By: Creighton S.B. No. 1924

Hinojosa of Nueces, West

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of certain criminal offenses on school property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 45A.453(h), Code of Criminal Procedure, is amended to read as follows:

(h) Except as provided by Subsection (i) [and Section 37.143(a), Education Code], for a traffic offense or an offense punishable by fine only, a law enforcement officer may issue a citation as provided by Article 14.06 instead of taking a child into custody.

SECTION 2. Subchapter J, Chapter 45A, Code of Criminal Procedure, is amended by adding Articles 45A.4621 and 45A.465 to read as follows:

Art. 45A.4621. CONFIDENTIAL RECORDS RELATED TO SCHOOL OFFENSES; CERTAIN PROCEEDINGS CLOSED. (a) In this article, "child" and "school offense" have the meanings assigned by Section 37.141, Education Code.

(b) Information relating to a citation issued to or complaint filed against a child for a school offense:

(1) except as provided by Subsection (c), is confidential and not subject to public disclosure under Chapter 552, Government Code; and

(2) may not be disclosed by the child's school to any individual other than the child's parent or person standing in parental relation.

(c) Information described by Subsection (b), except for a child's personally identifying information, may be disclosed for legislative purposes under Section 552.008, Government Code.

(d) A court in which a complaint is filed or a case is pending against a child for a school offense must ensure that the name or other personally identifying information of the child is not publicly disclosed, including on the court's docket.

(e) Notwithstanding any other law, proceedings of a case involving a school offense by a child who is 15 years of age or younger may not be open to the public.

(f) A court record, including a finding of guilt or innocence by the court, for a case involving a school offense by a child must be sealed on final judgment and remain confidential.

Art. 45A.465. EXPUNCTION OF RECORDS RELATED TO SCHOOL OFFENSE. (a) In this article, "school offense" has the meaning assigned by Section 37.141, Education Code.

(b) An individual who has been convicted of a school offense or has had a complaint for a school offense dismissed is entitled to an expunction of the conviction or complaint and records relating to the conviction or complaint on the earliest of the following dates:

(1) the date on which the individual graduates from high school or obtains a high school equivalency certificate; or

(2) the date on which the individual is no longer eligible to attend a public school under Section 25.001, Education Code.

(c) The school district at which an individual who was convicted of or against whom a complaint was filed for a school offense was enrolled at the time of the offense shall notify the court in which the individual was convicted or the complaint was filed of the individual's eligibility for expunction on the earliest of the dates described by Subsection (b).

(d) Regardless of whether the individual has filed a petition for expunction, the court in which the individual was convicted or a complaint for a school offense was filed shall order the conviction, complaints, verdicts, sentences, and other documents relating to the offense, including any documents in the possession of a public school or law enforcement agency, to be expunged from the individual's record.

(e) After entry of the order, the individual is released from all disabilities resulting from the conviction or complaint, and the conviction or complaint may not be shown or made known for any purpose.

SECTION 3. Section 28.025(c), Education Code, is amended to read as follows:

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:

(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) and complies with Sections 28.0256, 28.02565, and 39.025; or

(2) the student successfully completes an individualized education program developed under Section 29.005.

SECTION 4. Subchapter B, Chapter 28, Education Code, is amended by adding Section 28.02565 to read as follows:

Sec. 28.02565. COMPLETION OF COMMUNITY SERVICE AND PAYMENT OF FINES AND COSTS REQUIRED FOR SCHOOL OFFENSES BEFORE HIGH SCHOOL GRADUATION. A student who has been convicted of or placed on deferred adjudication community supervision for a school offense, as defined by Section 37.141, may not graduate from high school and receive a diploma unless the court in which the student was convicted certifies to the school district or open-enrollment charter school in which the student is enrolled that the student has discharged all obligations to perform community service and pay fines and costs imposed for that offense.

SECTION 5. Subchapter C, Chapter 37, Education Code, is amended by adding Section 37.0851 to read as follows:

Sec. 37.0851. RESTRICTIONS ON ARREST OF CHILD. A peace officer, law enforcement officer, or school resource officer:

(1) may not, in plain view of students of a school district, arrest a child for an offense committed on property under the control and jurisdiction of the district unless the child poses an immediate threat to the child's self, a teacher, or a student; and

(2) must comply with Section 37.0021(j) in making an arrest of a child for an offense described by Subdivision (1).

SECTION 6. Section 37.143, Education Code, is amended to read as follows:

Sec. 37.143. [CITATION PROHIBITED;] CUSTODY OF CHILD. [(a) A peace officer, law enforcement officer, or school resource officer may not issue a citation to a child who is alleged to have committed a school offense.

[(b)] This subchapter does not prohibit a child from being taken into custody under Section 52.01, Family Code.

SECTION 7. Section 37.144, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), a [A] school district that commissions peace officers under Section 37.081 shall [may] develop a system of graduated sanctions that the school district may require to be imposed on a child before a complaint is filed or a citation is issued under Section 37.145 against the child for a school offense that is an offense under Section 37.124 or 37.126 or under Section 42.01(a)(1), (2), (3), (4), or (5), Penal Code. A system adopted under this section must include multiple graduated sanctions. The system may require:

(1) a warning letter to be issued to the child and the child's parent or guardian that specifically states the child's alleged school offense and explains the consequences if the child engages in additional misconduct;

(2) a behavior contract with the child that must be signed by the child, the child's parent or guardian, and an employee of the school and that includes a specific description of the behavior that is required or prohibited for the child and the penalties for additional alleged school offenses, including additional disciplinary action or the filing of a complaint in a criminal court;

(3) the performance of school-based community service by the child; and

(4) the referral of the child to counseling, community-based services, mental health services, or other in-school or out-of-school services aimed at addressing the child's behavioral problems.

(a-1) A school district may not adopt a system of graduated sanctions before filing a complaint under Section 37.145 against a child for a school offense if the conduct that constituted the offense:

(1) posed an imminent threat to a teacher's safety; or

(2) resulted in physical harm to a teacher.

SECTION 8. Section 37.145, Education Code, is amended to read as follows:

Sec. 37.145. CITATION OR COMPLAINT. (a) If a child fails to comply with or complete graduated sanctions under Section 37.144, or if the school district is not required [has not elected] to adopt a system of graduated sanctions under that section:

(1) subject to Subsection (a-3), the school may file a complaint against the child with a criminal court in accordance with Section 37.146; or

(2) a peace officer, law enforcement officer, or school resource officer may issue a citation to the child.

(a-1) A peace officer, law enforcement officer, or school resource officer must attach to a citation issued under Subsection (a)(2):

(1) a sworn statement by a person with personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and

(2) a statement from a school employee stating:

(A) whether the child is eligible for or receives special services under Subchapter A, Chapter 29; and

(B) the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed.

(a-2) For a school offense described by Section 37.144(a-1), the school shall file a complaint against the child with a criminal court in accordance with Section 37.146 unless the school knows that a peace officer, law enforcement officer, or school resource officer has issued a citation to the child for the alleged offense.

(a-3) The school may not file a complaint against a child with a criminal court in accordance with Section 37.146 for a school offense if the school knows that a peace officer, law enforcement officer, or school resource officer has issued a citation to the child for the alleged offense.

(b) A peace officer, law enforcement officer, or school resource officer who issues a citation to a child for a school offense under Subsection (a)(2) shall notify the child's school of the issuance of the citation.

(c) A peace officer, law enforcement officer, or school resource officer who issues a citation to a child under Subsection (a)(2) or a school that files a complaint against a child under Subsection (a)(1) or (a-2) shall immediately provide to the parent of or person standing in parental relation to the child a written notice regarding the issuance of the citation or filing of the complaint that includes:

(1) an explanation of the child's and parent's or person's rights under the law related to the issuance of the citation to or filing of the complaint against the child, including the right to legal counsel; and

(2) the potential consequences of the issuance of the citation to or filing of the complaint against the child, including the child's possible arrest.

(d) The Office of Court Administration of the Texas Judicial System shall adopt a model notice for a peace officer, law enforcement officer, school resource officer, or school to use for purposes of Subsection (c).

SECTION 9. Subchapter E-1, Chapter 37, Education Code, is amended by adding Section 37.1455 to read as follows:

Sec. 37.1455. REPORT ON CITATIONS. (a) Not later than the 60th day after the last day of classes for the school year, a school district or open-enrollment charter school shall provide to the agency, in the form and manner prescribed by commissioner rule, a report on the number of citations issued to students enrolled in the district or school during the preceding school year, disaggregated by:

(1) the offense for which the citation was issued;

(2) the student's race;

(3) the student's sex;

(4) the student's age;

(5) the student's grade level;

(6) whether the student is eligible for the district's or school's special education program under Subchapter A, Chapter 29; and

(7) whether the student is educationally disadvantaged.

(b) The agency shall compile the information reported under Subsection (a) and publish a report on the information on the agency's Internet website.

(c) A report required under Subsection (a) or (b) may be combined with another report required under other law.

SECTION 10. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 11. This Act takes effect September 1, 2025.