Relating to the enforcement of certain criminal offenses on school property.

89(R) SB 1924 - Engrossed version - Bill Text

By: Creighton

S.B. No. 1924

Hinojosa of Nueces, West

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of certain criminal offenses on school

property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 45A.453(h), Code of Criminal Procedure,

is amended to read as follows:

(h) Except as provided by Subsection (i) [
and Section

37.143(a), Education Code
], for a traffic offense or an offense

punishable by fine only, a law enforcement officer may issue a

citation as provided by Article 14.06 instead of taking a child into

custody.

SECTION 2. Subchapter J, Chapter 45A, Code of Criminal

Procedure, is amended by adding Articles 45A.4621 and 45A.465 to

read as follows:

Art.

45A.4621.

CONFIDENTIAL RECORDS RELATED TO SCHOOL

OFFENSES; CERTAIN PROCEEDINGS CLOSED. (a) In this article,

"child" and "school offense" have the meanings assigned by Section

37.141, Education Code.

(b)

Information relating to a citation issued to or

complaint filed against a child for a school offense:

(1)

except as provided by Subsection (c), is

confidential and not subject to public disclosure under Chapter

552, Government Code; and

(2)

may not be disclosed by the child's school to any

individual other than the child's parent or person standing in

parental relation.

(c)

Information described by Subsection (b), except for a

child's personally identifying information, may be disclosed for

legislative purposes under Section 552.008, Government Code.

(d)

A court in which a complaint is filed or a case is

pending against a child for a school offense must ensure that the

name or other personally identifying information of the child is

not publicly disclosed, including on the court's docket.

(e)

Notwithstanding any other law, proceedings of a case

involving a school offense by a child who is 15 years of age or

younger may not be open to the public.

(f)

A court record, including a finding of guilt or

innocence by the court, for a case involving a school offense by a

child must be sealed on final judgment and remain confidential.

Art.

45A.465.

EXPUNCTION OF RECORDS RELATED TO SCHOOL

OFFENSE. (a) In this article, "school offense" has the meaning

assigned by Section 37.141, Education Code.

(b)

An individual who has been convicted of a school offense

or has had a complaint for a school offense dismissed is entitled to

an expunction of the conviction or complaint and records relating

to the conviction or complaint on the earliest of the following

dates:

(1)

the date on which the individual graduates from

high school or obtains a high school equivalency certificate; or

(2)

the date on which the individual is no longer

eligible to attend a public school under Section 25.001, Education

Code.

(c)

The school district at which an individual who was

convicted of or against whom a complaint was filed for a school

offense was enrolled at the time of the offense shall notify the

court in which the individual was convicted or the complaint was

filed of the individual's eligibility for expunction on the

earliest of the dates described by Subsection (b).

(d)

Regardless of whether the individual has filed a

petition for expunction, the court in which the individual was

convicted or a complaint for a school offense was filed shall order

the conviction, complaints, verdicts, sentences, and other

documents relating to the offense, including any documents in the

possession of a public school or law enforcement agency, to be

expunged from the individual's record.

(e)

After entry of the order, the individual is released

from all disabilities resulting from the conviction or complaint,

and the conviction or complaint may not be shown or made known for

any purpose.

SECTION 3. Section 28.025(c), Education Code, is amended to

read as follows:

(c) A person may receive a diploma if the person is eligible

for a diploma under Section 28.0251. In other cases, a student may

graduate and receive a diploma only if:

(1) the student successfully completes the curriculum

requirements identified by the State Board of Education under

Subsection (a) and complies with Sections 28.0256
, 28.02565,
and

39.025; or

(2) the student successfully completes an

individualized education program developed under Section 29.005.

SECTION 4. Subchapter B, Chapter 28, Education Code, is

amended by adding Section 28.02565 to read as follows:

Sec.

28.02565.

COMPLETION OF COMMUNITY SERVICE AND PAYMENT

OF FINES AND COSTS REQUIRED FOR SCHOOL OFFENSES BEFORE HIGH SCHOOL

GRADUATION. A student who has been convicted of or placed on

deferred adjudication community supervision for a school offense,

as defined by Section 37.141, may not graduate from high school and

receive a diploma unless the court in which the student was

convicted certifies to the school district or open-enrollment

charter school in which the student is enrolled that the student has

discharged all obligations to perform community service and pay

fines and costs imposed for that offense.

SECTION 5. Subchapter C, Chapter 37, Education Code, is

amended by adding Section 37.0851 to read as follows:

Sec.

37.0851.

RESTRICTIONS ON ARREST OF CHILD. A peace

officer, law enforcement officer, or school resource officer:

(1)

may not, in plain view of students of a school

district, arrest a child for an offense committed on property under

the control and jurisdiction of the district unless the child poses

an immediate threat to the child's self, a teacher, or a student;

and

(2)

must comply with Section 37.0021(j) in making an

arrest of a child for an offense described by Subdivision (1).

SECTION 6. Section 37.143, Education Code, is amended to

read as follows:

Sec. 37.143. [
CITATION PROHIBITED;
] CUSTODY OF CHILD. [
(a)

A peace officer, law enforcement officer, or school resource

officer may not issue a citation to a child who is alleged to have

committed a school offense.

[
(b)
] This subchapter does not prohibit a child from being

taken into custody under Section 52.01, Family Code.

SECTION 7. Section 37.144, Education Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a)
Except as provided by Subsection (a-1), a
[
A
] school

district that commissions peace officers under Section 37.081
shall

[
may
] develop a system of graduated sanctions that the school

district may require to be imposed on a child before a complaint is

filed
or a citation is issued
under Section 37.145 against the child

for a school offense that is an offense under Section 37.124 or

37.126 or under Section 42.01(a)(1), (2), (3), (4), or (5), Penal

Code. A system adopted under this section must include multiple

graduated sanctions. The system may require:

(1) a warning letter to be issued to the child and the

child's parent or guardian that specifically states the child's

alleged school offense and explains the consequences if the child

engages in additional misconduct;

(2) a behavior contract with the child that must be

signed by the child, the child's parent or guardian, and an employee

of the school and that includes a specific description of the

behavior that is required or prohibited for the child and the

penalties for additional alleged school offenses, including

additional disciplinary action or the filing of a complaint in a

criminal court;

(3) the performance of school-based community service

by the child; and

(4) the referral of the child to counseling,

community-based services,
mental health services,
or other

in-school or out-of-school services aimed at addressing the child's

behavioral problems.

(a-1)

A school district may not adopt a system of graduated

sanctions before filing a complaint under Section 37.145 against a

child for a school offense if the conduct that constituted the

offense:

(1) posed an imminent threat to a teacher's safety; or

(2) resulted in physical harm to a teacher.

SECTION 8. Section 37.145, Education Code, is amended to

read as follows:

Sec. 37.145.
CITATION OR
COMPLAINT.
(a)
If a child fails to

comply with or complete graduated sanctions under Section 37.144,

or if the school district
is not required
[
has not elected
] to adopt

a system of graduated sanctions under that section
:

(1) subject to Subsection (a-3)
, the school may file a

complaint against the child with a criminal court in accordance

with Section 37.146
; or

(2)

a peace officer, law enforcement officer, or

school resource officer may issue a citation to the child
.

(a-1)

A peace officer, law enforcement officer, or school

resource officer must attach to a citation issued under Subsection

(a)(2):

(1)

a sworn statement by a person with personal

knowledge of the underlying facts giving rise to probable cause to

believe that an offense has been committed; and

(2) a statement from a school employee stating:

(A)

whether the child is eligible for or receives

special services under Subchapter A, Chapter 29; and

(B)

the graduated sanctions, if required under

Section 37.144, that were imposed on the child before the complaint

was filed.

(a-2)

For a school offense described by Section

37.144(a-1), the school shall file a complaint against the child

with a criminal court in accordance with Section 37.146 unless the

school knows that a peace officer, law enforcement officer, or

school resource officer has issued a citation to the child for the

alleged offense.

(a-3)

The school may not file a complaint against a child

with a criminal court in accordance with Section 37.146 for a school

offense if the school knows that a peace officer, law enforcement

officer, or school resource officer has issued a citation to the

child for the alleged offense.

(b)

A peace officer, law enforcement officer, or school

resource officer who issues a citation to a child for a school

offense under Subsection (a)(2) shall notify the child's school of

the issuance of the citation.

(c)

A peace officer, law enforcement officer, or school

resource officer who issues a citation to a child under Subsection

(a)(2) or a school that files a complaint against a child under

Subsection (a)(1) or (a-2) shall immediately provide to the parent

of or person standing in parental relation to the child a written

notice regarding the issuance of the citation or filing of the

complaint that includes:

(1)

an explanation of the child's and parent's or

person's rights under the law related to the issuance of the

citation to or filing of the complaint against the child, including

the right to legal counsel; and

(2)

the potential consequences of the issuance of the

citation to or filing of the complaint against the child, including

the child's possible arrest.

(d)

The Office of Court Administration of the Texas Judicial

System shall adopt a model notice for a peace officer, law

enforcement officer, school resource officer, or school to use for

purposes of Subsection (c).

SECTION 9. Subchapter E-1, Chapter 37, Education Code, is

amended by adding Section 37.1455 to read as follows:

Sec.

37.1455.

REPORT ON CITATIONS. (a) Not later than the

60th day after the last day of classes for the school year, a school

district or open-enrollment charter school shall provide to the

agency, in the form and manner prescribed by commissioner rule, a

report on the number of citations issued to students enrolled in the

district or school during the preceding school year, disaggregated

by:

(1) the offense for which the citation was issued;

(2) the student's race;

(3) the student's sex;

(4) the student's age;

(5) the student's grade level;

(6)

whether the student is eligible for the district's

or school's special education program under Subchapter A, Chapter

29; and

(7)

whether the student is educationally

disadvantaged.

(b)

The agency shall compile the information reported under

Subsection (a) and publish a report on the information on the

agency's Internet website.

(c)

A report required under Subsection (a) or (b) may be

combined with another report required under other law.

SECTION 10. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 11. This Act takes effect September 1, 2025.