86R4834 LHC-D
By: Wu H.B. No. 4107
A BILL TO BE ENTITLED
AN ACT
relating to establishing a restorative justice program for certain
student conduct constituting a criminal offense that occurs on
school property, on school transportation, or at school-sponsored
or school-related activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.086 to read as follows:
Sec. 37.086. RESTORATIVE JUSTICE PROGRAM. (a) In this
section, "student" means a child who is at least 10 years of age and
younger than 17 years of age and who is enrolled in a public school.
(b) This section applies only to a student who engages in
conduct that constitutes an offense:
(1) other than:
(A) a felony;
(B) an offense under Section 22.07, 42.06, or
46.08, Penal Code; or
(C) an offense that involved the possession,
exhibition, or use of a firearm, location-restricted knife, or
club, as defined by Section 46.01, Penal Code, a deadly weapon, as
defined by Section 1.07, Penal Code, or a prohibited weapon, as
described by Section 46.05, Penal Code; and
(2) that occurs:
(A) on school property;
(B) while attending a school-sponsored or
school-related activity; or
(C) on a publicly or privately owned school bus
or vehicle being used for transportation of students to or from
school or a school-sponsored or school-related activity on or off
of school property.
(c) Each school district or open-enrollment charter school
shall develop and implement a restorative justice program for
students who engage in conduct described by Subsection (b) that:
(1) educates the students regarding the harm caused to
the victims; and
(2) emphasizes the importance of an offending
student's reparation of harm caused to the victim.
(d) Notwithstanding any other law, except as provided by
Subsection (e)(1) or Subchapter E-1, before referring a student to
a juvenile or criminal court for conduct described by Subsection
(b), a school district or open-enrollment charter school shall
refer the student to the school district's or school's restorative
justice program.
(e) A school district or open-enrollment charter school may
refer a student to juvenile or criminal court for conduct described
by Subsection (b) only if:
(1) the school district or school determines that the
restorative justice program is not appropriate for the student's
conduct; or
(2) the student has previously failed to comply with
or complete the restorative justice program.
SECTION 2. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose. For the
purposes of this section, conduct occurred before the effective
date of this Act if any element of the conduct occurred before that
date.
SECTION 3. This Act takes effect September 1, 2019.