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.