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  S.B. No. 6
 
 
 
 
AN ACT
  relating to the apprehension, prosecution, and punishment of
  individuals committing or attempting to commit certain sex
  offenses, to the placement by public schools of certain students
  who are sex offenders, and to the notification requirements
  concerning certain offenses committed by students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 15.27, Code of Criminal Procedure, is
  amended by adding Subsections (a-1) and (j) and amending
  Subsections (b) and (c) to read as follows:
         (a-1)  The superintendent or a person designated by the
  superintendent in the school district may send to a school district
  employee having direct supervisory responsibility over the student
  the information contained in the confidential notice under
  Subsection (a) if the superintendent or the person designated by
  the superintendent determines that the employee needs the
  information for educational purposes or for the protection of the
  person informed or others.
         (b)  On conviction, deferred prosecution, or deferred
  adjudication or an adjudication of delinquent conduct of an
  individual enrolled as a student in a public primary or secondary
  school, for an offense or for any conduct listed in Subsection (h)
  of this article, the office of the prosecuting attorney acting in
  the case shall orally notify the superintendent or a person
  designated by the superintendent in the school district in which
  the student is enrolled of the conviction or adjudication and
  whether the student is required to register as a sex offender under
  Chapter 62. Oral notification must be given within 24 hours of the
  time of the order or on the next school day. The superintendent
  shall, within 24 hours of receiving notification from the office of
  the prosecuting attorney, [promptly] notify all instructional and
  support personnel who have regular contact with the student.
  Within seven days after the date the oral notice is given, the
  office of the prosecuting attorney shall mail written notice, which
  must contain a statement of the offense of which the individual is
  convicted or on which the adjudication, deferred adjudication, or
  deferred prosecution is grounded and a statement of whether the
  student is required to register as a sex offender under Chapter 62.
         (c)  A parole, [or] probation, or community supervision
  office, including a community supervision and corrections
  department, a juvenile probation department, the pardons and
  paroles division of the Texas Department of Criminal Justice, and
  the Texas Youth Commission, having jurisdiction over a student
  described by Subsection (a), (b), or (e) who transfers from a school
  or is subsequently removed from a school and later returned to a
  school or school district other than the one the student was
  enrolled in when the arrest, referral to a juvenile court,
  conviction, or adjudication occurred shall within 24 hours of
  learning of the student's transfer or reenrollment notify the new
  school officials of the arrest or referral in a manner similar to
  that provided for by Subsection (a) or (e)(1), or of the conviction
  or delinquent adjudication in a manner similar to that provided for
  by Subsection (b) or (e)(2). The new school officials shall, within
  24 hours of receiving notification under this subsection,
  [promptly] notify all instructional and support personnel who have
  regular contact with the student.
         (j)  The notification provisions of this section concerning
  a person who is required to register as a sex offender under Chapter
  62 do not lessen the requirement of a person to provide any
  additional notification prescribed by that chapter.
         SECTION 2.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 24A to read as follows:
  CHAPTER 24A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT
  ORDERS; PRESERVING CERTAIN INFORMATION
  SUBCHAPTER A.  RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT
  ORDERS
         Art. 24A.001.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to a subpoena, search warrant, or other court order
  that:
               (1)  relates to the investigation or prosecution of a
  criminal offense under Section 33.021, Penal Code; and
               (2)  is served on or issued with respect to an Internet
  service provider that provides service in this state.
         Art. 24A.002.  RESPONSE REQUIRED; DEADLINE FOR RESPONSE.
  (a)  Except as provided by Subsection (b), not later than the 10th
  day after the date on which an Internet service provider is served
  with or otherwise receives a subpoena, search warrant, or other
  court order described by Article 24A.001, the Internet service
  provider shall:
               (1)  fully comply with the subpoena, warrant, or order;
  or
               (2)  petition a court to excuse the Internet service
  provider from complying with the subpoena, warrant, or order.
         (b)  As soon as is practicable, and in no event later than the
  second business day after the date the Internet service provider is
  served with or otherwise receives a subpoena, search warrant, or
  other court order described by Article 24A.001, the Internet
  service provider shall fully comply with the subpoena, search
  warrant, or order if the subpoena, search warrant, or order
  indicates that full compliance is necessary to address a situation
  that threatens a person with death or other serious bodily injury.
         (c)  For the purposes of Subsection (a)(1), full compliance
  with the subpoena, warrant, or order includes:
               (1)  producing or providing, to the extent permitted
  under federal law, all documents or information requested under the
  subpoena, warrant, or order; or
               (2)  providing, to the extent permitted under federal
  law, electronic access to all documents or information requested
  under the subpoena, warrant, or order.
         Art. 24A.003.  DISOBEYING SUBPOENA, WARRANT, OR ORDER. An
  Internet service provider that disobeys a subpoena, search warrant,
  or other court order described by Article 24A.001 and that was not
  excused from complying with the subpoena, warrant, or order under
  Article 24A.002(a)(2) may be punished in any manner provided by
  law.
