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 -------------------------------------------------------------------