Bill Text: TX HB822 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to requiring the expulsion of a public school student who engages in certain conduct that constitutes the felony offense of terroristic threat.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-29 - Left pending in committee [HB822 Detail]
Download: Texas-2021-HB822-Introduced.html
87R2348 KJE-D | ||
By: Burns | H.B. No. 822 |
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relating to requiring the expulsion of a public school student who | ||
engages in certain conduct that constitutes the felony offense of | ||
terroristic threat. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 37.007(a), (b), and (i), Education | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (k), a student shall be | ||
expelled from a school if the student: | ||
(1) engages in conduct involving a public school that | ||
contains the elements of the offense of terroristic threat under | ||
Section 22.07, Penal Code, if the conduct is punishable as a felony; | ||
or | ||
(2) while [ |
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school-sponsored or school-related activity on or off of school | ||
property: | ||
(A) [ |
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elements of the offense of unlawfully carrying weapons under | ||
Section 46.02, Penal Code, or elements of an offense relating to | ||
prohibited weapons under Section 46.05, Penal Code; | ||
(B) [ |
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elements of the offense of: | ||
(i) [ |
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22.02, Penal Code, sexual assault under Section 22.011, Penal Code, | ||
or aggravated sexual assault under Section 22.021, Penal Code; | ||
(ii) [ |
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Code; | ||
(iii) [ |
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Penal Code, capital murder under Section 19.03, Penal Code, or | ||
criminal attempt, under Section 15.01, Penal Code, to commit murder | ||
or capital murder; | ||
(iv) [ |
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Section 21.11, Penal Code; | ||
(v) [ |
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Section 20.04, Penal Code; | ||
(vi) [ |
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29.03, Penal Code; | ||
(vii) [ |
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19.04, Penal Code; | ||
(viii) [ |
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under Section 19.05, Penal Code; or | ||
(ix) [ |
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child or children under Section 21.02, Penal Code; or | ||
(C) [ |
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Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a | ||
felony. | ||
(b) A student may be expelled if the student: | ||
(1) engages in conduct involving a public school that | ||
contains the elements of the offense of: | ||
(A) false alarm or report under Section 42.06, | ||
Penal Code;[ |
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(B) terroristic threat under Section 22.07, | ||
Penal Code, if the conduct is punishable as a misdemeanor; | ||
(2) while on or within 300 feet of school property, as | ||
measured from any point on the school's real property boundary | ||
line, or while attending a school-sponsored or school-related | ||
activity on or off of school property: | ||
(A) sells, gives, or delivers to another person | ||
or possesses, uses, or is under the influence of any amount of: | ||
(i) marihuana or a controlled substance, as | ||
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. | ||
Section 801 et seq.; | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; or | ||
(iii) an alcoholic beverage, as defined by | ||
Section 1.04, Alcoholic Beverage Code; | ||
(B) engages in conduct that contains the elements | ||
of an offense relating to an abusable volatile chemical under | ||
Sections 485.031 through 485.034, Health and Safety Code; | ||
(C) engages in conduct that contains the elements | ||
of an offense under Section 22.01(a)(1), Penal Code, against a | ||
school district employee or a volunteer as defined by Section | ||
22.053; or | ||
(D) engages in conduct that contains the elements | ||
of the offense of deadly conduct under Section 22.05, Penal Code; | ||
(3) subject to Subsection (d), while within 300 feet | ||
of school property, as measured from any point on the school's real | ||
property boundary line: | ||
(A) engages in conduct specified by Subsection | ||
(a)(2) [ |
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(B) possesses a firearm, as defined by 18 U.S.C. | ||
Section 921; | ||
(4) engages in conduct that contains the elements of | ||
any offense listed in Subsection (a)(2)(B)(i) [ |
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[ |
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Penal Code, against another student, without regard to whether the | ||
conduct occurs on or off of school property or while attending a | ||
school-sponsored or school-related activity on or off of school | ||
property; or | ||
(5) engages in conduct that contains the elements of | ||
the offense of breach of computer security under Section 33.02, | ||
Penal Code, if: | ||
(A) the conduct involves accessing a computer, | ||
computer network, or computer system owned by or operated on behalf | ||
of a school district; and | ||
(B) the student knowingly: | ||
(i) alters, damages, or deletes school | ||
district property or information; or | ||
(ii) commits a breach of any other | ||
computer, computer network, or computer system. | ||
(i) A student who engages in conduct described by Subsection | ||
(a)(2) [ |
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the student attends school if the student engages in that conduct: | ||
(1) on school property of another district in this | ||
state; or | ||
(2) while attending a school-sponsored or | ||
school-related activity of a school in another district in this | ||
state. | ||
SECTION 2. Section 37.002(d), Education Code, is amended to | ||
read as follows: | ||
(d) A teacher shall remove from class and send to the | ||
principal for placement in a disciplinary alternative education | ||
program or for expulsion, as appropriate, a student who engages in | ||
conduct described under Section 37.006 or 37.007. The student may | ||
not be returned to that teacher's class without the teacher's | ||
consent unless the committee established under Section 37.003 | ||
determines that such placement is the best or only alternative | ||
available. If the teacher removed the student from class because | ||
the student has engaged in the elements of any offense listed in | ||
Section 37.006(a)(2)(B) or Section 37.007(a)(2)(B)(i) | ||
[ |
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not be returned to the teacher's class without the teacher's | ||
consent. The teacher may not be coerced to consent. | ||
SECTION 3. Section 37.0021(f), Education Code, is amended | ||
to read as follows: | ||
(f) For purposes of this subsection, "weapon" includes any | ||
weapon described under Section 37.007(a)(2)(A) [ |
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This section does not prevent a student's locked, unattended | ||
confinement in an emergency situation while awaiting the arrival of | ||
law enforcement personnel if: | ||
(1) the student possesses a weapon; and | ||
(2) the confinement is necessary to prevent the | ||
student from causing bodily harm to the student or another person. | ||
SECTION 4. Section 37.006(a), Education Code, is amended to | ||
read as follows: | ||
(a) A student shall be removed from class and placed in a | ||
disciplinary alternative education program as provided by Section | ||
37.008 if the student: | ||
(1) engages in conduct involving a public school that | ||
contains the elements of the offense of false alarm or report under | ||
Section 42.06, Penal Code[ |
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(2) commits the following on or within 300 feet of | ||
school property, as measured from any point on the school's real | ||
property boundary line, or while attending a school-sponsored or | ||
school-related activity on or off of school property: | ||
(A) engages in conduct punishable as a felony; | ||
(B) engages in conduct that contains the elements | ||
of the offense of assault under Section 22.01(a)(1), Penal Code; | ||
(C) sells, gives, or delivers to another person | ||
or possesses or uses or is under the influence of: | ||
(i) marihuana or a controlled substance, as | ||
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. | ||
Section 801 et seq.; or | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; | ||
(D) sells, gives, or delivers to another person | ||
an alcoholic beverage, as defined by Section 1.04, Alcoholic | ||
Beverage Code, commits a serious act or offense while under the | ||
influence of alcohol, or possesses, uses, or is under the influence | ||
of an alcoholic beverage; | ||
(E) engages in conduct that contains the elements | ||
of an offense relating to an abusable volatile chemical under | ||
Sections 485.031 through 485.034, Health and Safety Code; | ||
(F) engages in conduct that contains the elements | ||
of the offense of public lewdness under Section 21.07, Penal Code, | ||
or indecent exposure under Section 21.08, Penal Code; or | ||
(G) engages in conduct that contains the elements | ||
of the offense of harassment under Section 42.07(a)(1), (2), (3), | ||
or (7), Penal Code, against an employee of the school district. | ||
SECTION 5. Section 37.011(b), Education Code, is amended to | ||
read as follows: | ||
(b) If a student admitted into the public schools of a | ||
school district under Section 25.001(b) is expelled from school for | ||
conduct for which expulsion is required under Section 37.007(a), | ||
(d), or (e), [ |
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the juvenile board's designee, as appropriate, shall: | ||
(1) if the student is placed on probation under | ||
Section 54.04, Family Code, order the student to attend the | ||
juvenile justice alternative education program in the county in | ||
which the student resides from the date of disposition as a | ||
condition of probation, unless the child is placed in a | ||
post-adjudication treatment facility; | ||
(2) if the student is placed on deferred prosecution | ||
under Section 53.03, Family Code, by the court, prosecutor, or | ||
probation department, require the student to immediately attend the | ||
juvenile justice alternative education program in the county in | ||
which the student resides for a period not to exceed six months as a | ||
condition of the deferred prosecution; | ||
(3) in determining the conditions of the deferred | ||
prosecution or court-ordered probation, consider the length of the | ||
school district's expulsion order for the student; and | ||
(4) provide timely educational services to the student | ||
in the juvenile justice alternative education program in the county | ||
in which the student resides, regardless of the student's age or | ||
whether the juvenile court has jurisdiction over the student. | ||
SECTION 6. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |