Staff Analysis of the Legislation
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This bill would amend Article 4 of Chapter 11 of Title 16 in a number of ways:
It
adds a definition of “bus” to include a vehicle operated to transport students
to and from public schools or public school activities and omits vehicles with
less than 15 passengers, as long as it is not operated by an employee or
independent contractor of a public school. It also includes vehicles operated by a local transit system while it is
transporting children and/or employees or independent contractors of public
schools. It
restricts the definition of “dangerous weapon” to that outlined in Code Section
16-11-121 and strikes the existing
definition of “weapon”. Throughout, the
term “weapon” is replaced with “firearm”. It
defines “firearm” as a handgun, rifle, shotgun or other projectile weapon of an
explosive nature. It
defines “fireworks,” “machine gun,” “and ‘peace officer” to match that already
in the law. It
defines “postsecondary institution” as one in the University System of Georgia
or the Technical College System of Georgia. It
defines “public school” as it is commonly understood.
“school” as a public or private institution Pre-K
through 12th grade. It
adds the word “building’ to School Safety Zone, but it strikes the specific
lists of types of institutions in favor of “school or postsecondary
institution”. It
strikes “weapon” as contraband at a public school or on school transportation
in favor of “firearm.” It exempts any
firearm used for classroom work authorized by a teacher. Private schools are exempt from the law.
Anyone who has been authorized
for a specific type of firearm in writing by a duly authorized official of a
public school, LBOE or postsecondary institution would be exempt from the law. It would allow permitted persons
to carry within a school safety zone or on a school bus, as long as the firearm
is in a vehicle parked within or as travelling through a school safety zone,
except students attending a public school. There would be no excuses for
school not being in session, or the property was not being used by a public
school at the time of the offense, or it took place on a vehicle furnished by a
public school. It
would add a whole new section to require the license holder to have proof of
licensure on his/her person when carrying the weapon. It would carry a $10.00 fine if the proof of
the license is produced in court. It would amend Subpart 2 of Article
16 of Chapter 2 of Title 20 of the O.C.G.A. in the following ways:
It
links the definition of “dangerous weapon” to the definition in 16-11-121 and
“firearm” to that in 16-11-127.1 It
adds a new definition of “hazardous object” that is identical to the list found
in existing law of “weapon” and allows teachers to use any of those objects for
classroom work. It
would amend Code Section 20-2-751.1 to eliminate regarding the mandatory one calendar
year of expulsion for a student who brings a “firearm, dangerous weapon, or
hazardous object” to school. It retains the mandatory expulsion for not less than one
calendar year, but it allows a hearing officer, tribunal, panel, administrator,
superintendent or LBOE the authority to modify the expulsion on a case-by-case
basis. It
goes on to revise juvenile code to match the amendments listed above and then
simplifies the list of items and situations which would require reporting by an
educator and, it exempts any inclusion of a firearm or dangerous weapon that is
part of an exhibit brought to school as part of a school project.
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Short Note:
Looks to be moving |