By: West S.B. No. 808
73R784 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition made by a law enforcement officer
1-3 regarding a child expelled from school.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 52.01(a) and (c), Family Code, are
1-6 amended to read as follows:
1-7 (a) A child may be taken into custody:
1-8 (1) pursuant to an order of the juvenile court under
1-9 the provisions of this subtitle;
1-10 (2) pursuant to the laws of arrest;
1-11 (3) by a law-enforcement officer if there are
1-12 reasonable grounds to believe that the child has engaged in
1-13 delinquent conduct or conduct indicating a need for supervision;
1-14 <or>
1-15 (4) by a probation officer if there are reasonable
1-16 grounds to believe that the child has violated a condition of
1-17 probation imposed by the juvenile court; or
1-18 (5) by a law-enforcement officer if the officer has
1-19 received notice under Section 21.3011(g), Education Code, that the
1-20 child has been expelled from school.
1-21 (c) A law-enforcement officer authorized to take a child
1-22 into custody under Subdivision <Subdivisions> (2), <and> (3), or
1-23 (5) of Subsection (a) of this section may issue a warning notice to
1-24 the child in lieu of taking him into custody if:
2-1 (1) guidelines for warning disposition have been
2-2 issued by the law-enforcement agency in which the officer works;
2-3 (2) the guidelines have been approved by the juvenile
2-4 court of the county in which the disposition is made;
2-5 (3) the disposition is authorized by the guidelines;
2-6 (4) the warning notice identifies the child and
2-7 describes his alleged conduct;
2-8 (5) a copy of the warning notice is sent to the
2-9 child's parent, guardian, or custodian as soon as practicable after
2-10 disposition; and
2-11 (6) a copy of the warning notice is filed with the
2-12 law-enforcement agency and the office or official designated by the
2-13 juvenile court.
2-14 SECTION 2. Section 21.3011(g), Education Code, is amended to
2-15 read as follows:
2-16 (g) The board or its designee shall deliver a copy of the
2-17 order expelling the student to the student and the student's parent
2-18 or guardian. The board or its designee shall also deliver a copy
2-19 of the order to an <the> authorized law enforcement officer of the
2-20 <juvenile court in the> county in which the student resides. The
2-21 officer shall determine the appropriate action to take under Title
2-22 3, Family Code <whether:>
2-23 <(1) a petition should be filed alleging that the
2-24 student is in need of supervision or engaged in delinquent conduct;
2-25 or>
2-26 <(2) the student should be referred to an appropriate
2-27 state agency>.
3-1 SECTION 3. The change in law made by this Act applies only
3-2 to an expulsion of a child from school that occurs on or after the
3-3 effective date of this Act. An expulsion of a child from school
3-4 that occurs before the effective date of this Act is covered by the
3-5 law in effect at the time the expulsion occurred, and the former
3-6 law is continued in effect for that purpose.
3-7 SECTION 4. This Act takes effect September 1, 1993.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.