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.

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