CJ C.S.H.B. 1150 75(R)BILL ANALYSIS

JUVENILE JUSTICE & FAMILY ISSUES
C.S.H.B. 1150
By: Greenberg
3-6-97
Committee Report (Substituted)

BACKGROUND
 
Texas schools have become entirely too dangerous.  The Texas Education
Agency reported over 50,000 incidents of assault against students and
teachers during the 1995-96 academic year.  In order to ensure school
safety, school districts need to be informed of dangerous and threatening
crimes committed by students attending their local schools.  This bill
details the specific crimes requiring reports to local school districts.   

PURPOSE
The purpose of this bill is to clarify the nature of crimes reportable, by
law enforcement agencies, to local Independent School Districts.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

This bill relates to the notification of school personnel of the arrest or
detention of a student 
Section 1. Amends article 15.27(h) to apply to any offense other than an
offense punishable by fine only. 
Section 2. Effective date.
Section 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill did not specify the crimes reportable to the local
school district.  The original simply required that all offenses other
than offenses punishable by a fine be reported. The committee substitute
clearly states which crimes shall be reported.  The crimes are listed
below: 

(A)  Title V crimes include; criminal homicide, murder, capital murder,
manslaughter, criminally negligent homicide, kidnapping and false
imprisonment, sexual offenses, assaultive offenses: sexual assault, injury
to a child, elderly or disabled, abandoning or endangering a child, deadly
conduct, consent as defense to assaultive conduct, terrorist threat,
tampering with consumer product and leaving a child in a vehicle.   
(section B was added)
(B)  The following crimes are also reportable; arson, robbery, aggravated
robbery, burglary and criminal trespass, and involvement in organized
crime. (This includes gang activity) 
(2)  Unlawful use, sale or possession of a controlled substance, drug
paraphernalia, or marihuana. 
(3) Unlawful possession of weapons or devices as listed in Sections
46.01(1)-(14) or (16) Penal Code.  These weapons include; clubs, explosive
weapons, firearms, firearm silencers, handguns, illegal knives, knives,
knuckles, machine guns, short-barrel firearms, switchblade knives,
armorpiercing ammunition, hoax bombs, chemical dispensing devices, and zip
guns. 
(This section is new)
(4)  felony in which a deadly weapon as defined by section 1.07 of the
penal code, was used by a 
student.