1-1 By: Greenberg, et al. (Senate Sponsor - Shapiro) H.B. No. 1150
1-2 (In the Senate - Received from the House April 1, 1997;
1-3 April 2, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 15, 1997, reported favorably, as amended, by
1-5 the following vote: Yeas 6, Nays 0; May 15, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Shapiro
1-8 Amend H.B. No. 1150 by striking the first two lines of the
1-9 bill after the enacting clause (Engrossed version page 2, lines 46
1-10 and 47) and substituting the following:
1-11 SECTION 1. Subsections (a), (b), (c), and (h), Article
1-12 15.27, Code of Criminal Procedure, are amended to read as follows:
1-13 (a) A law enforcement agency that arrests or takes into
1-14 custody as provided by Chapter 52, Family Code, an individual who
1-15 the agency [knows or] believes is enrolled as a student in a public
1-16 primary or secondary school, for an offense listed in Subsection
1-17 (h) of this article, shall attempt to ascertain whether the person
1-18 is so enrolled. If the law enforcement agency ascertains that the
1-19 individual is enrolled as a student in a public primary or
1-20 secondary school, the agency shall orally notify the superintendent
1-21 or a person designated by the superintendent in the school district
1-22 in which the student is enrolled [or believed to be enrolled] of
1-23 that arrest or detention within 24 hours after the arrest or
1-24 detention, or on the next school day. If the law enforcement
1-25 agency cannot ascertain whether the individual is enrolled as a
1-26 student, the agency 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 believed to be enrolled of that arrest or
1-29 detention within 24 hours after the arrest or detention, or on the
1-30 next school day. If the individual is a student, the [The]
1-31 superintendent shall promptly notify all instructional and support
1-32 personnel who have regular contact with the student. All personnel
1-33 shall keep the information received in this subsection
1-34 confidential. The State Board for Educator Certification may
1-35 revoke or suspend the certification of personnel who intentionally
1-36 violate this subsection. Within seven days after the date the oral
1-37 notice is given, the law enforcement agency shall mail written
1-38 notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
1-39 envelope, to the superintendent or the person designated by the
1-40 superintendent. The written notification must have the following
1-41 printed on its face in large, bold letters: "WARNING: The
1-42 information contained in this notice is intended only to inform
1-43 appropriate school personnel of an arrest or detention of a student
1-44 believed to be enrolled in this school. An arrest or detention
1-45 should not be construed as proof that the student is guilty. Guilt
1-46 is determined in a court of law. THE INFORMATION CONTAINED IN THIS
1-47 NOTICE IS CONFIDENTIAL!"
1-48 (b) On conviction or on an adjudication of delinquent
1-49 conduct of an individual enrolled as a student in a public primary
1-50 or secondary school, for an offense or for any conduct listed in
1-51 Subsection (h) of this article, the office of the prosecuting
1-52 attorney acting in the case shall orally notify the superintendent
1-53 or a person designated by the superintendent in the school district
1-54 in which the student is enrolled of the conviction or adjudication.
1-55 Oral notification must be given within 24 hours of the time of the
1-56 determination of guilt, or on the next school day. The
1-57 superintendent shall promptly notify all instructional and support
1-58 personnel who have regular contact with the student. Within seven
1-59 days after the date the oral notice is given, the office of the
1-60 prosecuting attorney shall mail written notice, which must contain
1-61 a statement of the offense of which the individual is convicted or
1-62 on which the adjudication is grounded.
1-63 (c) A parole or probation office having jurisdiction over a
1-64 student described by Subsection (a), (b), or (e) of this article
2-1 who transfers from a school or is subsequently removed from a
2-2 school and later returned to a school or school district other than
2-3 the one the student was enrolled in when the arrest, detention,
2-4 conviction, or adjudication occurred shall notify the new school
2-5 officials of the arrest or detention in a manner similar to that
2-6 provided for by Subsection (a) or (e)(1) of this article, or of the
2-7 conviction or delinquent adjudication in a manner similar to that
2-8 provided for by Subsection (b) or (e)(2) of this article. The new
2-9 school officials shall promptly notify all instructional and
2-10 support personnel who have regular contact with the student.
2-11 COMMITTEE AMENDMENT NO. 2 By: Shapiro
2-12 Amend H.B. No. 1150 by adding the following new sections to
2-13 the bill, appropriately numbered, and renumbering subsequent
2-14 sections of the bill accordingly:
2-15 SECTION ___. Subchapter A, Chapter 37, Education Code, is
2-16 amended by adding Section 37.0031 to read as follows:
2-17 Sec. 37.0031. LIMITING ASSIGNMENT OF CERTAIN STUDENTS TO
2-18 CLASS OF VICTIM. A student who has been adjudicated as having
2-19 engaged in delinquent conduct as defined under Section 51.03,
2-20 Family Code, that included violation of Section 21.11, 22.011, or
2-21 22.021, Penal Code, or who has been convicted of an offense under
2-22 one of those sections, may not be assigned to the same class as the
2-23 victim of that delinquent conduct or offense, as applicable,
2-24 without the consent of the victim's parent or of the victim, if the
2-25 victim is 18 years of age or older, unless the committee
2-26 established under Section 37.003 determines that such a placement
2-27 is the only alternative.
2-28 SECTION ___. Section 37.003(a), Education Code, is amended
2-29 to read as follows:
2-30 (a) Each school shall establish a three-member committee to
2-31 determine placement of a student when a teacher refuses the return
2-32 of a student to the teacher's class or a parent or victim refuses
2-33 the student's assignment to a class under Section 37.0031 and to
2-34 make recommendations to the district regarding readmission of
2-35 expelled students. Members shall be appointed as follows:
2-36 (1) the campus faculty shall choose two teachers to
2-37 serve as members and one teacher to serve as an alternate member;
2-38 and
2-39 (2) the principal shall choose one member from the
2-40 professional staff of a campus.
2-41 A BILL TO BE ENTITLED
2-42 AN ACT
2-43 relating to the notification of school personnel of the arrest or
2-44 detention of a student and any subsequent disposition of that
2-45 arrest or detention.
2-46 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-47 SECTION 1. Article 15.27(h), Code of Criminal Procedure, is
2-48 amended to read as follows:
2-49 (h) This article applies to:
2-50 (1) an offense under [listed in Section 8(c), Article
2-51 42.18, Code of Criminal Procedure; reckless conduct, as described
2-52 by] Section 19.02, 19.03, 19.04, 19.05, 20.02, 20.03, 20.04, 21.08,
2-53 21.11, 22.01, 22.011, 22.02, 22.021, 22.04, 22.05, [Penal Code; or
2-54 a terroristic threat, as described by Section] 22.07, 28.02, 29.02,
2-55 29.03, 30.02, or 71.02, Penal Code;
2-56 (2) the unlawful use, sale, or possession of a
2-57 controlled substance, drug paraphernalia, or marihuana, as defined
2-58 by Chapter 481, Health and Safety Code;
2-59 (3) the unlawful possession of any of the weapons or
2-60 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
2-61 weapon listed as a prohibited weapon under Section 46.05, Penal
2-62 Code; or
2-63 (4) a felony [criminal] offense in which a deadly
2-64 weapon, as defined by Section 1.07, Penal Code, was used or
2-65 exhibited [under Section 71.02, Penal Code].
2-66 SECTION 2. The change in law made by this Act applies
2-67 beginning with the 1997-1998 school year.
2-68 SECTION 3. The importance of this legislation and the
2-69 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.
3-6 * * * * *