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.