1-1 AN ACT
1-2 relating to the notification of school personnel of the arrest or
1-3 detention of a student and any subsequent disposition of that
1-4 arrest or detention.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsections (a), (b), (c), and (h), Article
1-7 15.27, Code of Criminal Procedure, are amended to read as follows:
1-8 (a) A law enforcement agency that arrests or takes into
1-9 custody as provided by Chapter 52, Family Code, an individual who
1-10 the agency [knows or] believes is enrolled as a student in a public
1-11 primary or secondary school, for an offense listed in Subsection
1-12 (h) of this article, shall attempt to ascertain whether the person
1-13 is so enrolled. If the law enforcement agency ascertains that the
1-14 individual is enrolled as a student in a public primary or
1-15 secondary school, the agency shall orally notify the superintendent
1-16 or a person designated by the superintendent in the school district
1-17 in which the student is enrolled [or believed to be enrolled] of
1-18 that arrest or detention within 24 hours after the arrest or
1-19 detention, or on the next school day. If the law enforcement
1-20 agency cannot ascertain whether the individual is enrolled as a
1-21 student, the agency shall orally notify the superintendent or a
1-22 person designated by the superintendent in the school district in
1-23 which the student is believed to be enrolled of that arrest or
1-24 detention within 24 hours after the arrest or detention, or on the
2-1 next school day. If the individual is a student, the [The]
2-2 superintendent shall promptly notify all instructional and support
2-3 personnel who have regular contact with the student. All personnel
2-4 shall keep the information received in this subsection
2-5 confidential. The State Board for Educator Certification may
2-6 revoke or suspend the certification of personnel who intentionally
2-7 violate this subsection. Within seven days after the date the oral
2-8 notice is given, the law enforcement agency shall mail written
2-9 notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
2-10 envelope, to the superintendent or the person designated by the
2-11 superintendent. The written notification must have the following
2-12 printed on its face in large, bold letters: "WARNING: The
2-13 information contained in this notice is intended only to inform
2-14 appropriate school personnel of an arrest or detention of a student
2-15 believed to be enrolled in this school. An arrest or detention
2-16 should not be construed as proof that the student is guilty. Guilt
2-17 is determined in a court of law. THE INFORMATION CONTAINED IN THIS
2-18 NOTICE IS CONFIDENTIAL!"
2-19 (b) On conviction or on an adjudication of delinquent
2-20 conduct of an individual enrolled as a student in a public primary
2-21 or secondary school, for an offense or for any conduct listed in
2-22 Subsection (h) of this article, the office of the prosecuting
2-23 attorney acting in the case shall orally notify the superintendent
2-24 or a person designated by the superintendent in the school district
2-25 in which the student is enrolled of the conviction or adjudication.
2-26 Oral notification must be given within 24 hours of the time of the
2-27 determination of guilt, or on the next school day. The
3-1 superintendent shall promptly notify all instructional and support
3-2 personnel who have regular contact with the student. Within seven
3-3 days after the date the oral notice is given, the office of the
3-4 prosecuting attorney shall mail written notice, which must contain
3-5 a statement of the offense of which the individual is convicted or
3-6 on which the adjudication is grounded.
3-7 (c) A parole or probation office having jurisdiction over a
3-8 student described by Subsection (a), (b), or (e) of this article
3-9 who transfers from a school or is subsequently removed from a
3-10 school and later returned to a school or school district other than
3-11 the one the student was enrolled in when the arrest, detention,
3-12 conviction, or adjudication occurred shall notify the new school
3-13 officials of the arrest or detention in a manner similar to that
3-14 provided for by Subsection (a) or (e)(1) of this article, or of the
3-15 conviction or delinquent adjudication in a manner similar to that
3-16 provided for by Subsection (b) or (e)(2) of this article. The new
3-17 school officials shall promptly notify all instructional and
3-18 support personnel who have regular contact with the student.
3-19 (h) This article applies to:
3-20 (1) an offense under [listed in Section 8(c), Article
3-21 42.18, Code of Criminal Procedure; reckless conduct, as described
3-22 by] Section 19.02, 19.03, 19.04, 19.05, 20.02, 20.03, 20.04, 21.08,
3-23 21.11, 22.01, 22.011, 22.02, 22.021, 22.04, 22.05, [Penal Code; or
3-24 a terroristic threat, as described by Section] 22.07, 28.02, 29.02,
3-25 29.03, 30.02, or 71.02, Penal Code;
3-26 (2) the unlawful use, sale, or possession of a
3-27 controlled substance, drug paraphernalia, or marihuana, as defined
4-1 by Chapter 481, Health and Safety Code;
4-2 (3) the unlawful possession of any of the weapons or
4-3 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
4-4 weapon listed as a prohibited weapon under Section 46.05, Penal
4-5 Code; or
4-6 (4) a felony [criminal] offense in which a deadly
4-7 weapon, as defined by Section 1.07, Penal Code, was used or
4-8 exhibited [under Section 71.02, Penal Code].
4-9 SECTION 2. The change in law made by this Act applies
4-10 beginning with the 1997-1998 school year.
4-11 SECTION 3. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended,
4-16 and that this Act take effect and be in force from and after its
4-17 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1150 was passed by the House on March
26, 1997, by the following vote: Yeas 143, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1150 on May 25, 1997, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1150 on June 1, 1997, by the following vote: Yeas 147,
Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1150 was passed by the Senate, with
amendments, on May 23, 1997, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1150 on June 1, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor