80R3596 KCR-D

By: Eissler H.B. No. 920

A BILL TO BE ENTITLED

AN ACT

relating to the protection of public safety through the placement of certain offenders who are public school students in alternative education programs and the provision of information relating to certain offenders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 25, Education Code, is amended by adding Section 25.0012 to read as follows:

Sec. 25.0012. ENROLLMENT OF STUDENTS FOUND TO HAVE ENGAGED IN CERTAIN CONDUCT RESTRICTED. (a) Except as provided by Subsection (b) and notwithstanding Section 25.001, a student may not enroll at a public school campus if the student has been:

(1) convicted of an offense described by Section 3g, Article 42.12, Code of Criminal Procedure;

(2) granted deferred adjudication community supervision for an offense described by Section 3g, Article 42.12, Code of Criminal Procedure;

(3) adjudicated to have engaged in delinquent conduct that violates an offense described by Section 3g, Article 42.12, Code of Criminal Procedure; or

(4) granted deferred prosecution for conduct that violates an offense described by Section 3g, Article 42.12, Code of Criminal Procedure.

(b) Notwithstanding Subchapter A, Chapter 37, a student to whom this section applies and who is not exempt from the compulsory school attendance requirements under Section 25.086 shall enroll in a disciplinary alternative education program under Section 37.008 or a juvenile justice alternative education program under Section 37.011.

SECTION 2. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.017 to read as follows:

Sec. 38.017. NOTICE OF SEX OFFENDER RESIDENCE. Each superintendent of a school district or the superintendent's designee shall subscribe to the electronic mail notification service maintained by the Department of Public Safety under Article 62.0051, Code of Criminal Procedure, for each zip code any portion of which is located in the district.

SECTION 3. Subchapter A, Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.0051 to read as follows:

Art. 62.0051. ELECTRONIC MAIL NOTIFICATION SERVICE. (a) The department shall maintain an electronic mail notification service to which any person in this state may electronically subscribe.

(b) The electronic mail notification service maintained under Subsection (a) must:

(1) allow a subscriber to request for a zip code notification of:

(A) the release from a penal institution or placement on deferred adjudication community supervision, community supervision, or juvenile probation of a person who expects to reside or resides in that zip code and is required to register under this chapter; and

(B) any change in address of a person who resides in that zip code and is required to register under this chapter; and

(2) respond to a subscriber via electronic mail not later than the third business day after the date the department receives notice of an event described by Subdivision (1).

(c) The department may include in an electronic mail notification sent to a subscriber any public information described by Article 62.005.

SECTION 4. (a) The Department of Public Safety shall have the electronic mail notification service required to be maintained under Article 62.0051, Code of Criminal Procedure, as added by this Act, fully functional and able to receive subscription requests and respond appropriately to those requests not later than January 1, 2008.

(b) Section 25.0012, Education Code, as added by this Act, applies only to an offense committed or conduct engaged in on or after the effective date of this Act. An offense committed or conduct engaged in before the effective date of this Act is governed by the law in effect at the time the offense was committed or conduct was engaged in, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed or the conduct was engaged in before the effective date of this Act if any element of the offense or conduct occurred before that date.

(c) Each superintendent of a school district in this state or the superintendent's designee shall comply with Section 38.017, Education Code, as added by this Act, as soon as possible after the electronic mail notification service required to be maintained under Article 62.0051, Code of Criminal Procedure, as added by this Act, is fully functional and able to receive subscription requests and in no event later than the first day of the 2008-2009 school year.

SECTION 5. This Act takes effect September 1, 2007.