  [Articles 24A.004-24A.050 reserved for expansion]
  SUBCHAPTER B. PRESERVING CERTAIN INFORMATION
         Art. 24A.051.  PRESERVING INFORMATION. (a)  On written
  request of a law enforcement agency in this state or a federal law
  enforcement agency and pending the issuance of a subpoena or other
  court order described by Article 24A.001, an Internet service
  provider that provides service in this state shall take all steps
  necessary to preserve all records or other potential evidence in a
  criminal trial that is in the possession of the Internet service
  provider.
         (b)  Subject to Subsection (c), an Internet service provider
  shall preserve information under Subsection (a) for a period of 90
  days after the date the Internet service provider receives the
  written request described by Subsection (a).
         (c)  An Internet service provider shall preserve information
  under Subsection (a) for the 90-day period immediately following
  the 90-day period described by Subsection (b) if the requesting law
  enforcement agency in writing requests an extension of the
  preservation period.
         SECTION 3.  Chapter 37, Education Code, is amended by adding
  Subchapter I to read as follows:
  SUBCHAPTER I. PLACEMENT OF REGISTERED SEX OFFENDERS
         Sec. 37.301.  DEFINITION. In this subchapter, "board of
  trustees" includes the board's designee.
         Sec. 37.302.  APPLICABILITY. This subchapter:
               (1)  applies to a student who is required to register as
  a sex offender under Chapter 62, Code of Criminal Procedure; and
               (2)  does not apply to a student who is no longer
  required to register as a sex offender under Chapter 62, Code of
  Criminal Procedure, including a student who receives an exemption
  from registration under Subchapter H, Chapter 62, Code of Criminal
  Procedure, or a student who receives an early termination of the
  obligation to register under Subchapter I, Chapter 62, Code of
  Criminal Procedure.
         Sec. 37.303.  REMOVAL OF REGISTERED SEX OFFENDER FROM
  REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A,
  on receiving notice under Article 15.27, Code of Criminal
  Procedure, or Chapter 62, Code of Criminal Procedure, that a
  student is required to register as a sex offender under that
  chapter, a school district shall remove the student from the
  regular classroom and determine the appropriate placement of the
  student in the manner provided by this subchapter.
         Sec. 37.304.  PLACEMENT OF REGISTERED SEX OFFENDER WHO IS
  UNDER COURT SUPERVISION. (a)  A school district shall place a
  student to whom this subchapter applies and who is under any form of
  court supervision, including probation, community supervision, or
  parole, in the appropriate alternative education program as
  provided by Section 37.309 for at least one semester.
         (b)  If a student transfers to another school district during
  the student's mandatory placement in an alternative education
  program under Subsection (a), the district to which the student
  transfers may:
               (1)  require the student to complete an additional
  semester in the appropriate alternative education program without
  conducting a review of the student's placement for that semester
  under Section 37.306; or
               (2)  count any time spent by the student in an
  alternative education program in the district from which the
  student transfers toward the mandatory placement requirement under
  Subsection (a).
         Sec. 37.305.  PLACEMENT OF REGISTERED SEX OFFENDER WHO IS
  NOT UNDER COURT SUPERVISION. A school district may place a student
  to whom this subchapter applies and who is not under any form of
  court supervision in the appropriate alternative education program
  as provided by Section 37.309 for one semester or in the regular
  classroom. The district may not place the student in the regular
  classroom if the district board of trustees determines that the
  student's presence in the regular classroom:
               (1)  threatens the safety of other students or
  teachers;
               (2)  will be detrimental to the educational process; or
               (3)  is not in the best interests of the district's
  students.
         Sec. 37.306.  REVIEW OF PLACEMENT IN ALTERNATIVE EDUCATION
  PROGRAM. (a)  At the end of the first semester of a student's
  placement in an alternative education program under Section 37.304
  or 37.305, the school district board of trustees shall convene a
  committee to review the student's placement in the alternative
  education program. The committee must be composed of:
               (1)  a classroom teacher from the campus to which the
  student would be assigned were the student not placed in an
  alternative education program;
               (2)  the student's parole or probation officer or, in
  the case of a student who does not have a parole or probation
  officer, a representative of the local juvenile probation
  department;
               (3)  an instructor from the alternative education
  program to which the student is assigned;
               (4)  a school district designee selected by the board
  of trustees; and
               (5)  a counselor employed by the school district.
         (b)  The committee by majority vote shall determine and
  recommend to the school district board of trustees whether the
  student should be returned to the regular classroom or remain in the
  alternative education program.
