1-1 By: West S.B. No. 805 1-2 (In the Senate - Filed March 10, 1993; March 15, 1993, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 April 28, 1993, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; April 28, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Whitmire x 1-9 Brown x 1-10 Nelson x 1-11 Sibley x 1-12 Sims x 1-13 Turner x 1-14 West x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to a report of certain conduct of a child by a court to 1-18 the child's school; providing a penalty. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. Chapter 54, Family Code, is amended by adding 1-21 Section 54.033 to read as follows: 1-22 Sec. 54.033. REPORT OF ADJUDICATION TO CHILD'S SCHOOL. 1-23 (a) If a court or jury finds at the conclusion of an adjudication 1-24 hearing under Section 54.03 of this code that a child enrolled as a 1-25 student in a public or private primary or secondary school engaged 1-26 in conduct listed in Subsection (g) of this section, the clerk of 1-27 the juvenile court, not later than the seventh day after the date 1-28 of the adjudication, shall mail written notification of the 1-29 adjudication containing a statement of the conduct on which the 1-30 adjudication is grounded to the principal of the school in which 1-31 the student is enrolled. 1-32 (b) The written notification required by Subsection (a) of 1-33 this section must be marked "PERSONAL and CONFIDENTIAL" on the 1-34 mailing envelope. The notification must have the following printed 1-35 on its face in large, bold letters: 1-36 WARNING: The information contained in this notice is 1-37 intended only to inform the appropriate school 1-38 personnel of a juvenile court adjudication of a student 1-39 believed to be enrolled in this school. This 1-40 adjudication may not be a final adjudication and may be 1-41 affirmed, reversed, or modified if the adjudication is 1-42 appealed. THE INFORMATION CONTAINED IN THIS NOTICE IS 1-43 CONFIDENTIAL! 1-44 (c) A parole or probation office having jurisdiction over a 1-45 student described in Subsection (a) of this section who 1-46 subsequently enrolls in a school or school district other than the 1-47 one the student was enrolled in when the adjudication occurred 1-48 shall notify the new school officials of the adjudication in a 1-49 manner similar to that provided by Subsections (a) and (b) of this 1-50 section. 1-51 (d) On receipt of a notice under this section, a school 1-52 official may take the precautions necessary to prevent further 1-53 violence in the school, on school property, or at school-sponsored 1-54 or school-related activities on or off school property but may not 1-55 penalize a student solely because a notification is received about 1-56 the student. 1-57 (e) The school principal may send the information contained 1-58 in the confidential notification to a teacher, counselor, or 1-59 administrator having direct supervisory responsibility over the 1-60 student if the principal determines that the teacher, counselor, or 1-61 administrator needs the information for educational purposes or for 1-62 the protection of the person informed or others. 1-63 (f) A person who receives information under this section may 1-64 not disclose the information except as specifically authorized by 1-65 this section. A person who intentionally violates this section 1-66 commits an offense. An offense under this subsection is a Class C 1-67 misdemeanor. 1-68 (g) This section applies to a child adjudicated as having 2-1 engaged in conduct that included the violation of any of the 2-2 following provisions of the Penal Code: 2-3 (1) murder (Section 19.02, Penal Code); 2-4 (2) capital murder (Section 19.03, Penal Code); 2-5 (3) aggravated kidnapping (Section 20.04, Penal Code); 2-6 (4) aggravated assault (Section 22.02, Penal Code); 2-7 (5) aggravated sexual assault (Section 22.021, Penal 2-8 Code); 2-9 (6) deadly assault on a law enforcement officer, 2-10 corrections officer, or court participant (Section 22.03, Penal 2-11 Code); 2-12 (7) criminal attempt (Section 15.01, Penal Code) if 2-13 the offense attempted was capital murder (Section 19.03, Penal 2-14 Code); 2-15 (8) arson (Section 28.02, Penal Code); 2-16 (9) carrying a handgun or illegal knife (Section 2-17 46.02, Penal Code); or 2-18 (10) possession of a prohibited weapon (Section 46.06, 2-19 Penal Code). 2-20 SECTION 2. Chapter 42, Code of Criminal Procedure, is 2-21 amended by adding Article 42.012 to read as follows: 2-22 Art. 42.012. NOTIFICATION TO SCHOOLS REQUIRED. (a) On 2-23 conviction of an individual who is enrolled as a student in a 2-24 public or private primary or secondary school for an offense listed 2-25 in Subsection (g) of this article, the clerk of the court in which 2-26 the conviction occurred not later than the seventh day after the 2-27 date the judgment of conviction is entered of record by the trial 2-28 judge shall mail written notification of the conviction containing 2-29 a statement of the conduct on which the offense is grounded to the 2-30 principal of the school in which the individual is enrolled. 