Text Box
Adopted Rejected
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COMMITTEE REPORT
YES:
9
NO:
3
MR. SPEAKER:
Your Committee on Education , to which was referred Senate Bill 1 , has had the
same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
SOURCE: Page 2, line 18; (13)CR000101.2. -->
Page 2, delete lines 18 through 42, begin a new paragraph and
insert:
SOURCE: IC 5-2-10.1-9; (13)CR000101.2. -->
"SECTION 2. IC 5-2-10.1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) Each school
corporation shall designate an individual to serve as the school safety
specialist for the school corporation.
(b) The school safety specialist shall be chosen by the
superintendent of the school corporation with the approval of the
governing body.
(c) The school safety specialist shall perform the following duties:
(1) Serve on the county school safety commission, if a county
school safety commission is established under section 10 of this
chapter.
(2) Participate each year in a number of days of school safety
training that the council determines.
(3) With the assistance of the county school safety commission,
if a county school safety commission is established under section
10 of this chapter, develop a safety plan for each school in the
school corporation.
(4) Coordinate the safety plans of each school in the school
corporation as required under rules adopted by the Indiana state
board of education.
(5) Act as a resource for other individuals in the school
corporation on issues related to school discipline, safety, and
security.
(d) A school safety plan developed by the school safety specialist
must include the requirements set forth in IC 20-26-18-2(b) and
must be provided to the secured school safety board (as established
by IC 10-21-1-3) for evaluation.".
SOURCE: Page 3, line 1; (13)CR000101.3. -->
Page 3, delete lines 1 through 33.
Page 4, delete lines 22 through 25, begin a new paragraph and
insert:
SOURCE: IC 10-19-12; (13)CR000101.5. -->
"SECTION 5. IC 10-19-12 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 12. Designated School Protection Officers
Sec. 1. As used in this chapter, "designated school protection
officer" means an individual:
(1) employed by a public school, including a charter school, or
school corporation or who contracts with a school or school
corporation;
(2) who meets all the guidelines established under
IC 10-21-1-7(a); and
(3) who meets all guidelines implemented under emergency
rules adopted under IC 10-21-1-7(b).
Sec. 2. As used in this chapter, "weapon" means a loaded
firearm. This term does not include:
(1) a taser (as defined in IC 35-47-8-3);
(2) an electronic stun weapon (as defined in IC 35-47-8-1);
and
(3) another device designed to temporarily incapacitate a
person.
Sec. 3. For purposes of this chapter, "school" includes one (1) or
more schools that share a campus.
Sec. 4. This chapter does not apply to a nonpublic school.
Sec. 5. Beginning January 1, 2014:
(1) each school shall have at least one (1) designated school
protection officer on the premises of the school during regular
school hours; and
(2) at least one (1) designated school protection officer on the
premises of the school must carry a weapon at all times
during regular school hours.
SOURCE: IC 10-21; (13)CR000101.6. -->
SECTION 6. IC 10-21 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
ARTICLE 21. SCHOOL SAFETY
Chapter 1. School Safety".
SOURCE: Page 4, line 35; (13)CR000101.4. -->
Page 4, line 35, after "school"" insert " refers to an individual
school corporation or charter school but also".
Page 5, line 21, after "the" insert " Indiana".
Page 5, line 37, delete "school resource officers;" and insert " school
safety specialists under IC 5-2-10.1-9(d);".
Page 5, line 42, delete "five (5)" and insert " seven (7)".
Page 6, delete lines 1 through 3, begin a new line block indented
and insert:
" (1) The executive director of the department of homeland
security or the executive director's designee. The executive
director of the department of homeland security or the
executive director's designee serves as the chairperson of the
board.".
Page 6, between lines 9 and 10, begin a new line block indented and
insert:
" (6) The director of the criminal justice institute or the
director's designee.
(7) An employee of a local school corporation or a charter
school appointed by the governor.".
Page 6, delete lines 23 through 27, begin a new paragraph and
insert:
" (b) A matching grant awarded to a school corporation or
charter school (or a coalition of schools applying jointly) may not
exceed the lesser of the following during a two (2) year period
beginning on or after May 1, 2013:
(1) The total cost of the program established by the school
corporation or charter school (or the coalition of schools
applying jointly).