         (c)  If the committee recommends that the student be returned
  to the regular classroom, the board of trustees shall return the
  student to the regular classroom unless the board determines that
  the student's presence in the regular classroom:
               (1)  threatens the safety of other students or
  teachers;
               (2)  will be detrimental to the educational process; or
               (3)  is not in the best interests of the district's
  students.
         (d)  If the committee recommends that the student remain in
  the alternative education program, the board of trustees shall
  continue the student's placement in the alternative education
  program unless the board determines that the student's presence in
  the regular classroom:
               (1)  does not threaten the safety of other students or
  teachers;
               (2)  will not be detrimental to the educational
  process; and
               (3)  is not contrary to the best interests of the
  district's students.
         (e)  If, after receiving a recommendation under Subsection
  (b), the school district board of trustees determines that the
  student should remain in an alternative education program, the
  board shall before the beginning of each school year convene the
  committee described by Subsection (a) to review, in the manner
  provided by Subsections (b), (c), and (d), the student's placement
  in an alternative education program.
         Sec. 37.307.  PLACEMENT AND REVIEW OF STUDENT WITH
  DISABILITY. (a)  The placement under this subchapter of a student
  with a disability who receives special education services must be
  made in compliance with the Individuals with Disabilities Education
  Act (20 U.S.C. Section 1400 et seq.).
         (b)  The review under Section 37.306 of the placement of a
  student with a disability who receives special education services
  may be made only by a duly constituted admission, review, and
  dismissal committee. The admission, review, and dismissal
  committee may request that the board of trustees convene a
  committee described by Section 37.306(a) to assist the admission,
  review, and dismissal committee in conducting the review.
         Sec. 37.308.  TRANSFER OF REGISTERED SEX OFFENDER. Except
  as provided by Section 37.304(b), a school district shall determine
  whether to place a student to whom this subchapter applies and who
  transfers to the district in the appropriate alternative education
  program as provided by Section 37.309 or in a regular classroom.
  The school district shall follow the procedures specified under
  Section 37.306 in making the determination.
         Sec. 37.309.  PLACEMENT IN DISCIPLINARY ALTERNATIVE
  EDUCATION PROGRAM OR JUVENILE JUSTICE ALTERNATIVE EDUCATION
  PROGRAM. (a)  Except as provided by Subsection (b), a school
  district shall place a student who is required by the board of
  trustees to attend an alternative education program under this
  subchapter in a disciplinary alternative education program.
         (b)  A school district shall place a student who is required
  by the board of trustees to attend an alternative education program
  under this subchapter in a juvenile justice alternative education
  program if:
               (1)  the memorandum of understanding entered into
  between the school district and juvenile board under Section
  37.011(k) provides for the placement of students to whom this
  subchapter applies in the juvenile justice alternative education
  program; or
               (2)  a court orders the placement of the student in a
  juvenile justice alternative education program.
         Sec. 37.310.  FUNDING FOR REGISTERED SEX OFFENDER PLACED IN
  JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice
  alternative education program is entitled to funding for a student
  who is placed in the program under this subchapter in the same
  manner as a juvenile justice alternative education program is
  entitled to funding under Section 37.012 for a student who is
  expelled and placed in a juvenile justice alternative education
  program for conduct for which expulsion is permitted but not
  required under Section 37.007.
         Sec. 37.311.  CONFERENCE. (a)  A student or the student's
  parent or guardian may appeal a decision by a school district board
  of trustees to place the student in an alternative education
  program under this subchapter by requesting a conference among the
  board of trustees, the student's parent or guardian, and the
  student. The conference is limited to the factual question of
  whether the student is required to register as a sex offender under
  Chapter 62, Code of Criminal Procedure.
         (b)  If the school district board of trustees determines at
  the conclusion of the conference that the student is required to
  register as a sex offender under Chapter 62, Code of Criminal
  Procedure, the student is subject to placement in an alternative
  education program in the manner provided by this subchapter.
         (c)  A decision by the board of trustees under this section
  is final and may not be appealed.
         Sec. 37.312.  LIABILITY. This subchapter does not:
               (1)  waive any liability or immunity of a governmental
  entity or its officers or employees; or
               (2)  create any liability for or a cause of action
  against a governmental entity or its officers or employees.
         Sec. 37.313.  CONFLICTS OF LAW. To the extent of any
  conflict between a provision of this subchapter and a provision of
  Subchapter A, this subchapter prevails.
         SECTION 4.  Subchapter B, Chapter 402, Government Code, is
  amended by adding Section 402.0281 to read as follows:
         Sec. 402.0281.  INTERNET SERVICE PROVIDER DATABASE.
  (a)  The attorney general shall establish a computerized database
  containing contact information for all Internet service providers
  providing service in this state.  The contact information must
  include:
               (1)  the name and physical address of the person
  authorized to accept service of process for the Internet service
  provider; and
               (2)  the physical address of the Internet service
  provider's principal place of business in this state.
