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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.

__________________________________

Representative Behning


CR000101/DI 116    2013