By: West S.B. No. 805
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.