(2) The following amounts:
(A) Fifty thousand dollars ($50,000) per year, in the case of
a school corporation or charter school that:
(i) has an ADM of at least one thousand (1,000); and
(ii) is not applying jointly with any other school
corporation or charter school.
(B) Thirty-five thousand dollars ($35,000) per year, in the
case of a school corporation or charter school that:
(i) has an ADM of less than one thousand (1,000); and
(ii) is not applying jointly with any other school
corporation or charter school.
(C) Fifty thousand dollars ($50,000) per year, in the case of
a coalition of schools applying jointly.".
Page 6, line 32, delete "A school".
Page 6, delete lines 33 through 36.
Page 7, line 10, after "7." insert " (a) By September 1, 2013, the
board shall establish guidelines concerning:
(1) required initial and annual training for designated school
protection officers under IC 10-19-12; and
(2) safety and school protection procedures for a designated
school protection officer when the physical safety of school
students or employees is at risk.
(b) By October 1, 2013, the Indiana state board of education
shall adopt emergency rules in the manner provided under
IC 4-22-2-37.1 implementing the guidelines established under
subsection (a).
Sec. 8.".
Page 7, line 22, delete, "develop and implement the comprehensive
local" and insert " assist the school safety specialist with the
development and implementation of the".
Page 7, line 23, delete "under" and insert " as provided in".
Page 7, line 25, delete "in" and insert " under".
Page 7, line 25, delete "agreement," and insert " engagement,".
Page 7, line 26, after "understanding" insert " and".
Page 8, line 12, delete "solely".
Page 8, line 14, delete "solely".
Page 8, line 27, delete "develop and" and insert " assist the school
corporation's school safety specialist with the development and
implementation of the".
Page 8, line 28, delete "implement a comprehensive local".
Page 8, line 28, delete "will do" and insert " does".
Page 8, line 35, delete "in developing the" and insert " when
assisting the school corporation's school safety specialist in the
development of the".
Page 8, line 36, delete "comprehensive local".
Page 8, delete lines 37 through 39.
Page 8, line 40, delete "(e)" and insert " (d)".
Page 9, line 1, delete "comprehensive local".
Page 9, line 6, delete "property;" and insert " property using the
reasonable suspicion standard;".
Page 9, line 7, after "firearm" delete ";" and insert " on or off school
property;".
Page 9, line 11, delete "employing" and insert " engaging".
Page 9, line 12, delete "school." and insert " school or where the
school corporation or charter school's students reside.".
Page 9, between lines 14 and 15, begin a new paragraph and insert:
" Sec. 4. A school corporation or charter school may disclose
student information and records to a school resource officer, a law
enforcement agency, or an official of the juvenile justice system
without prior consent under the Family Education Rights and
Privacy Act (20 U.S.C. 1232g or 34 C.F.R. 9931(a)(5), 99.38).
SOURCE: IC 31-37-4-3; (13)CR000101.6. -->
SECTION 6. IC 31-37-4-3, AS AMENDED BY P.L.126-2012,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) This section applies if a child is arrested or
taken into custody for allegedly committing an act that would be any of
the following crimes if committed by an adult:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Class A felony or a Class B felony
(IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony
(IC 35-43-2-1).
(14) Carjacking (IC 35-42-5-2).
(15) Assisting a criminal as a Class C felony (IC 35-44.1-2-5).
(16) Escape (IC 35-44.1-3-4) as a Class B felony or Class C
felony.
(17) Trafficking with an inmate as a Class C felony
(IC 35-44.1-3-5).
(18) Causing death when operating a vehicle (IC 9-30-5-5).
(19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
(20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
(21) Possession, use, or manufacture of a weapon of mass
destruction (IC 35-47-12-1).
(22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (controlled explosives) as a Class
A or Class B felony.
(25) A controlled substances offense under IC 35-48.
(26) A criminal gang offense under IC 35-45-9.
(b) If a child is taken into custody under this chapter for a crime or
act listed in subsection (a)
or a situation to which IC 12-26-4-1
applies, the law enforcement agency that employs the law enforcement
officer who takes the child into custody shall notify the chief
administrative officer of the primary or secondary school, including a
public or nonpublic school, in which the child is enrolled or, if the
child is enrolled in a public school, the superintendent of the school
district in which the child is enrolled:
(1) that the child was taken into custody; and
(2) of the reason why the child was taken into custody.
