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A BILL TO BE ENTITLED
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AN ACT
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relating to a determination on granting assault leave to a |
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certified educator where there has been a juvenile or criminal |
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conviction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.003(c), Education Cade, is amended to |
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read as follows: |
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Sec. 22.003. (c) For purposes of Subsection (b), an |
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employee of a school district [is] shall be deemed to have been |
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physically assaulted and shall be granted assault leave by the |
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district as of the date of the assault regardless of any intervening |
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determination by the district if the person engaging in the conduct |
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causing injury to the employee: |
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(1) has been found guilty of the crime of assault based |
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on the same conduct causing injury to the employee by either a |
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juvenile or criminal court of law; |
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(2) [(1)] could be prosecuted for assault; or |
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(3) [(2)] could not be prosecuted for assault only |
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because the person's age or mental capacity makes the person a |
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nonresponsible person for purposes of criminal liability. |
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SECTION 2. 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, 2011. |