December 2, 2003, read first time and referred to Committee on Education and Career
Second Regular Session 113th General Assembly (2004)
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between statutes enacted by the 2003 Regular Session of the General Assembly.
SENATE BILL No. 91
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-8.1-5.1-10, AS AMENDED BY P.L.123-2002,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 10. (a) As used in this section, "firearm" has the
meaning set forth in IC 35-47-1-5.
(b) As used in this section, "deadly weapon" has the meaning set
forth in IC 35-41-1-8. The term does not include a firearm or
(c) As used in this section, "destructive device" has the meaning set
forth in IC 35-47.5-2-4.
(d) Notwithstanding section 14 of this chapter, a student who is:
(1) identified as bringing a firearm or destructive device to school
or on school property; or
(2) in possession of a firearm or destructive device on school
must be expelled for a period of at least one (1) calendar year, with the
return of the student to be at the beginning of the first school semester
after the end of the one (1) year period.
(e) The superintendent may, on a case-by-case basis, modify the
period of expulsion under subsection (d) for a student who is expelled
under this section.
(f) Notwithstanding section 14 of this chapter, a student who is:
(1) identified as bringing a deadly weapon to school or on school
(2) in possession of a deadly weapon on school property; or
(3) in possession of a knife of any type on school property,
except as provided in subsection (i);
may be expelled for a period of not more than one (1) calendar year.
(g) A superintendent or the superintendent's designee shall
immediately notify the appropriate law enforcement agency having
jurisdiction over the property where the school is located if a student
engages in a behavior described in subsection (d). The superintendent
may give similar notice if the student engages in a behavior described
in subsection (f). Upon receiving notification under this subsection, the
law enforcement agency shall begin an investigation and take
(h) A student with disabilities (as defined in IC 20-1-6.1-7) who
possesses a firearm on school property is subject to procedural
safeguards under 20 U.S.C. 1415.
(i) A student may not be expelled for possessing a knife on
(A) the knife is provided by the school corporation; or
(B) possession of the knife is permitted by the school
(2) if, at the time of possession, the knife is being used for a
purpose authorized by the school corporation.