(c) The notification under subsection (b) must occur within
forty-eight (48) hours after the child is taken into custody.
(d) A law enforcement agency may not disclose information that is
confidential under state or federal law to a school or school district
under this section.
(e) A law enforcement agency shall include in its training for
law enforcement officers training concerning the notification
requirements under subsection (b).
SOURCE: IC 35-31.5-2-185; (13)CR000101.6. -->
SECTION 6. IC 35-31.5-2-185, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 185. (a) Except as provided in subsections (b)
through (d), "law enforcement officer" means:
(1) a police officer (including a correctional police officer),
sheriff, constable, marshal, prosecuting attorney, special
prosecuting attorney, special deputy prosecuting attorney, the
securities commissioner, or the inspector general;
(2) a deputy of any of those persons;
(3) an investigator for a prosecuting attorney or for the inspector
general;
(4) a conservation officer;
(5) an enforcement officer of the alcohol and tobacco
commission; or
(6) an enforcement officer of the securities division of the office
of the secretary of state.
(b) "Law enforcement officer", for purposes of IC 35-42-2-1,
includes an alcoholic beverage enforcement officer, as set forth in
IC 35-42-2-1(b)(1).
(c) "Law enforcement officer", for purposes of IC 35-45-15,
includes a federal enforcement officer, as set forth in
IC 35-45-15-3.
(d) "Law enforcement officer", for purposes of IC 35-44.1-3-1
and IC 35-44.1-3-2, includes a school resource officer (as defined
in IC 20-26-18-1) and a school corporation police officer appointed
under IC 20-26-16.
SOURCE: IC 35-44.1-3-1; (13)CR000101.7. -->
SECTION 7. IC 35-44.1-3-1, AS ADDED BY P.L.126-2012,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) A person who knowingly or
intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement
officer or a person assisting the officer while the officer is
lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified himself
or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as
provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the person
uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a),
the person draws or uses a deadly weapon, inflicts bodily
injury on or otherwise causes bodily injury to another person,
or operates a vehicle in a manner that creates a substantial risk
of bodily injury to another person;
(2) Class C felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes serious bodily injury to another person;
(3) Class B felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of another person; and
(4) Class A felony if, while committing any offense described in
subsection (a), the person operates a vehicle in a manner that
causes the death of a law enforcement officer while the law
enforcement officer is engaged in the officer's official duties.
(c) For purposes of this section, a law enforcement officer includes
an enforcement officer of the alcohol and tobacco commission and a
conservation officer of the department of natural resources.
(d) (c) If a person uses a vehicle to commit a felony offense under
subsection (b)(1)(B), (b)(2), (b)(3), or (b)(4), as part of the criminal
penalty imposed for the offense, the court shall impose a minimum
executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1) prior
unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior unrelated
convictions under this section.
(e) (d) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the
mandatory minimum sentence imposed under subsection (d) (c) may
not be suspended.
(f) (e) If a person is convicted of an offense involving the use of a
motor vehicle under:
(1) subsection (b)(1)(A), if the person exceeded the speed limit by
at least twenty (20) miles per hour while committing the offense;
(2) subsection (b)(2); or
(3) subsection (b)(3);
the court may notify the bureau of motor vehicles to suspend or revoke
the person's driver's license and all certificates of registration and
license plates issued or registered in the person's name in accordance
with IC 9-30-4-6(b)(3) for the period described in IC 9-30-4-6(d)(4) or
IC 9-30-4-6(d)(5). The court shall inform the bureau whether the
person has been sentenced to a term of incarceration. At the time of
conviction, the court may obtain the person's current driver's license
and return the license to the bureau of motor vehicles.
SOURCE: IC 35-47-9-1; (13)CR000101.8. -->
SECTION 8. IC 35-47-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. This chapter does not
apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who has been employed or authorized by:
(A) a school; or
(B) another person who owns or operates property being used
by a school for a school function;
to act as a security guard, perform or participate in a school
function, or participate in any other activity authorized by a
school.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being
operated by the person to transport another person to or from
a school or a school function.
(4) A person who is a designated school protection officer
under IC 10-19-12.".
Renumber all SECTIONS consecutively.
(Reference is to SB 1 as reprinted February 22, 2013.)
and when so amended that said bill do pass.
__________________________________
CR000101/DI 116 2013