Magee makes return trip to State Capitol

Keeping child predators at bay is a daunting task, and in order to keep a step ahead of them, laws must be changed in order to protect the innocent.

With that in mind, Gina Magee, of Chandler, made a second trip to Austin last Tuesday, April 3, to testify before the Texas House of Representatives' Criminal Jurisprudence committee in support of the proposed House Bill 401.

Still in its formative stages, the bill, authored by District 4 Texas State Representative Betty Brown, would amend the Penal Code by including conduct described in the offense of online solicitation of a minor in the offense of improper relationship between educator and student. The offense of improper relationship between educator and student is punishable as a felony of the sec- ond degree.

The bill would also amend the Penal Code by including the use of text messages or other electronic message service or system in defining the offense of online solicitation of a minor. The offense of online solicitation of a minor is punishable as either a state jail felony, felony of the third degree, or felony of the second degree depending on the type of solicitation and the age of the minor.

"The way the current bill reads, it doesn't clearly define what communications are considered sexual offenses against minors or students," Mrs. Magee said. "It just talks about electronic communication that just applies to email."

Because of the ever-changing technologi- cal communications, new means of contact between adults and minors or students are constantly being created. Dangerous predators are protected from prosecution for using text messages for devious actions.

"This is an urgent matter and I expressed that," Mrs. Magee said. "There are child predators falling through the cracks. Five years ago text messaging wasn't a problem, but that's what child predators are using now. We have to stay two steps ahead of them."

Also testifying on behalf of the proposed bill was Henderson County Sheriff's Investigator Kevin Hanes who investigates crimes against children.

"It's a nasty problem in Henderson County," Hanes said. "I testified because of the amount of cases we have worked involving teachers in sexual relations with students. "

Hanes said over the last two years he has arrested six teachers on sex offenses against students, three in Brownsboro, and one each in Mabank, Seagoeville, and Malakoff.

"There is no telling how many have gone unreported," he said. "I admire the Magees for standing up and trying to make a change. Law enforcement needs people to stand up and say enough is enough and try to get things changed."

Both Senate Bill 9 (The School Safety Act), that was passed by the Senate on March 26, and House Bill 401 can be defined as "prevention and accountability" bills.

"They cannot unravel the tangled web of negligence in the past experienced by childvictims in our state and community, but they will ensure a safer future," Mrs. Magee said. "There's a new generation of kids hitting the front doors of our schools every year. Let's not forget the stats that 10 in 100 will be a victim, unless we get and stay involved in our schools and legislation."

If passed this act would take effect September 1, 2007.

"The sooner this goes through the better," Hanes said. "This goes on every day."

Representative Brown is also currently working on two other amendments concerning "reporting of educator misconduct. "

1. Any school employee who is aware of educator misconduct with a student can bypass administrative protocol of reporting and go straight to the TEA (Texas Education Agency) or the SBEC (State Board for Educator Certification).

2. Any school employee who is aware of such incident(s), and doesn't report it and is found out will be held accountable for withholding criminal information.

"In speaking with several clergy men and women in East Texas on this issue of child predators, it was extremely disheartening hearing one actually confess to having witnessed "improper behavior" between educators/students at some unidentified school functions they had jointly attended, " Mrs. Magee said. "What sickened my soul was then hearing their excuse for "not" reporting it and it was `I can't afford to.' A paycheck and community position meant more than doing what was morally right for the child(ren) apparently. The passage of these two bills will "free-up" many who I personally know have witnessed this behavior, but were too afraid to say anything for fear of losing their job."