Introduced Version






SENATE BILL No. 91

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-8.1-5.1-10.

Synopsis: Prohibition of knives in schools. Provides that a student may be expelled for not more than one year for possessing a knife on school property.

Effective: July 1, 2004.





Merritt




    December 2, 2003, read first time and referred to Committee on Education and Career Development.







Introduced

Second Regular Session 113th General Assembly (2004)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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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 destructive device.
    (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 property;
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 property; or
        (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 appropriate action.
    (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 school property:
        (1) if:
            (A) the knife is provided by the school corporation; or
            (B) possession of the knife is permitted by the school corporation; and
        (2) if, at the time of possession, the knife is being used for a purpose authorized by the school corporation.