| 1 | 1 | | 81R4891 CAS-D |
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| 2 | 2 | | By: Farrar H.B. No. 683 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to contact between a public school student who assaults |
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| 8 | 8 | | another student and the student victim. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 25, Education Code, is |
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| 11 | 11 | | amended by adding Section 25.902 to read as follows: |
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| 12 | 12 | | Sec. 25.902. CONTACT BETWEEN STUDENT WHO COMMITS ASSAULT |
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| 13 | 13 | | AND STUDENT VICTIM. (a) This section applies only to: |
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| 14 | 14 | | (1) a student who: |
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| 15 | 15 | | (A) has been convicted of an offense described by |
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| 16 | 16 | | Section 37.006(a)(2)(B) or 37.007(a)(2)(A); |
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| 17 | 17 | | (B) has been found by a court to have engaged in |
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| 18 | 18 | | delinquent conduct on the basis of conduct described by Section |
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| 19 | 19 | | 37.006(a)(2)(B) or 37.007(a)(2)(A); or |
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| 20 | 20 | | (C) has been accused of committing an offense |
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| 21 | 21 | | described by Section 37.006(a)(2)(B) or 37.007(a)(2)(A) or of |
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| 22 | 22 | | engaging in conduct that contains the elements of such an offense, |
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| 23 | 23 | | and has had a protective order issued against the student in |
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| 24 | 24 | | connection with the alleged offense or conduct; and |
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| 25 | 25 | | (2) a student who is the victim of conduct described by |
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| 26 | 26 | | Subdivision (1). |
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| 27 | 27 | | (b) A student who is a victim to whom Subsection (a)(2) |
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| 28 | 28 | | applies and who is assigned to the same campus as the student who |
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| 29 | 29 | | committed the offense or engaged in the conduct may notify a |
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| 30 | 30 | | counselor at the campus, or in the student's school district if the |
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| 31 | 31 | | campus does not have a counselor, of the offense or other conduct |
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| 32 | 32 | | and request that the counselor attempt to ensure limited contact |
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| 33 | 33 | | between the victim and the other student in the manner provided by |
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| 34 | 34 | | Subsection (c). |
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| 35 | 35 | | (c) For purposes of this subsection, "parent" includes a |
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| 36 | 36 | | person standing in parental relation. On receiving a request under |
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| 37 | 37 | | Subsection (b) from a student who is a victim, the counselor shall |
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| 38 | 38 | | suggest to the parent of the student who committed the offense or |
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| 39 | 39 | | engaged in the conduct that the parent attempt to transfer the |
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| 40 | 40 | | student to or enroll the student in another school. If the |
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| 41 | 41 | | student's parent refuses or is unable to transfer the student to or |
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| 42 | 42 | | enroll the student in another school, the counselor shall develop a |
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| 43 | 43 | | plan for ensuring that the student and the student who is the victim |
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| 44 | 44 | | have limited contact during the school day and during any |
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| 45 | 45 | | extracurricular activities. The counselor shall coordinate with |
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| 46 | 46 | | the parent of the student who committed the offense or engaged in |
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| 47 | 47 | | the conduct and the parent of the victim separately in developing |
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| 48 | 48 | | the plan. |
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| 49 | 49 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 50 | 50 | | school year. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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