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A BILL TO BE ENTITLED
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AN ACT
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relating to information a law enforcement agency is required to |
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share with a school district about a person who may be a student. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.27, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (k-1) to |
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read as follows: |
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(a) A law enforcement agency that arrests any person or |
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refers a child to the office or official designated by the juvenile |
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board who the agency believes is enrolled as a student in a public |
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primary or secondary school, for an offense listed in Subsection |
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(h), shall attempt to ascertain whether the person is so enrolled. |
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If the law enforcement agency ascertains that the individual is |
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enrolled as a student in a public primary or secondary school, the |
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head of the agency or a person designated by the head of the agency |
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shall orally notify the superintendent or a person designated by |
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the superintendent in the school district in which the student is |
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enrolled of that arrest or referral within 24 hours after the arrest |
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or referral is made, or before the next school day, whichever is |
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earlier. If the law enforcement agency cannot ascertain whether |
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the individual is enrolled as a student, the head of the agency or a |
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person designated by the head of the agency shall orally notify the |
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superintendent or a person designated by the superintendent in the |
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school district in which the student is believed to be enrolled of |
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that arrest or detention within 24 hours after the arrest or |
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detention, or before the next school day, whichever is earlier. If |
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the individual is a student, the superintendent or the |
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superintendent's designee shall immediately notify all |
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instructional and support personnel who have responsibility for |
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supervision of the student. All personnel shall keep the |
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information received in this subsection confidential. The State |
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Board for Educator Certification may revoke or suspend the |
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certification of personnel who intentionally violate this |
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subsection. Within seven days after the date the oral notice is |
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given, the head of the law enforcement agency or the person |
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designated by the head of the agency shall mail written |
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notification, marked "PERSONAL and CONFIDENTIAL" on the mailing |
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envelope, to the superintendent or the person designated by the |
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superintendent. The written notification must include the facts |
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contained in the oral notification, the name of the person who was |
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orally notified, and the date and time of the oral notification. |
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Both the oral and written notice shall contain sufficient details |
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of the arrest or referral and the acts allegedly committed by the |
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student to enable the superintendent or the superintendent's |
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designee to determine whether there is a reasonable belief that the |
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student has engaged in conduct defined as a felony offense by the |
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Penal Code or whether it is necessary to conduct a threat assessment |
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or prepare a safety plan related to the student. The information |
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contained in the notice shall be considered by the superintendent |
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or the superintendent's designee in making such a determination. |
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(k-1) In addition to the information provided under |
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Subsection (k), the law enforcement agency shall provide to the |
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superintendent or superintendent's designee information relating |
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to the student that is requested for the purpose of conducting a |
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threat assessment or preparing a safety plan relating to that |
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student. A school board may enter into a memorandum of |
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understanding with a law enforcement agency regarding the exchange |
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of information relevant to conducting a threat assessment or |
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preparing a safety plan. Absent a memorandum of understanding, the |
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information requested by the superintendent or the |
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superintendent's designee shall be considered relevant. |
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SECTION 2. Section 37.006(e), Education Code, is amended to |
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read as follows: |
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(e) In determining whether there is a reasonable belief that |
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a student has engaged in conduct defined as a felony offense by the |
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Penal Code, the superintendent or the superintendent's designee may |
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consider all available information, including the information |
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furnished under Article 15.27, Code of Criminal Procedure, other |
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than information requested under Article 15.27(k-1), Code of |
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Criminal Procedure. |
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SECTION 3. Section 58.008(d), Family Code, is amended to |
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read as follows: |
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(d) Law enforcement records concerning a child may be |
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inspected or copied by: |
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(1) a juvenile justice agency, as defined by Section |
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58.101; |
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(2) a criminal justice agency, as defined by Section |
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411.082, Government Code; |
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(3) the child; [or] |
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(4) the child's parent or guardian; or |
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(5) the superintendent or superintendent's designee of |
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a public primary or secondary school where the child is enrolled |
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only for the purpose of conducting a threat assessment or preparing |
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a safety plan related to the child. |
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SECTION 4. Article 15.27(a), Code of Criminal Procedure, as |
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amended by this Act, and Article 15.27(k-1), Code of Criminal |
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Procedure, as added by this Act, apply only to information related |
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to an arrest or referral made on or after the effective date of this |
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Act. |
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SECTION 5. This Act takes effect September 1, 2019. |