Texas 2015 - 84th Regular

Texas House Bill HB2010 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8418 GCB-D
2	2	By: Raymond H.B. No. 2010
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public and private school searches of students with
8	8	parental consent and certain disciplinary measures and other
9	9	procedures that may arise from such a search.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 37, Education Code, is
12	12	amended by adding Sections 37.0012 and 37.0013 to read as follows:
13	13	Sec. 37.0012. PARENTAL-CONSENT SEARCH. (a) The principal
14	14	of a public or private primary or secondary school or
15	15	open-enrollment charter school who suspects a student of engaging
16	16	in harmful or illegal conduct that poses a serious risk to the
17	17	student or other students at the school may, with consent from the
18	18	parent or guardian of the student, search the student and the
19	19	possessions of the student for evidence of a violation of the law or
20	20	school policy. If the student's parent or guardian consents to the
21	21	search, the principal may conduct the search with the assistance of
22	22	a peace officer commissioned by the board of trustees of a district
23	23	or security personnel employed by the school.
24	24	(b) The principal of a public or private primary or
25	25	secondary school or open-enrollment charter school or a peace
26	26	officer commissioned by the board of trustees of a district or
27	27	security personnel employed by the school shall confiscate any item
28	28	or substance prohibited by law and immediately deliver the item or
29	29	substance to a local law enforcement agency.
30	30	Sec. 37.0013. DISCIPLINE FOR VIOLATIONS OF LAW OR SCHOOL
31	31	POLICY DISCOVERED IN PARENTAL-CONSENT SEARCH. (a) A student found
32	32	to be in violation of law or school policy based on a
33	33	parental-consent search conducted under Section 37.0012 may not be
34	34	expelled for the violation.
35	35	(b) A student found to be in violation of law or school
36	36	policy based on a parental-consent search conducted under Section
37	37	37.0012 may, with the consent of the student's parent or guardian,
38	38	be subject to compulsory attendance at, as appropriate:
39	39	(1) a youth boot camp established under Section
40	40	37.013(b);
41	41	(2) a substance abuse treatment program established
42	42	under Section 37.013(c); and
43	43	(3) a juvenile justice alternative education program.
44	44	SECTION 2. Section 37.007(a), Education Code, is amended to
45	45	read as follows:
46	46	(a) Except as provided by Subsection (k) or Section 37.0013,
47	47	a student shall be expelled from a school if the student, on school
48	48	property or while attending a school-sponsored or school-related
49	49	activity on or off of school property:
50	50	(1) uses, exhibits, or possesses:
51	51	(A) a firearm as defined by Section 46.01(3),
52	52	Penal Code;
53	53	(B) an illegal knife as defined by Section
54	54	46.01(6), Penal Code, or by local policy;
55	55	(C) a club as defined by Section 46.01(1), Penal
56	56	Code; or
57	57	(D) a weapon listed as a prohibited weapon under
58	58	Section 46.05, Penal Code;
59	59	(2) engages in conduct that contains the elements of
60	60	the offense of:
61	61	(A) aggravated assault under Section 22.02,
62	62	Penal Code, sexual assault under Section 22.011, Penal Code, or
63	63	aggravated sexual assault under Section 22.021, Penal Code;
64	64	(B) arson under Section 28.02, Penal Code;
65	65	(C) murder under Section 19.02, Penal Code,
66	66	capital murder under Section 19.03, Penal Code, or criminal
67	67	attempt, under Section 15.01, Penal Code, to commit murder or
68	68	capital murder;
69	69	(D) indecency with a child under Section 21.11,
70	70	Penal Code;
71	71	(E) aggravated kidnapping under Section 20.04,
72	72	Penal Code;
73	73	(F) aggravated robbery under Section 29.03,
74	74	Penal Code;
75	75	(G) manslaughter under Section 19.04, Penal
76	76	Code;
77	77	(H) criminally negligent homicide under Section
78	78	19.05, Penal Code; or
79	79	(I) continuous sexual abuse of young child or
80	80	children under Section 21.02, Penal Code; or
81	81	(3) engages in conduct specified by Section
82	82	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
83	83	SECTION 3. Section 37.013, Education Code, is amended to
84	84	read as follows:
85	85	Sec. 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND
86	86	JUVENILE BOARDS; YOUTH BOOT CAMP; SUBSTANCE ABUSE TREATMENT
87	87	PROGRAM. (a) The board of trustees of the school district or the
88	88	board's designee shall at the call of the president of the board of
89	89	trustees regularly meet with the juvenile board for the county in
90	90	which the district's central administrative office is located or
91	91	the juvenile board's designee concerning supervision and
92	92	rehabilitative services appropriate for expelled students and
93	93	students assigned to disciplinary alternative education programs.
94	94	Matters for discussion shall include service by probation officers
95	95	at the disciplinary alternative education program site,
96	96	recruitment of volunteers to serve as mentors and provide tutoring
97	97	services, and coordination with other social service agencies.
98	98	(b) The board of trustees of a school district or governing
99	99	body of an open-enrollment charter school or private school may
100	100	cooperate with the juvenile board of the county or local juvenile
101	101	probation department in establishing a youth boot camp in
102	102	accordance with Section 152.0011, Human Resources Code, for
103	103	students who violate a law or school policy in a manner that poses a
104	104	serious risk to the student or other students at the school.
105	105	(c) The board of trustees of a school district or governing
106	106	body of an open-enrollment charter school or private school may
107	107	cooperate with the juvenile board of the county or local juvenile
108	108	probation department in establishing a substance abuse treatment
109	109	program for students who violate a law or school policy by engaging
110	110	in prohibited conduct related to the use, possession, or delivery
111	111	of alcohol or a controlled substance.
112	112	SECTION 4. Chapter 54, Family Code, is amended by adding
113	113	Section 54.0321 to read as follows:
114	114	Sec. 54.0321. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
115	115	CERTAIN CASES ON COMPLETION OF DISCIPLINARY PROGRAM. (a) This
116	116	section applies only to a child who, based on evidence obtained
117	117	pursuant to a parental-consent search under Section 37.0012,
118	118	Education Code, is alleged to have engaged in conduct indicating a
119	119	need for supervision or delinquent conduct.
120	120	(b) A juvenile court may defer adjudication proceedings
121	121	under Section 54.03 for not more than 180 days if a child described
122	122	by Subsection (a) presents to the court a written request to attend
123	123	a disciplinary program under Section 37.0013, Education Code.
124	124	(c) A child for whom adjudication proceedings are deferred
125	125	under Subsection (b) shall complete the disciplinary program not
126	126	later than the 90th day after the date the teen court hearing to
127	127	determine punishment is held or the last day of the deferral period,
128	128	whichever date is earlier. The court shall dismiss the case with
129	129	prejudice at the time the child presents satisfactory evidence that
130	130	the child has successfully completed the disciplinary program.
131	131	(d) A case dismissed under this section may not be part of
132	132	the child's records for any purpose.
133	133	SECTION 5. Section 58.003, Family Code, is amended by
134	134	adding Subsections (c-9) and (d-1) to read as follows:
135	135	(c-9) This subsection applies only to a child who, based on
136	136	evidence obtained pursuant to a parental-consent search under
137	137	Section 37.0012, Education Code, is adjudicated to have engaged in
138	138	conduct indicating a need for supervision or delinquent conduct.
139	139	Notwithstanding Subsections (a) and (c) and subject to Subsection
140	140	(b), a juvenile court may order the sealing of records concerning a
141	141	child described by this subsection if the child successfully
142	142	completed a disciplinary program described by Section 37.0012,
143	143	Education Code, or graduated from high school or received the
144	144	child's certificate of high school equivalency. The court may:
145	145	(1) order the sealing of the records immediately and
146	146	without a hearing; or
147	147	(2) hold a hearing to determine whether to seal the
148	148	records.
149	149	(d-1) The court may grant the relief authorized under
150	150	Subsection (c-9) at any time after the child satisfies the
151	151	requirements of that subsection. If the child is referred to the
152	152	juvenile court for conduct indicating a need for supervision or
153	153	delinquent conduct and at the adjudication hearing the child is not
154	154	found to have engaged in that conduct, the court shall immediately
155	155	and without any additional hearing order the sealing of all files
156	156	and records relating to the case.
157	157	SECTION 6. This Act takes effect immediately if it receives
158	158	a vote of two-thirds of all the members elected to each house, as
159	159	provided by Section 39, Article III, Texas Constitution. If this
160	160	Act does not receive the vote necessary for immediate effect, this
161	161	Act takes effect September 1, 2015.