2-31 (b) The written notification required under Subsection (a) 2-32 of this article must be marked "PERSONAL and CONFIDENTIAL" on the 2-33 mailing envelope. The notification must have the following printed 2-34 on its face in large, bold letters: 2-35 WARNING: The information contained in this notice is 2-36 intended only to inform the appropriate school 2-37 personnel of the conviction of a student believed to 2-38 be enrolled in this school. This conviction may not be 2-39 a final conviction and may be affirmed, reversed, or 2-40 modified if the conviction is appealed. THE 2-41 INFORMATION CONTAINED IN THIS NOTICE IS CONFIDENTIAL! 2-42 (c) A parole or probation office having jurisdiction over a 2-43 student described in Subsection (a) of this article who is 2-44 subsequently removed from a school and later returned to a school 2-45 or school district other than the one the student was enrolled in 2-46 when the conviction occurred shall notify the new school officials 2-47 of the conviction in a manner similar to that provided by 2-48 Subsections (a) and (b) of this article. 2-49 (d) On receipt of a notice under this article, a school 2-50 official may take the precautions necessary to prevent further 2-51 violence in the school, on school property, or at school-sponsored 2-52 or school-related activities on or off school property but may not 2-53 penalize a student solely because a notification is received about 2-54 the student. 2-55 (e) The school principal may send the information contained 2-56 in the confidential notification to a teacher, counselor, or 2-57 administrator having direct supervisory responsibility over the 2-58 student if the principal determines that the teacher, counselor, or 2-59 administrator needs the information for educational purposes or for 2-60 the protection of the person informed or others. 2-61 (f) A person who receives information under this article may 2-62 not disclose the information except as specifically authorized by 2-63 this article. A person who intentionally violates this article 2-64 commits an offense. An offense under this subsection is a Class C 2-65 misdemeanor. 2-66 (g) This article only applies to a child convicted of one 2-67 of the following offenses: 2-68 (1) murder (Section 19.02, Penal Code); 2-69 (2) capital murder (Section 19.03, Penal Code); 2-70 (3) aggravated kidnapping (Section 20.04, Penal Code); 3-1 (4) aggravated assault (Section 22.02, Penal Code); 3-2 (5) aggravated sexual assault (Section 22.021, Penal 3-3 Code); 3-4 (6) deadly assault on a law enforcement officer, 3-5 corrections officer, or court participant (Section 22.03, Penal 3-6 Code); 3-7 (7) criminal attempt (Section 15.01, Penal Code) if 3-8 the offense attempted was capital murder (Section 19.03, Penal 3-9 Code); 3-10 (8) arson (Section 28.02, Penal Code); 3-11 (9) carrying a handgun or illegal knife (Section 3-12 46.02, Penal Code); or 3-13 (10) possession of a prohibited weapon (Section 46.06, 3-14 Penal Code). 3-15 (h) For purposes of this article, "child" has the meaning 3-16 assigned by Section 51.02(1), Family Code. 3-17 SECTION 3. Subsection (d), Section 51.14, Family Code, is 3-18 amended to read as follows: 3-19 (d) Except as provided by Section 54.033 of this code and 3-20 except for files and records relating to a charge for which a child 3-21 is transferred under Section 54.02 of this code to a criminal court 3-22 for prosecution, the law-enforcement files and records are not open 3-23 to public inspection nor may their contents be disclosed to the 3-24 public, but inspection of the files and records is permitted by: 3-25 (1) a juvenile court having the child before it in any 3-26 proceeding; 3-27 (2) an attorney for a party to the proceeding; and 3-28 (3) law-enforcement officers when necessary for the 3-29 discharge of their official duties. 3-30 SECTION 4. This Act takes effect September 1, 1993, and 3-31 applies only to an adjudication or conviction that occurs on or 3-32 after that date. 3-33 SECTION 5. The importance of this legislation and the 3-34 crowded condition of the calendars in both houses create an 3-35 emergency and an imperative public necessity that the 3-36 constitutional rule requiring bills to be read on three several 3-37 days in each house be suspended, and this rule is hereby suspended. 3-38 * * * * * 3-39 Austin, 3-40 Texas 3-41 April 28, 1993 3-42 Hon. Bob Bullock 3-43 President of the Senate 3-44 Sir: 3-45 We, your Committee on Criminal Justice to which was referred S.B. 3-46 No. 805, have had the same under consideration, and I am instructed 3-47 to report it back to the Senate with the recommendation that it do 3-48 pass and be printed. 3-49 Whitmire, 3-50 Chairman 3-51 * * * * * 3-52 WITNESSES 3-53 FOR AGAINST ON 3-54 ___________________________________________________________________ 3-55 Name: Linda Brooke x 3-56 Representing: Texas Juvenile Probation Comm 3-57 City: Austin 3-58 ------------------------------------------------------------------- 3-59 Name: Kevin O'Hanlon x 3-60 Representing: Texas Education Agency 3-61 City: Austin 3-62 -------------------------------------------------------------------