SECOND REGULAR SESSION

HOUSE BILL NO. 1527

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVES PATEK, TUDOR, SCOTT, KLINDT, SUMMERS (Co-sponsors),

BARNETT, PRYOR, CRAWFORD, PHILLIPS, GIBBONS, LEGAN, McCLELLAND, BLACK, TOWNLEY, SALLEE, DOLAN, KELLEY (47), ENZ, BARTELSMEYER, LEVIN, KASTEN, HENDRICKSON,

HARTZLER (124), CIERPIOT, KING, GASKILL, REINHART, ALTER AND LUETKEMEYER.

Read 1st time January 17, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

2846L.01I


AN ACT

To repeal section 167.115, RSMo Supp. 1999, relating to the duty to report certain criminal acts by students to school districts, and to enact in lieu thereof one new section relating to the same subject.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 167.115, RSMo Supp. 1999, is repealed and one new section enacted in lieu thereof, to be known as section 167.115, to read as follows:

167.115. 1. Notwithstanding any provision of chapter 211, RSMo, or chapter 610, RSMo, to the contrary, the juvenile officer, or in the case of a pupil who is not a juvenile but who is under twenty-one years of age, the county prosecutor, shall, as soon as reasonably practical, notify the superintendent, or the superintendent's designee, of the school district in which the pupil is enrolled when, in the case of a juvenile, a petition is filed pursuant to subsection 1 of section 211.031, RSMo, alleging that the pupil has committed one of the following acts; or when, in the case of a pupil who is not a juvenile but who is under twenty-one years of age, such pupil has been indicted for one of the following acts:

(1) First degree murder under section 565.020, RSMo;

(2) Second degree murder under section 565.021, RSMo;

(3) Kidnapping under section 565.110, RSMo;

(4) First degree assault under section 565.050, RSMo;

(5) Forcible rape under section 566.030, RSMo;

(6) Forcible sodomy under section 566.060, RSMo;

(7) Burglary in the first degree under section 569.160, RSMo;

(8) Robbery in the first degree under section 569.020, RSMo;

(9) Distribution of drugs under section 195.211, RSMo;

(10) Distribution of drugs to a minor under section 195.212, RSMo;

(11) Arson in the first degree under section 569.040, RSMo;

(12) Voluntary manslaughter under section 565.023, RSMo;

(13) Involuntary manslaughter under section 565.024, RSMo;

(14) Second degree assault under section 565.060, RSMo;

(15) Sexual assault under section 566.040, RSMo;

(16) Felonious restraint under section 565.120, RSMo;

(17) Property damage in the first degree under section 569.100, RSMo; or

(18) The possession of a weapon under chapter 571, RSMo.

2. The notification shall be made orally or in writing, in a timely manner, no later than five days following the filing of the petition or the finding of the indictment, as the case may be. If the report is made orally, written notice shall follow in a timely manner. The notification shall include a complete description of the conduct the pupil is alleged to have committed and the dates the conduct occurred but shall not include the name of any victim.

3. The superintendent or the designee of the superintendent shall report such information to teachers and other school district employees with a need to know while acting within the scope of their assigned duties. Any information received by school district officials pursuant to this section shall be received in confidence and used for the limited purpose of assuring that good order and discipline is maintained in the school. This information shall not be used as the sole basis for not providing educational services to a pupil.

4. The superintendent shall notify the appropriate division of the juvenile or family court upon any pupil's suspension for more than ten days or expulsion of any pupil that the school district is aware is under the jurisdiction of the court.

5. The superintendent or the superintendent's designee may be called to serve in a consultant capacity at any dispositional proceedings pursuant to section 211.031, RSMo, which may involve reference to a pupil's academic treatment plan.

6. Upon the transfer of any pupil described in this subsection to any other school district in this state, the superintendent or the superintendent's designee shall forward the written notification given to the superintendent pursuant to subsection 2 of this section to the superintendent of the new school district in which the pupil has enrolled.



Missouri House of Representatives