80R5202 CAE-D

By: Madden H.B. No. 1601

A BILL TO BE ENTITLED

AN ACT

relating to the expulsion of a public school student for certain offenses committed on or off school property.

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

SECTION 1. Section 37.006(m), Education Code, is amended to read as follows:

(m) Removal to a disciplinary alternative education program under Subsection (a) or (c) is not required if the student is expelled under Section 37.007 for the same conduct for which removal would be required.

SECTION 2. Section 37.007, Education Code, is amended by amending Subsection (a) and adding Subsections (j) and (k) to read as follows:

(a) A student shall be expelled from a school if the student, without regard to whether the conduct occurs on or off of [on] school property or while attending a school-sponsored or school-related activity on or off of school property:

(1) uses, exhibits, or possesses:

(A) a firearm as defined by Section 46.01(3), Penal Code;

(B) an illegal knife as defined by Section 46.01(6), Penal Code, or by local policy;

(C) a club as defined by Section 46.01(1), Penal Code; or

(D) a weapon listed as a prohibited weapon under Section 46.05, Penal Code;

(2) engages in conduct that contains the elements of the offense of:

(A) aggravated assault under Section 22.02, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;

(B) arson under Section 28.02, Penal Code;

(C) murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or criminal attempt, under Section 15.01, Penal Code, to commit murder or capital murder;

(D) indecency with a child under Section 21.11, Penal Code;

(E) aggravated kidnapping under Section 20.04, Penal Code;

(F) aggravated robbery under Section 29.03, Penal Code;

(G) manslaughter under Section 19.04, Penal Code; or

(H) criminally negligent homicide under Section 19.05, Penal Code; or

(3) engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.

(j) An expulsion under Subsection (a) on the basis of conduct occurring off of school property or while the student is not in attendance at a school-sponsored or school-related activity may occur only after the superintendent or the superintendent's designee receives notice under Article 15.27, Code of Criminal Procedure, that the student has been arrested or referred for an offense described by Subsection (a).

(k) On receipt of notice under Article 15.27(g), Code of Criminal Procedure, a school district shall immediately return a student expelled on the basis of conduct occurring off of school property or while the student is not in attendance at a school-sponsored or school-related activity to the student's campus or to a disciplinary alternative education program as provided by Section 37.006.

SECTION 3. Article 15.27(g), Code of Criminal Procedure, is amended to read as follows:

(g) The office of the prosecuting attorney or the office or official designated by the juvenile board shall, within two working days, notify the school district that removed a student to a disciplinary alternative education program under Section 37.006, Education Code, or expelled a student as provided by Section 37.007, Education Code, if:

(1) prosecution of the student's case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication, or deferred prosecution will be initiated; or

(2) the court or jury found the student not guilty or made a finding the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case was dismissed with prejudice.

SECTION 4. The change in law made by this Act applies only to an offense committed or conduct that occurs on or after the effective date of this Act. An offense committed or conduct that occurs before the effective date of this Act is governed by the law in effect when the offense was committed or the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, an offense is committed or conduct occurs before the effective date of this Act if any element of the offense or violation occurs before the effective date.

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