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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a restorative justice program for certain |
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student conduct constituting a criminal offense that occurs on |
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school property, on school transportation, or at school-sponsored |
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or school-related activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.086 to read as follows: |
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Sec. 37.086. RESTORATIVE JUSTICE PROGRAM. (a) In this |
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section, "student" means a child who is at least 10 years of age and |
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younger than 17 years of age and who is enrolled in a public school. |
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(b) This section applies only to a student who engages in |
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conduct that constitutes an offense: |
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(1) other than: |
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(A) a felony; |
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(B) an offense under Section 22.07, 42.06, or |
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46.08, Penal Code; or |
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(C) an offense that involved the possession, |
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exhibition, or use of a firearm, location-restricted knife, or |
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club, as defined by Section 46.01, Penal Code, a deadly weapon, as |
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defined by Section 1.07, Penal Code, or a prohibited weapon, as |
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described by Section 46.05, Penal Code; and |
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(2) that occurs: |
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(A) on school property; |
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(B) while attending a school-sponsored or |
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school-related activity; or |
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(C) on a publicly or privately owned school bus |
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or vehicle being used for transportation of students to or from |
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school or a school-sponsored or school-related activity on or off |
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of school property. |
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(c) Each school district or open-enrollment charter school |
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shall develop and implement a restorative justice program for |
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students who engage in conduct described by Subsection (b) that: |
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(1) educates the students regarding the harm caused to |
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the victims; and |
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(2) emphasizes the importance of an offending |
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student's reparation of harm caused to the victim. |
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(d) Notwithstanding any other law, except as provided by |
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Subsection (e)(1) or Subchapter E-1, before referring a student to |
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a juvenile or criminal court for conduct described by Subsection |
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(b), a school district or open-enrollment charter school shall |
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refer the student to the school district's or school's restorative |
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justice program. |
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(e) A school district or open-enrollment charter school may |
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refer a student to juvenile or criminal court for conduct described |
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by Subsection (b) only if: |
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(1) the school district or school determines that the |
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restorative justice program is not appropriate for the student's |
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conduct; or |
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(2) the student has previously failed to comply with |
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or complete the restorative justice program. |
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SECTION 2. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. For the |
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purposes of this section, conduct occurred before the effective |
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date of this Act if any element of the conduct occurred before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2019. |