SUMMARY: LC 29 5943S

This bill revises numerous code sections related to weapons in school safety zones. The intent is to decriminalize having certain objects within a school safety zone and to ease zero tolerance requirements.  Many of these changes are unrelated to the work of the board.

PROVISIONS:

Amends 16-11-127.1, relating to weapons in school safety zones, with several definition changes or aligning them with other code sections:

• "Bus" excludes privately owned motor vehicles with a capacity of 15 persons or less if it is not being operated by an employee or independent contractor of a public school
• "Dangerous weapon" shall have the same meaning as in 16-11-121;
• Deletes the current definition of "weapon" in this code section
• "Firearm" means a handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an eplosive or electrical charge
• "Fireworks" is the same as in 25-10-1
• School means a public or private educational program or institution instructing children at any level, preK through 12th grade
• School safety zone means in or on any real property or building owned by or leased to any school or postsecondary institution
• Except for listed exemptions, it is illegal for a person to carry to or to possess or have under their control while within a school safety zone or on a bus or other transportation furnished by a public school any firearm or explosive compound, other than fireworks
• This does not apply to any firearm used for classwork authorized by a teacher. 

Adds a new code section 16-11-137 related to valid weapons carry licenses or proof of exemption for having a weapon at a school and a maximum fine of $10 if the weapons carry license is produced in court or proof of the exemption.

Amends 20-2-751 related to public school tribunals to align definitions and to add a definition of a hazardous object.  The list of hazardous objects in the bill are considered weapons in current law.

Amends 20-2-751.1 related to expulsion and disciplinary policy for students bringing weapons to school to allow superintendents, tribunals, hearign officers, or panels to modify the expulsion in addition to the local board.  

Amends 20-2-751.5 so codes of conduct use the revised terms described above. 

Amends 15-11-2(N)(13) to revise a definition in a juvenile proceeding

Amends 16-5-44.1, relating to highjacking a motor vehicle, by adding hazardous object as defined in 20-2-751 to the definition of weapon and removing the category of weapon as defined in 16-11-127.1

Amends 16-13-31 and 31.1 to include the new definitions 

Amends 20-2-1180, relating to loitering on school premises, to define school safety zone as public or private schools, property, or buildings.

Amends 20-2-1185, relating to school safety plans, to define school safety zone as public or private schools, property, or buildings.

Amends 40-5-22 to use the new terms. 

EFFECTIVE DATE:

July 1, 2014