) carrying a handgun or illegal knife (Section
6-2 46.02, Penal Code); or
6-3 (10) possession of a prohibited weapon (Section 46.06,
6-4 Penal Code).
6-5 (h) For purposes of this article, "child" has the meaning
6-6 assigned by Section 51.02(1), Family Code.
6-7 SECTION 3. Subsection (d), Section 51.14, Family Code, is
6-8 amended to read as follows:
6-9 (d) Except as provided by Section 54.033 of this code and
6-10 except for files and records relating to a charge for which a child
6-11 is transferred under Section 54.02 of this code to a criminal court
6-12 for prosecution, the law-enforcement files and records are not open
6-13 to public inspection nor may their contents be disclosed to the
6-14 public, but inspection of the files 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 adjudication or conviction that occurs on or
6-22 after that date.
6-23 SECTION 5. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
6-27 days in each house be suspended, and this rule is hereby suspended.