Bill Text: TX HB1907 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to notification requirements concerning offenses committed by students and school district discretion over admission or placement of certain students.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1907 Detail]
Download: Texas-2011-HB1907-Enrolled.html
H.B. No. 1907 |
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relating to notification requirements concerning offenses | ||
committed by students and school district discretion over admission | ||
or placement of certain students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 15.27, Code of Criminal Procedure, is | ||
amended by amending Subsections (a), (a-1), (b), and (c) and adding | ||
Subsections (k), (l), (m), (n), and (o) to read as follows: | ||
(a) A law enforcement agency that arrests any person or | ||
refers a child to the office or official designated by the juvenile | ||
board who the agency believes is enrolled as a student in a public | ||
primary or secondary school, for an offense listed in Subsection | ||
(h), shall attempt to ascertain whether the person is so enrolled. | ||
If the law enforcement agency ascertains that the individual is | ||
enrolled as a student in a public primary or secondary school, the | ||
head of the agency or a person designated by the head of the agency | ||
shall orally notify the superintendent or a person designated by | ||
the superintendent in the school district in which the student is | ||
enrolled of that arrest or referral within 24 hours after the arrest | ||
or referral is made, or before [ |
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is earlier. If the law enforcement agency cannot ascertain whether | ||
the individual is enrolled as a student, the head of the agency or a | ||
person designated by the head of the agency shall orally notify the | ||
superintendent or a person designated by the superintendent in the | ||
school district in which the student is believed to be enrolled of | ||
that arrest or detention within 24 hours after the arrest or | ||
detention, or before [ |
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earlier. If the individual is a student, the superintendent or the | ||
superintendent's designee shall immediately [ |
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instructional and support personnel who have responsibility for | ||
supervision of the student. All personnel shall keep the | ||
information received in this subsection confidential. The State | ||
Board for Educator Certification may revoke or suspend the | ||
certification of personnel who intentionally violate this | ||
subsection. Within seven days after the date the oral notice is | ||
given, the head of the law enforcement agency or the person | ||
designated by the head of the agency shall mail written | ||
notification, marked "PERSONAL and CONFIDENTIAL" on the mailing | ||
envelope, to the superintendent or the person designated by the | ||
superintendent. The written notification must include the facts | ||
contained in the oral notification, the name of the person who was | ||
orally notified, and the date and time of the oral notification. | ||
Both the oral and written notice shall contain sufficient details | ||
of the arrest or referral and the acts allegedly committed by the | ||
student to enable the superintendent or the superintendent's | ||
designee to determine whether there is a reasonable belief that the | ||
student has engaged in conduct defined as a felony offense by the | ||
Penal Code. The information contained in the notice shall [ |
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considered by the superintendent or the superintendent's designee | ||
in making such a determination. | ||
(a-1) The superintendent or a person designated by the | ||
superintendent in the school district shall [ |
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district employee having direct supervisory responsibility over | ||
the student the information contained in the confidential notice | ||
under Subsection (a) [ |
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(b) On conviction, deferred prosecution, or deferred | ||
adjudication or an adjudication of delinquent conduct of an | ||
individual enrolled as a student in a public primary or secondary | ||
school, for an offense or for any conduct listed in Subsection (h) | ||
of this article, the office of the prosecuting attorney acting in | ||
the case shall orally notify the superintendent or a person | ||
designated by the superintendent in the school district in which | ||
the student is enrolled of the conviction or adjudication and | ||
whether the student is required to register as a sex offender under | ||
Chapter 62. Oral notification must be given within 24 hours of the | ||
time of the order or before [ |
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earlier. The superintendent shall, within 24 hours of receiving | ||
notification from the office of the prosecuting attorney, or before | ||
the next school day, whichever is earlier, notify all instructional | ||
and support personnel who have regular contact with the student. | ||
Within seven days after the date the oral notice is given, the | ||
office of the prosecuting attorney shall mail written notice, which | ||
must contain a statement of the offense of which the individual is | ||
convicted or on which the adjudication, deferred adjudication, or | ||
deferred prosecution is grounded and a statement of whether the | ||
student is required to register as a sex offender under Chapter 62. | ||
(c) A parole, probation, or community supervision office, | ||
including a community supervision and corrections department, a | ||
juvenile probation department, the paroles division of the Texas | ||
Department of Criminal Justice, and the Texas Youth Commission, | ||
having jurisdiction over a student described by Subsection (a), | ||
(b), or (e) who transfers from a school or is subsequently removed | ||
from a school and later returned to a school or school district | ||
other than the one the student was enrolled in when the arrest, | ||
referral to a juvenile court, conviction, or adjudication occurred | ||
shall within 24 hours of learning of the student's transfer or | ||
reenrollment, or before the next school day, whichever is earlier, | ||
notify the superintendent or a person designated by the | ||
superintendent of the school district to which the student | ||
transfers or is returned or, in the case of a private school, the | ||
principal or a school employee designated by the principal of the | ||
school to which the student transfers or is returned of the arrest | ||
or referral in a manner similar to that provided for by Subsection | ||
(a) or (e)(1), or of the conviction or delinquent adjudication in a | ||
manner similar to that provided for by Subsection (b) or (e)(2). | ||
The superintendent of the school district to which the student | ||
transfers or is returned or, in the case of a private school, the | ||
principal of the school to which the student transfers or is | ||
returned shall, within 24 hours of receiving notification under | ||
this subsection or before the next school day, whichever is | ||
earlier, notify all instructional and support personnel who have | ||
regular contact with the student. | ||
(k) Oral or written notice required under this article must | ||
include all pertinent details of the offense or conduct, including | ||
details of any: | ||
(1) assaultive behavior or other violence; | ||
(2) weapons used in the commission of the offense or | ||
conduct; or | ||
(3) weapons possessed during the commission of the | ||
offense or conduct. | ||
(l) If a school district board of trustees learns of a | ||
failure by the superintendent of the district or a district | ||
principal to provide a notice required under Subsection (a), (a-1), | ||
or (b), the board of trustees shall report the failure to the State | ||
Board for Educator Certification. If the governing body of a | ||
private primary or secondary school learns of a failure by the | ||
principal of the school to provide a notice required under | ||
Subsection (e), and the principal holds a certificate issued under | ||
Subchapter B, Chapter 21, Education Code, the governing body shall | ||
report the failure to the State Board for Educator Certification. | ||
(m) If the superintendent of a school district in which the | ||
student is enrolled learns of a failure of the head of a law | ||
enforcement agency or a person designated by the head of the agency | ||
to provide a notification under Subsection (a), the superintendent | ||
or principal shall report the failure to notify to the Commission on | ||
Law Enforcement Officer Standards and Education. | ||
(n) If a juvenile court judge or official designated by the | ||
juvenile board learns of a failure by the office of the prosecuting | ||
attorney to provide a notification required under Subsection (b) or | ||
(g), the official shall report the failure to notify to the elected | ||
prosecuting attorney responsible for the operation of the office. | ||
(o) If the supervisor of a parole, probation, or community | ||
supervision department officer learns of a failure by the officer | ||
to provide a notification under Subsection (c), the supervisor | ||
shall report the failure to notify to the director of the entity | ||
that employs the officer. | ||
SECTION 2. Article 15.27(e)(3), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(3) The principal of a private school in which the | ||
student is enrolled or a school employee designated by the | ||
principal shall [ |
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supervisory responsibility over the student the information | ||
contained in the confidential notice, for the same purposes as | ||
described by Subsection (a-1) [ |
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SECTION 3. The changes in law made by this Act apply only to | ||
an offense committed or conduct that occurs on or after the | ||
effective date of this Act. An offense committed or conduct that | ||
occurs before the effective date of this Act is governed by the law | ||
in effect when the offense was committed or the conduct occurred, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense is committed or conduct occurs | ||
before the effective date of this Act if any element of the offense | ||
or conduct occurs before that date. | ||
SECTION 4. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1907 was passed by the House on April | ||
20, 2011, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1907 on May 25, 2011, by the following vote: Yeas 143, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1907 was passed by the Senate, with | ||
amendments, on May 24, 2011, by the following vote: Yeas 31, Nays | ||
0 | ||
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______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |