Bill Text: TX SB2135 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to information a law enforcement agency is required to share with a school district about a person who may be a student.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-04 - Effective on 9/1/19 [SB2135 Detail]
Download: Texas-2019-SB2135-Enrolled.html
S.B. No. 2135 |
|
||
relating to information a law enforcement agency is required to | ||
share with a school district about a person who may be a student. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 15.27, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (k-1) 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 the next school day, whichever 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 the next school day, whichever is earlier. If | ||
the individual is a student, the superintendent or the | ||
superintendent's designee shall immediately notify all | ||
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 or whether it is necessary to conduct a threat assessment | ||
or prepare a safety plan related to the student. The information | ||
contained in the notice shall be considered by the superintendent | ||
or the superintendent's designee in making such a determination. | ||
(k-1) In addition to the information provided under | ||
Subsection (k), the law enforcement agency shall provide to the | ||
superintendent or superintendent's designee information relating | ||
to the student that is requested for the purpose of conducting a | ||
threat assessment or preparing a safety plan relating to that | ||
student. A school board may enter into a memorandum of | ||
understanding with a law enforcement agency regarding the exchange | ||
of information relevant to conducting a threat assessment or | ||
preparing a safety plan. Absent a memorandum of understanding, the | ||
information requested by the superintendent or the | ||
superintendent's designee shall be considered relevant. | ||
SECTION 2. Section 37.006(e), Education Code, is amended to | ||
read as follows: | ||
(e) In determining whether there is a reasonable belief that | ||
a student has engaged in conduct defined as a felony offense by the | ||
Penal Code, the superintendent or the superintendent's designee may | ||
consider all available information, including the information | ||
furnished under Article 15.27, Code of Criminal Procedure, other | ||
than information requested under Article 15.27(k-1), Code of | ||
Criminal Procedure. | ||
SECTION 3. Section 58.008, Family Code, is amended by | ||
amending Subsection (d) and adding Subsection (d-1) to read as | ||
follows: | ||
(d) Law enforcement records concerning a child may be | ||
inspected or copied by: | ||
(1) a juvenile justice agency, as defined by Section | ||
58.101; | ||
(2) a criminal justice agency, as defined by Section | ||
411.082, Government Code; | ||
(3) the child; [ |
||
(4) the child's parent or guardian; or | ||
(5) the chief executive officer or the officer's | ||
designee of a primary or secondary school where the child is | ||
enrolled only for the purpose of conducting a threat assessment or | ||
preparing a safety plan related to the child. | ||
(d-1) For purposes of Subsection (d), "chief executive | ||
officer" includes: | ||
(1) the superintendent of a public school; | ||
(2) the director of an open-enrollment charter school; | ||
and | ||
(3) the chief executive officer of a private school. | ||
SECTION 4. Article 15.27(a), Code of Criminal Procedure, as | ||
amended by this Act, and Article 15.27(k-1), Code of Criminal | ||
Procedure, as added by this Act, apply only to information related | ||
to an arrest or referral made on or after the effective date of this | ||
Act. | ||
SECTION 5. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2135 passed the Senate on | ||
April 29, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2135 passed the House on | ||
May 17, 2019, by the following vote: Yeas 137, Nays 5, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |