| 9 | | - | SECTION 1. Article 62.053(a), Code of Criminal Procedure, |
|---|
| 10 | | - | is amended to read as follows: |
|---|
| 11 | | - | (a) Before a person who will be subject to registration |
|---|
| 12 | | - | under this chapter is due to be released from a penal institution, |
|---|
| 13 | | - | the Texas Department of Criminal Justice or the Texas Juvenile |
|---|
| 14 | | - | Justice Department shall determine the person's level of risk to |
|---|
| 15 | | - | the community using the sex offender screening tool developed or |
|---|
| 16 | | - | selected under Article 62.007 and assign to the person a numeric |
|---|
| 17 | | - | risk level of one, two, or three. Before releasing the person, an |
|---|
| 18 | | - | official of the penal institution shall: |
|---|
| 19 | | - | (1) inform the person that: |
|---|
| 20 | | - | (A) not later than the later of the seventh day |
|---|
| 21 | | - | after the date on which the person is released or after the date on |
|---|
| 22 | | - | which the person moves from a previous residence to a new residence |
|---|
| 23 | | - | in this state or not later than the first date the applicable local |
|---|
| 24 | | - | law enforcement authority by policy allows the person to register |
|---|
| 25 | | - | or verify registration, the person must register or verify |
|---|
| 26 | | - | registration with the local law enforcement authority in the |
|---|
| 27 | | - | municipality or county in which the person intends to reside; |
|---|
| 28 | | - | (B) not later than the seventh day after the date |
|---|
| 29 | | - | on which the person is released or the date on which the person |
|---|
| 30 | | - | moves from a previous residence to a new residence in this state, |
|---|
| 31 | | - | the person must, if the person has not moved to an intended |
|---|
| 32 | | - | residence, report to the applicable entity or entities as required |
|---|
| 33 | | - | by Article 62.051(h) or (j) or 62.055(e); |
|---|
| 34 | | - | (C) not later than the seventh day before the |
|---|
| 35 | | - | date on which the person moves to a new residence in this state or |
|---|
| 36 | | - | another state, the person must report in person to the local law |
|---|
| 37 | | - | enforcement authority designated as the person's primary |
|---|
| 38 | | - | registration authority by the department and to the juvenile |
|---|
| 39 | | - | probation officer, community supervision and corrections |
|---|
| 40 | | - | department officer, or parole officer supervising the person; |
|---|
| 41 | | - | (D) not later than the 10th day after the date on |
|---|
| 42 | | - | which the person arrives in another state in which the person |
|---|
| 43 | | - | intends to reside, the person must register with the law |
|---|
| 44 | | - | enforcement agency that is identified by the department as the |
|---|
| 45 | | - | agency designated by that state to receive registration |
|---|
| 46 | | - | information, if the other state has a registration requirement for |
|---|
| 47 | | - | sex offenders; |
|---|
| 48 | | - | (E) not later than the 30th day after the date on |
|---|
| 49 | | - | which the person is released, the person must apply to the |
|---|
| 50 | | - | department in person for the issuance of an original or renewal |
|---|
| 51 | | - | driver's license or personal identification certificate and a |
|---|
| 52 | | - | failure to apply to the department as required by this paragraph |
|---|
| 53 | | - | results in the automatic revocation of any driver's license or |
|---|
| 54 | | - | personal identification certificate issued by the department to the |
|---|
| 55 | | - | person; |
|---|
| 56 | | - | (F) the person must notify appropriate entities |
|---|
| 57 | | - | of any change in status as described by Article 62.057; [and] |
|---|
| 58 | | - | (G) certain types of employment are prohibited |
|---|
| 59 | | - | under Article 62.063 for a person with a reportable conviction or |
|---|
| 60 | | - | adjudication for a sexually violent offense involving a victim |
|---|
| 61 | | - | younger than 14 years of age occurring on or after September 1, |
|---|
| 62 | | - | 2013; and |
|---|
| 63 | | - | (H) if the person enters the premises of a school |
|---|
| 64 | | - | as described by Article 62.064 and is subject to the requirements of |
|---|
| 65 | | - | that article, the person must immediately notify the administrative |
|---|
| 66 | | - | office of the school of the person's presence and the person's |
|---|
| 67 | | - | registration status under this chapter; |
|---|
| 68 | | - | (2) require the person to sign a written statement |
|---|
| 69 | | - | that the person was informed of the person's duties as described by |
|---|
| 70 | | - | Subdivision (1) or Subsection (g) or, if the person refuses to sign |
|---|
| 71 | | - | the statement, certify that the person was so informed; |
|---|
| 72 | | - | (3) obtain the address or, if applicable, a detailed |
|---|
| 73 | | - | description of each geographical location where the person expects |
|---|
| 74 | | - | to reside on the person's release and other registration |
|---|
| 75 | | - | information, including a photograph and complete set of |
|---|
| 76 | | - | fingerprints; and |
|---|
| 77 | | - | (4) complete the registration form for the person. |
|---|
| 78 | | - | SECTION 2. Article 62.058, Code of Criminal Procedure, is |
|---|
| 79 | | - | amended by adding Subsection (g) to read as follows: |
|---|
| 80 | | - | (g) A local law enforcement authority who provides a person |
|---|
| 81 | | - | with a registration form for verification as required by this |
|---|
| 82 | | - | chapter shall include with the form a statement and, if applicable, |
|---|
| 83 | | - | a description of the person's duty to provide notice under Article |
|---|
| 84 | | - | 62.064. |
|---|
| 85 | | - | SECTION 3. Subchapter B, Chapter 62, Code of Criminal |
|---|
| 86 | | - | Procedure, is amended by adding Article 62.064 to read as follows: |
|---|
| 87 | | - | Art. 62.064. ENTRY ONTO SCHOOL PREMISES; NOTICE REQUIRED. |
|---|
| 88 | | - | (a) In this article: |
|---|
| 89 | | - | (1) "Premises" means a building or portion of a |
|---|
| 90 | | - | building and the grounds on which the building is located, |
|---|
| 91 | | - | including any public or private driveway, street, sidewalk or |
|---|
| 92 | | - | walkway, parking lot, or parking garage on the grounds. |
|---|
| 93 | | - | (2) "School" has the meaning assigned by Section |
|---|
| 94 | | - | 481.134, Health and Safety Code. |
|---|
| 95 | | - | (b) A person subject to registration under this chapter who |
|---|
| 96 | | - | enters the premises of any school in this state during the standard |
|---|
| 97 | | - | operating hours of the school shall immediately notify the |
|---|
| 98 | | - | administrative office of the school of the person's presence on the |
|---|
| 99 | | - | premises of the school and the person's registration status under |
|---|
| 100 | | - | this chapter. The office may provide a chaperon to accompany the |
|---|
| 101 | | - | person while the person is on the premises of the school. |
|---|
| 102 | | - | (c) The requirements of this article: |
|---|
| 103 | | - | (1) are in addition to any requirement associated with |
|---|
| 104 | | - | the imposition of a child safety zone on the person under Section |
|---|
| 105 | | - | 508.187, Government Code, or Article 42A.453 of this code; and |
|---|
| 106 | | - | (2) do not apply to: |
|---|
| 107 | | - | (A) a student enrolled at the school; |
|---|
| 108 | | - | (B) a student from another school participating |
|---|
| 109 | | - | at an event at the school; or |
|---|
| 110 | | - | (C) a person who has entered into a written |
|---|
| 111 | | - | agreement with the school that exempts the person from those |
|---|
| 112 | | - | requirements. |
|---|
| 113 | | - | SECTION 4. Section 37.001(a), Education Code, as amended by |
|---|
| 12 | + | SECTION 1. Section 37.001(a), Education Code, as amended by |
|---|
| 114 | 13 | | Chapters 487 (S.B. 1541) and 1409 (S.B. 1114), Acts of the 83rd |
|---|
| 115 | 14 | | Legislature, Regular Session, 2013, is reenacted and amended to |
|---|
| 116 | 15 | | read as follows: |
|---|
| 117 | 16 | | (a) The board of trustees of an independent school district |
|---|
| 118 | 17 | | shall, with the advice of its district-level committee established |
|---|
| 119 | 18 | | under Subchapter F, Chapter 11, adopt a student code of conduct for |
|---|
| 120 | 19 | | the district. The student code of conduct must be posted and |
|---|
| 121 | 20 | | prominently displayed at each school campus or made available for |
|---|
| 122 | 21 | | review at the office of the campus principal. In addition to |
|---|
| 123 | 22 | | establishing standards for student conduct, the student code of |
|---|
| 124 | 23 | | conduct must: |
|---|
| 125 | 24 | | (1) specify the circumstances, in accordance with this |
|---|
| 126 | 25 | | subchapter, under which a student may be removed from a classroom, |
|---|
| 127 | 26 | | campus, disciplinary alternative education program, or vehicle |
|---|
| 128 | 27 | | owned or operated by the district; |
|---|
| 129 | 28 | | (2) specify conditions that authorize or require a |
|---|
| 130 | 29 | | principal or other appropriate administrator to transfer a student |
|---|
| 131 | 30 | | to a disciplinary alternative education program; |
|---|
| 132 | 31 | | (3) outline conditions under which a student may be |
|---|
| 133 | 32 | | suspended as provided by Section 37.005 or expelled as provided by |
|---|
| 134 | 33 | | Section 37.007; |
|---|
| 135 | 34 | | (4) specify that consideration will be given, as a |
|---|
| 136 | 35 | | factor in each decision concerning suspension, removal to a |
|---|
| 137 | 36 | | disciplinary alternative education program, expulsion, or |
|---|
| 138 | 37 | | placement in a juvenile justice alternative education program, |
|---|
| 139 | 38 | | regardless of whether the decision concerns a mandatory or |
|---|
| 140 | 39 | | discretionary action, to: |
|---|
| 141 | 40 | | (A) self-defense; |
|---|
| 142 | 41 | | (B) intent or lack of intent at the time the |
|---|
| 143 | 42 | | student engaged in the conduct; |
|---|
| 144 | 43 | | (C) a student's disciplinary history; or |
|---|
| 145 | 44 | | (D) a disability that substantially impairs the |
|---|
| 146 | 45 | | student's capacity to appreciate the wrongfulness of the student's |
|---|
| 147 | 46 | | conduct; |
|---|
| 148 | 47 | | (5) provide guidelines for setting the length of a |
|---|
| 149 | 48 | | term of: |
|---|
| 150 | 49 | | (A) a removal under Section 37.006; and |
|---|
| 151 | 50 | | (B) an expulsion under Section 37.007; |
|---|
| 152 | 51 | | (6) address the notification of a student's parent or |
|---|
| 153 | 52 | | guardian of a violation of the student code of conduct committed by |
|---|
| 154 | 53 | | the student that results in suspension, removal to a disciplinary |
|---|
| 155 | 54 | | alternative education program, or expulsion; |
|---|
| 156 | 55 | | (7) prohibit bullying, harassment, and making hit |
|---|
| 157 | 56 | | lists and ensure that district employees enforce those |
|---|
| 158 | 57 | | prohibitions; [and] |
|---|
| 159 | 58 | | (8) provide, as appropriate for students at each grade |
|---|
| 160 | 59 | | level, methods, including options, for: |
|---|
| 161 | 60 | | (A) managing students in the classroom, on school |
|---|
| 162 | 61 | | grounds, and on a vehicle owned or operated by the district; |
|---|
| 163 | 62 | | (B) disciplining students; and |
|---|
| 164 | 63 | | (C) preventing and intervening in student |
|---|
| 165 | 64 | | discipline problems, including bullying, harassment, and making |
|---|
| 166 | 65 | | hit lists; and |
|---|
| 167 | 66 | | (9) include an explanation of the provisions regarding |
|---|
| 168 | 67 | | refusal of entry to or ejection from district property under |
|---|
| 169 | 68 | | Section 37.105, including the appeal process established under |
|---|
| 170 | 69 | | Section 37.105(h). |
|---|
| 172 | 71 | | read as follows: |
|---|
| 173 | 72 | | Sec. 37.105. UNAUTHORIZED PERSONS: REFUSAL OF ENTRY, |
|---|
| 174 | 73 | | EJECTION, IDENTIFICATION. (a) A school administrator, school |
|---|
| 175 | 74 | | resource officer, or school district peace officer [The board of |
|---|
| 176 | 75 | | trustees] of a school district [or its authorized representative] |
|---|
| 177 | 76 | | may refuse to allow a person [without legitimate business] to enter |
|---|
| 178 | 77 | | on or [property under the board's control and] may eject a [any |
|---|
| 179 | 78 | | undesirable] person from [the] property under the district's |
|---|
| 180 | 79 | | control if the person refuses [on the person's refusal] to leave |
|---|
| 181 | 80 | | peaceably on request and: |
|---|
| 182 | 81 | | (1) the person poses a substantial risk of harm to any |
|---|
| 183 | 82 | | person; or |
|---|
| 184 | 83 | | (2) the person behaves in a manner that is |
|---|
| 185 | 84 | | inappropriate for a school setting and: |
|---|
| 186 | 85 | | (A) the administrator, resource officer, or |
|---|
| 187 | 86 | | peace officer issues a verbal warning to the person that the |
|---|
| 188 | 87 | | person's behavior is inappropriate and may result in the person's |
|---|
| 189 | 88 | | refusal of entry or ejection; and |
|---|
| 190 | 89 | | (B) the person persists in that behavior. |
|---|
| 191 | 90 | | (b) Identification may be required of any person on the |
|---|
| 192 | 91 | | property. |
|---|
| 193 | 92 | | (c) Each school district shall maintain a record of each |
|---|
| 194 | 93 | | verbal warning issued under Subsection (a)(2)(A), including the |
|---|
| 195 | 94 | | name of the person to whom the warning was issued and the date of |
|---|
| 196 | 95 | | issuance. |
|---|
| 197 | 96 | | (d) At the time a person is refused entry to or ejected from |
|---|
| 198 | 97 | | a school district's property under this section, the district shall |
|---|
| 199 | 98 | | provide to the person written information explaining the appeal |
|---|
| 200 | 99 | | process established under Subsection (h). |
|---|
| 201 | 100 | | (e) If a parent or guardian of a child enrolled in a school |
|---|
| 202 | 101 | | district is refused entry to the district's property under this |
|---|
| 203 | 102 | | section, the district shall accommodate the parent or guardian to |
|---|
| 204 | 103 | | ensure that the parent or guardian may participate in the child's |
|---|
| 205 | 104 | | admission, review, and dismissal committee or in the child's team |
|---|
| 206 | 105 | | established under Section 504, Rehabilitation Act of 1973 (29 |
|---|
| 207 | 106 | | U.S.C. Section 794), in accordance with federal law. |
|---|
| 208 | 107 | | (f) The term of a person's refusal of entry to or ejection |
|---|
| 209 | 108 | | from a school district's property under this section may not exceed |
|---|
| 210 | 109 | | two years. |
|---|
| 211 | 110 | | (g) A school district shall post on the district's Internet |
|---|
| 212 | 111 | | website and each district campus shall post on any Internet website |
|---|
| 213 | 112 | | of the campus a notice regarding the provisions of this section, |
|---|
| 214 | 113 | | including the appeal process established under Subsection (h). |
|---|
| 215 | 114 | | (h) The commissioner shall adopt rules to implement this |
|---|
| 216 | 115 | | section, including rules establishing a process for a person to |
|---|
| 217 | 116 | | appeal to the board of trustees of the school district the decision |
|---|
| 218 | 117 | | under Subsection (a) to refuse the person's entry to or eject the |
|---|
| 219 | 118 | | person from the district's property. |
|---|
| 236 | | - | (b) Articles 62.053 and 62.058, Code of Criminal Procedure, |
|---|
| 237 | | - | as amended by this Act, and Article 62.064, Code of Criminal |
|---|
| 238 | | - | Procedure, as added by this Act, take effect September 1, 2017. |
|---|
| 239 | | - | ______________________________ ______________________________ |
|---|
| 240 | | - | President of the Senate Speaker of the House |
|---|
| 241 | | - | I hereby certify that S.B. No. 1553 passed the Senate on |
|---|
| 242 | | - | May 15, 2017, by the following vote: Yeas 29, Nays 2; |
|---|
| 243 | | - | May 26, 2017, Senate refused to concur in House amendments and |
|---|
| 244 | | - | requested appointment of Conference Committee; May 27, 2017, House |
|---|
| 245 | | - | granted request of the Senate; May 28, 2017, Senate adopted |
|---|
| 246 | | - | Conference Committee Report by the following vote: Yeas 27, |
|---|
| 247 | | - | Nays 4. |
|---|
| 248 | | - | ______________________________ |
|---|
| 249 | | - | Secretary of the Senate |
|---|
| 250 | | - | I hereby certify that S.B. No. 1553 passed the House, with |
|---|
| 251 | | - | amendments, on May 24, 2017, by the following vote: Yeas 138, |
|---|
| 252 | | - | Nays 5, two present not voting; May 27, 2017, House granted request |
|---|
| 253 | | - | of the Senate for appointment of Conference Committee; |
|---|
| 254 | | - | May 28, 2017, House adopted Conference Committee Report by the |
|---|
| 255 | | - | following vote: Yeas 132, Nays 13, two present not voting. |
|---|
| 256 | | - | ______________________________ |
|---|
| 257 | | - | Chief Clerk of the House |
|---|
| 258 | | - | Approved: |
|---|
| 259 | | - | ______________________________ |
|---|
| 260 | | - | Date |
|---|
| 261 | | - | ______________________________ |
|---|
| 262 | | - | Governor |
|---|