By Shapiro                                       S.B. No. 685

      75R3470 JD-F                           

                                A BILL TO BE ENTITLED

 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), and (c), Article 15.27,

 1-7     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           SECTION 2.  Article 15.27(d), Code of Criminal Procedure, is

3-20     repealed.

3-21           SECTION 3.  The change in law made by this Act applies

3-22     beginning with the 1997-1998 school year.

3-23           SECTION 4.  The importance of this legislation and the

3-24     crowded condition of the calendars in both houses create an

3-25     emergency and an imperative public necessity that the

3-26     constitutional rule requiring bills to be read on three several

3-27     days in each house be suspended, and this rule is hereby suspended,

 4-1     and that this Act take effect and be in force from and after its

 4-2     passage, and it is so enacted.