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A BILL TO BE ENTITLED
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AN ACT
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relating to the enrollment in public school of students who are |
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registered sex offenders and the notification requirements |
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concerning certain offenses committed by students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 25, Education Code, is |
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amended by adding Section 25.0012 to read as follows: |
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Sec. 25.0012. ENROLLMENT OF CERTAIN REGISTERED SEX |
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OFFENDERS. (a) Except as provided by Subsection (c) and |
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notwithstanding Section 25.001, a student may not enroll at a |
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public school campus if the student is required to register as a sex |
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offender under Chapter 62, Code of Criminal Procedure. |
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(b) This section does not apply to a person who is no longer |
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required to register as a sex offender under Chapter 62, Code of |
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Criminal Procedure, including a person who receives an exemption |
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from registration under Subchapter H, Chapter 62, Code of Criminal |
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Procedure, or a person who receives an early termination of the |
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obligation to register under Subchapter I, Chapter 62, Code of |
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Criminal Procedure. |
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(c) Notwithstanding Subchapter A, Chapter 37, a student to |
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whom this section applies and who is not exempt from the compulsory |
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school attendance requirements under Section 25.086 shall enroll in |
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a disciplinary alternative education program under Section 37.008 |
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or a juvenile justice alternative education program under Section |
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37.011. |
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SECTION 2. Articles 15.27(c) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(c) A parole or probation office, including a juvenile |
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board, having jurisdiction over a student described by Subsection |
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(a), (b), or (e) who transfers from a school or is subsequently |
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removed from a school and later returned to a school or school |
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district other than the one the student was enrolled in when the |
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arrest, referral to a juvenile court, conviction, or adjudication |
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occurred shall within 24 hours of learning of the student's |
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transfer or reenrollment notify the new school officials of the |
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arrest or referral in a manner similar to that provided for by |
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Subsection (a) or (e)(1), or of the conviction or delinquent |
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adjudication in a manner similar to that provided for by Subsection |
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(b) or (e)(2). The Texas Youth Commission shall provide the notice |
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required by this subsection if the student is committed to the |
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commission. The new school officials shall promptly notify all |
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instructional and support personnel who have regular contact with |
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the student. |
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(d) The superintendent or a person designated by the |
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superintendent in the school district may send to a school district |
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employee having direct supervisory responsibility over the student |
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the information contained in the confidential notice if the |
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superintendent or the person designated by the superintendent |
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determines that the school district employee needs the information |
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for educational purposes or for the protection of the person |
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informed or others. On receiving notice under Chapter 62, Code of |
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Criminal Procedure, that a student who is required to register as a |
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sex offender is enrolled in the district, the superintendent or a |
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person designated by the superintendent shall within 24 hours |
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notify all instructional and support personnel who have regular |
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contact with the student. |
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SECTION 3. Section 25.0012, Education Code, as added by |
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this Act, applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |