Texas 2011 - 82nd Regular

Texas Senate Bill SB1116 Compare Versions

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1	1	By: Whitmire, Hinojosa S.B. No. 1116
2	2	(Madden, Giddings)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement and punishment of certain prohibited
8	8	conduct that occurs on a public school campus or on a vehicle owned
9	9	by a county or school district.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 45.058, Code of Criminal Procedure, is
12	12	amended by adding Subsections (i) and (j) to read as follows:
13	13	(i) If a law enforcement officer issues a citation or files
14	14	a complaint in the manner provided by Article 45.018 for conduct by
15	15	a child 12 years of age or older that is alleged to have occurred on
16	16	school property or on a vehicle owned or operated by a county or
17	17	independent school district, the officer shall submit to the court
18	18	the offense report, a statement by a witness to the alleged conduct,
19	19	and a statement by a victim of the alleged conduct, if any. An
20	20	attorney representing the state may not proceed in a trial of an
21	21	offense unless the law enforcement officer complied with the
22	22	requirements of this subsection.
23	23	(j) Notwithstanding Subsection (g) or (g-1), a law
24	24	enforcement officer may not issue a citation or file a complaint in
25	25	the manner provided by Article 45.018 for conduct by a child younger
26	26	than 12 years of age that is alleged to have occurred on school
27	27	property or on a vehicle owned or operated by a county or
28	28	independent school district.
29	29	SECTION 2. Subsection (a), Section 37.001, Education Code,
30	30	is amended to read as follows:
31	31	(a) The board of trustees of an independent school district
32	32	shall, with the advice of its district-level committee established
33	33	under Subchapter F, Chapter 11, adopt a student code of conduct for
34	34	the district. The student code of conduct must be posted and
35	35	prominently displayed at each school campus or made available for
36	36	review at the office of the campus principal. In addition to
37	37	establishing standards for student conduct, the student code of
38	38	conduct must:
39	39	(1) specify the circumstances, in accordance with this
40	40	subchapter, under which a student may be removed from a classroom,
41	41	campus, [or] disciplinary alternative education program, or
42	42	vehicle owned or operated by the district;
43	43	(2) specify conditions that authorize or require a
44	44	principal or other appropriate administrator to transfer a student
45	45	to a disciplinary alternative education program;
46	46	(3) outline conditions under which a student may be
47	47	suspended as provided by Section 37.005 or expelled as provided by
48	48	Section 37.007;
49	49	(4) specify that consideration will be given, as a
50	50	factor in each decision concerning suspension, removal to a
51	51	disciplinary alternative education program, expulsion, or
52	52	placement in a juvenile justice alternative education program,
53	53	regardless of whether the decision concerns a mandatory or
54	54	discretionary action, to:
55	55	(A) self-defense;
56	56	(B) intent or lack of intent at the time the
57	57	student engaged in the conduct;
58	58	(C) a student's disciplinary history; or
59	59	(D) a disability that substantially impairs the
60	60	student's capacity to appreciate the wrongfulness of the student's
61	61	conduct;
62	62	(5) provide guidelines for setting the length of a
63	63	term of:
64	64	(A) a removal under Section 37.006; and
65	65	(B) an expulsion under Section 37.007;
66	66	(6) address the notification of a student's parent or
67	67	guardian of a violation of the student code of conduct committed by
68	68	the student that results in suspension, removal to a disciplinary
69	69	alternative education program, or expulsion;
70	70	(7) prohibit bullying, harassment, and making hit
71	71	lists and ensure that district employees enforce those
72	72	prohibitions; and
73	73	(8) provide, as appropriate for students at each grade
74	74	level, methods, including options, for:
75	75	(A) managing students in the classroom, [and] on
76	76	school grounds, and on a vehicle owned or operated by the district;
77	77	(B) disciplining students; and
78	78	(C) preventing and intervening in student
79	79	discipline problems, including bullying, harassment, and making
80	80	hit lists.
81	81	SECTION 3. Subsections (b) and (f), Section 37.081,
82	82	Education Code, are amended to read as follows:
83	83	(b) In a peace officer's jurisdiction, a peace officer
84	84	commissioned under this section:
85	85	(1) has the powers, privileges, and immunities of
86	86	peace officers;
87	87	(2) may enforce all laws, including municipal
88	88	ordinances, county ordinances, and state laws; and
89	89	(3) may, in accordance with Chapter 52, Family Code,
90	90	or Article 45.058, Code of Criminal Procedure, take a child
91	91	[juvenile] into custody.
92	92	(f) The chief of police of the school district police
93	93	department shall be accountable to the superintendent and shall
94	94	report to the superintendent [or the superintendent's designee].
95	95	School district police officers shall be supervised by the chief of
96	96	police of the school district or the chief of police's designee and
97	97	shall be licensed by the Commission on Law Enforcement Officer
98	98	Standards and Education.
99	99	SECTION 4. Subsection (a), Section 37.124, Education Code,
100	100	is amended to read as follows:
101	101	(a) A person other than a primary or secondary grade student
102	102	commits an offense if the person, on school property or on public
103	103	property within 500 feet of school property, alone or in concert
104	104	with others, intentionally disrupts the conduct of classes or other
105	105	school activities.
106	106	SECTION 5. Subsection (a), Section 37.126, Education Code,
107	107	is amended to read as follows:
108	108	(a) Except as provided by Section 37.125, a person other
109	109	than a primary or secondary grade student commits an offense if the
110	110	person intentionally disrupts, prevents, or interferes with the
111	111	lawful transportation of children to or from school or an activity
112	112	sponsored by a school on a vehicle owned or operated by a county or
113	113	independent school district.
114	114	SECTION 6. Section 42.01, Penal Code, is amended by adding
115	115	Subsection (a-1) to read as follows:
116	116	(a-1) For purposes of Subsection (a), the term "public
117	117	place" includes a public school campus or school grounds on which a
118	118	public school is located.
119	119	SECTION 7. The changes in law made by this Act in amending
120	120	Article 45.058, Code of Criminal Procedure, Sections 37.124 and
121	121	37.126, Education Code, and Section 42.01, Penal Code, apply only
122	122	to an offense committed on or after the effective date of this Act.
123	123	An offense committed before the effective date of this Act is
124	124	governed by the law in effect on the date the offense was committed,
125	125	and the former law is continued in effect for that purpose. For
126	126	purposes of this section, an offense was committed before the
127	127	effective date of this Act if any element of the offense occurred
128	128	before that date.
129	129	SECTION 8. This Act takes effect September 1, 2011.