1-1  By:  Alonzo (Senate Sponsor - Gallegos)               H.B. No. 1687
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 16, 1995, read first time and referred to Committee on
    1-4  Education; May 17, 1995, rereferred to Committee on Criminal
    1-5  Justice; May 22, 1995, reported favorably, as amended, by the
    1-6  following vote:  Yeas 5, Nays 0; May 22, 1995, sent to printer.)
    1-7  COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
    1-8  In SECTION 1 of the HB 1687, amend Article 15.27(A), Code of
    1-9  Criminal Procedure, after the word "student." and before the word
   1-10  "Within" (page 1, line 17), add the following language:
   1-11        All personnel shall keep the information received in this
   1-12  subsection confidential.  The State Board for Educator
   1-13  Certification may revoke or suspend the certification of personnel
   1-14  who intentionally violate this subsection.
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the notification of school personnel of the arrest or
   1-18  detention of a student.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Article 15.27(a), Code of Criminal Procedure, is
   1-21  amended to read as follows:
   1-22        (a)  A law enforcement agency that arrests or takes into
   1-23  custody as provided by Chapter 52, Family Code, an individual who
   1-24  the agency knows or believes is enrolled as a student in a public
   1-25  primary or secondary school, for an offense listed in Subsection
   1-26  (h) of this article, shall orally notify the superintendent or a
   1-27  person designated by the superintendent in the school district in
   1-28  which the student is enrolled or believed to be enrolled of that
   1-29  arrest or detention within 24 hours after the arrest or detention,
   1-30  or on the next school day.  The superintendent shall promptly
   1-31  notify all instructional and support personnel who have regular
   1-32  contact with the student.   Within seven days after the date the
   1-33  oral notice is given, the law enforcement agency shall mail written
   1-34  notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
   1-35  envelope, to the superintendent or the person designated by the
   1-36  superintendent.  The written notification must have the following
   1-37  printed on its face in large, bold letters:  "WARNING:  The
   1-38  information contained in this notice is intended only to inform
   1-39  appropriate school personnel of an arrest or detention of a student
   1-40  believed to be enrolled in this school.  An arrest or detention
   1-41  should not be construed as proof that the student is guilty.  Guilt
   1-42  is determined in a court of law.  THE INFORMATION CONTAINED IN THIS
   1-43  NOTICE IS CONFIDENTIAL!"
   1-44        SECTION 2.  The change in law made by this Act applies
   1-45  beginning with the 1995-1996 school year.
   1-46        SECTION 3.  The importance of this legislation and the
   1-47  crowded condition of the calendars in both houses create an
   1-48  emergency and an imperative public necessity that the
   1-49  constitutional rule requiring bills to be read on three several
   1-50  days in each house be suspended, and this rule is hereby suspended,
   1-51  and that this Act take effect and be in force from and after its
   1-52  passage, and it is so enacted.
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