         (b)  At the request of a district attorney, criminal district
  attorney, county attorney, law enforcement agency of this state, or
  local law enforcement agency, the attorney general shall allow the
  requestor access to the database to expedite the
  information-gathering process of a criminal investigation
  conducted by the requestor concerning an offense under Section
  33.021, Penal Code.
         SECTION 5.  Section 414.005, Government Code, is amended to
  read as follows:
         Sec. 414.005.  DUTIES.  The council shall:
               (1)  encourage, advise, and assist in the creation of
  crime stoppers organizations;
               (2)  foster the detection of crime and encourage
  persons to report information about criminal acts;
               (3)  encourage news and other media to broadcast
  reenactments and to inform the public of the functions of crime
  stoppers organizations' operations and programs;
               (4)  promote the process of crime stoppers
  organizations to forward information about criminal acts to the
  appropriate law enforcement agencies; [and]
               (5)  help law enforcement agencies detect and combat
  crime by increasing the flow of information to and between law
  enforcement agencies;
               (6)  create specialized programs targeted at detecting
  specific crimes or types of crimes, including at least one program
  that:
                     (A)  encourages individuals to report sex
  offenders who have failed to register under Chapter 62, Code of
  Criminal Procedure; and
                     (B)  financially rewards each individual who
  makes a report described by Paragraph (A) that leads or
  substantially contributes to the arrest or apprehension of a sex
  offender who has failed to register under Chapter 62, Code of
  Criminal Procedure; and
               (7)  encourage, advise, and assist crime stoppers
  organizations in implementing any programs created under
  Subdivision (6), including a program specifically described by
  Subdivision (6).
         SECTION 6.  Subsection (b), Section 3.03, Penal Code, is
  amended to read as follows:
         (b)  If the accused is found guilty of more than one offense
  arising out of the same criminal episode, the sentences may run
  concurrently or consecutively if each sentence is for a conviction
  of:
               (1)  an offense:
                     (A)  under Section 49.07 or 49.08, regardless of
  whether the accused is convicted of violations of the same section
  more than once or is convicted of violations of both sections; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A), regardless of whether the accused is
  charged with violations of the same section more than once or is
  charged with violations of both sections;
               (2)  an offense:
                     (A)  under Section 33.021 or an offense under
  Section 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a
  victim younger than 17 years of age at the time of the commission of
  the offense regardless of whether the accused is convicted of
  violations of the same section more than once or is convicted of
  violations of more than one section; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A) committed against a victim younger than 17
  years of age at the time of the commission of the offense regardless
  of whether the accused is charged with violations of the same
  section more than once or is charged with violations of more than
  one section; or
               (3)  an offense:
                     (A)  under Section 21.15 or 43.26, regardless of
  whether the accused is convicted of violations of the same section
  more than once or is convicted of violations of both sections; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A), regardless of whether the accused is
  charged with violations of the same section more than once or is
  charged with violations of both sections.
         SECTION 7.  Subsection (f), Section 33.021, Penal Code, is
  amended to read as follows:
         (f)  An offense under Subsection (b) is a [state jail] felony
  of the third degree, except that the offense is a felony of the
  second degree if the minor is younger than 14 years of age or is an
  individual whom the actor believes to be younger than 14 years of
  age at the time of the commission of the offense. An[, and an]
  offense under Subsection (c) is a felony of the second [third]
  degree[, except that an offense under Subsection (b) or (c) is a
  felony of the second degree if the minor is younger than 14 years of
  age or is an individual whom the actor believes to be younger than
  14 years of age].
         SECTION 8.  Subsection (d), Article 15.27, Code of Criminal
  Procedure, is repealed.
         SECTION 9.  Subchapter I, Chapter 37, Education Code, as
  added 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 when 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 10.  The attorney general shall ensure that the
  database required under Section 402.0281, Government Code, as added
  by this Act, is fully operational not later than April 1, 2008, and
  not later than June 1, 2008, shall begin allowing requesting
  parties access to that database as described by that section.
         SECTION 11.  Subsection (b), Section 3.03, and Subsection
  (f), Section 33.021, Penal Code, as amended by this Act, apply only
  to an offense committed on or after September 1, 2007. An offense
  committed before September 1, 2007, is covered by the law in effect
  when the offense was committed, and the former law is continued in
  effect for that purpose. For the purposes of this section, an
  offense was committed before September 1, 2007, if any element of
  the offense occurred before that date.
         SECTION 12.  This Act takes effect September 1, 2007.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 6 passed the Senate on
  March 26, 2007, by the following vote:  Yeas 29, Nays 0;
  May 24, 2007, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 25, 2007, House
  granted request of the Senate; May 27, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 6 passed the House, with
  amendments, on May 23, 2007, by the following vote:  Yeas 149,
  Nays 0, one present not voting; May 25, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 27, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 143, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor