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
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   3-59  Name:  Kevin O'Hanlon                                          x
   3-60  Representing:  Texas Education Agency
   3-61  City:  Austin
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