By West S.B. No. 843
74R6381 DD-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, including a school
1-12 district peace officer commissioned under Section 21.483, Education
1-13 Code, if there are reasonable grounds to believe that the child has
1-14 engaged in delinquent conduct or conduct indicating a need for
1-15 supervision; <or>
1-16 (4) by a probation officer if there are reasonable
1-17 grounds to believe that the child has violated a condition of
1-18 probation imposed by the juvenile court; or
1-19 (5) by a law-enforcement officer if the officer has
1-20 received notice under Section 21.3011(g), Education Code, that the
1-21 child has been expelled from school.
1-22 (c) A law-enforcement officer authorized to take a child
1-23 into custody under Subdivision <Subdivisions> (2), <and> (3), or
1-24 (5) of Subsection (a) of this section may issue a warning notice to
2-1 the child in lieu of taking him into custody if:
2-2 (1) guidelines for warning disposition have been
2-3 issued by the law-enforcement agency in which the officer works;
2-4 (2) the guidelines have been approved by the juvenile
2-5 court of the county in which the disposition is made;
2-6 (3) the disposition is authorized by the guidelines;
2-7 (4) the warning notice identifies the child and
2-8 describes his alleged conduct;
2-9 (5) a copy of the warning notice is sent to the
2-10 child's parent, guardian, or custodian as soon as practicable after
2-11 disposition; and
2-12 (6) a copy of the warning notice is filed with the
2-13 law-enforcement agency and the office or official designated by the
2-14 juvenile court.
2-15 SECTION 2. Section 21.3011(g), Education Code, is amended to
2-16 read as follows:
2-17 (g) The board or its designee shall deliver a copy of the
2-18 order expelling the student to the student and the student's parent
2-19 or guardian. The board or its designee shall also deliver a copy
2-20 of the order to an <the> authorized law enforcement officer of the
2-21 <juvenile court in the> county in which the student resides. The
2-22 officer shall determine the appropriate action to take under Title
2-23 3, Family Code <whether:>
2-24 <(1) a petition should be filed alleging that the
2-25 student is in need of supervision or engaged in delinquent conduct;
2-26 or>
2-27 <(2) the student should be referred to an appropriate
3-1 state agency>.
3-2 SECTION 3. The change in law made by this Act applies only
3-3 to an expulsion of a child from school that occurs on or after the
3-4 effective date of this Act. An expulsion of a child from school
3-5 that occurs before the effective date of this Act is covered by the
3-6 law in effect at the time the expulsion occurred, and the former
3-7 law is continued in effect for that purpose.
3-8 SECTION 4. This Act takes effect September 1, 1995.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.