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A BILL TO BE ENTITLED
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AN ACT
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relating to contact between a public school student who assaults |
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another student and the student victim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 25, Education Code, is |
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amended by adding Section 25.902 to read as follows: |
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Sec. 25.902. CONTACT BETWEEN STUDENT WHO COMMITS ASSAULT |
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AND STUDENT VICTIM. (a) This section applies only to: |
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(1) a student who: |
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(A) has been convicted of an offense described by |
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Section 37.006(a)(2)(B) or 37.007(a)(2)(A); |
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(B) has been found by a court to have engaged in |
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delinquent conduct on the basis of conduct described by Section |
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37.006(a)(2)(B) or 37.007(a)(2)(A); or |
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(C) has been accused of committing an offense |
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described by Section 37.006(a)(2)(B) or 37.007(a)(2)(A) or of |
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engaging in conduct that contains the elements of such an offense, |
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and has had a protective order issued against the student in |
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connection with the alleged offense or conduct; and |
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(2) a student who is the victim of conduct described by |
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Subdivision (1). |
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(b) A student who is a victim to whom Subsection (a)(2) |
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applies and who is assigned to the same campus as the student who |
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committed the offense or engaged in the conduct may notify a |
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counselor at the campus, or in the student's school district if the |
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campus does not have a counselor, of the offense or other conduct |
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and request that the counselor attempt to ensure limited contact |
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between the victim and the other student in the manner provided by |
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Subsection (c). |
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(c) For purposes of this subsection, "parent" includes a |
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person standing in parental relation. On receiving a request under |
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Subsection (b) from a student who is a victim, the counselor shall |
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suggest to the parent of the student who committed the offense or |
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engaged in the conduct that the parent attempt to transfer the |
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student to or enroll the student in another school. If the |
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student's parent refuses or is unable to transfer the student to or |
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enroll the student in another school, the counselor shall develop a |
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plan for ensuring that the student and the student who is the victim |
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have limited contact during the school day and during any |
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extracurricular activities. The counselor shall coordinate with |
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the parent of the student who committed the offense or engaged in |
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the conduct and the parent of the victim separately in developing |
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the plan. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |