HB 28: "An Act relating to the possession of weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or suspension of students possessing deadly weapons on school grounds; and relating to school lockers and other containers provided in a public or private school by the school or the school district."
00HOUSE BILL NO. 28 01 "An Act relating to the possession of weapons within the grounds of or on the 02 parking lot of preschools, elementary, junior high, and secondary schools or while 03 participating in a school-sponsored event; requiring the expulsion or suspension of 04 students possessing deadly weapons on school grounds; and relating to school 05 lockers and other containers provided in a public or private school by the school 06 or the school district." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.61.210(a) is amended to read: 09 (a) A person commits the crime of misconduct involving weapons in the fourth 10 degree if the person 11 (1) possesses on the person, or in the interior of a vehicle in which the 12 person is present, a firearm when the person's physical or mental condition is impaired 13 as a result of the introduction of an intoxicating liquor or a controlled substance into 14 the person's body in circumstances other than described in AS 11.61.200(a)(7);
01 (2) discharges a firearm from, on, or across a highway; 02 (3) discharges a firearm with reckless disregard for a risk of damage 03 to property or a risk of physical injury to a person; 04 (4) manufactures, possesses, transports, sells, or transfers metal 05 knuckles; 06 (5) manufactures, sells, or transfers a switchblade or a gravity knife; 07 [OR] 08 (6) knowingly sells a firearm or a defensive weapon to a person under 09 18 years of age; or 10 (7) knowingly possesses a deadly weapon or a defensive weapon, 11 without the permission of the chief administrative officer of the school or district 12 or the designee of the chief administrative officer, within the grounds of or on the 13 parking lot immediately adjacent to a public or private preschool, elementary, 14 junior high, or secondary school or while participating in a school-sponsored 15 event, except that a person 21 years of age or older may possess 16 (A) a deadly weapon other than a loaded firearm in the 17 trunk of a motor vehicle or encased in a closed container in a motor 18 vehicle; 19 (B) a defensive weapon; 20 (C) an unloaded firearm if the person is traversing school 21 premises in a rural area for the purpose of entering public or private land 22 that is open to hunting and the school board with jurisdiction over the 23 school premises has elected to have this exemption apply to the school 24 premises; in this subparagraph, "rural" means a community with a 25 population of 5,500 or less that is not connected by road or rail to 26 Anchorage or Fairbanks or with a population of 1,500 or less that is 27 connected by road or rail to Anchorage or Fairbanks. 28 * Sec. 2. AS 11.61.210 is amended by adding a new subsection to read: 29 (d) The provisions of (a)(7) of this section do not apply to a peace officer 30 acting within the scope and authority of the officer's employment. 31 * Sec. 3. AS 11.61.220(a) is amended to read:
01 (a) A person commits the crime of misconduct involving weapons in the fifth 02 degree if the person 03 (1) knowingly possesses a deadly weapon, other than an ordinary 04 pocket knife or a defensive weapon, that is concealed on the person; 05 (2) knowingly possesses a loaded firearm on the person in any place 06 where intoxicating liquor is sold for consumption on the premises; 07 (3) being an unemancipated minor under 16 years of age, possesses a 08 firearm without the consent of a parent or guardian of the minor; 09 (4) knowingly possesses a firearm 10 [(A) OR A DEFENSIVE WEAPON WITHIN THE GROUNDS 11 OF OR ON A PARKING LOT IMMEDIATELY ADJACENT TO A PUBLIC 12 OR PRIVATE PRESCHOOL, ELEMENTARY, JUNIOR HIGH, OR 13 SECONDARY SCHOOL WITHOUT THE PERMISSION OF THE CHIEF 14 ADMINISTRATIVE OFFICER OF THE SCHOOL OR DISTRICT OR THE 15 DESIGNEE OF THE CHIEF ADMINISTRATIVE OFFICER, EXCEPT THAT 16 A PERSON 21 YEARS OF AGE OR OLDER MAY POSSESS 17 (i) AN UNLOADED FIREARM IN THE TRUNK OF 18 A MOTOR VEHICLE OR ENCASED IN A CLOSED CONTAINER 19 IN A MOTOR VEHICLE; 20 (ii) A DEFENSIVE WEAPON; OR 21 (B)] within the grounds of or on a parking lot immediately 22 adjacent to a center, other than a private residence, licensed under AS 47.33 or 23 AS 47.35 or recognized by the federal government for the care of children; or 24 (5) possesses or transports a switchblade or a gravity knife. 25 * Sec. 4. AS 14.03.080 is amended by adding a new subsection to read: 26 (f) This section does not require a school district to admit a child or person 27 currently under suspension or expulsion under AS 14.03.160 in that or another school 28 district. 29 * Sec. 5. AS 14.03 is amended by adding a new section to read: 30 Sec. 14.03.105. SCHOOL LOCKERS. (a) Subject to (b) of this section, a 31 locker or other container provided in a school by the school or the school district may
01 be searched and examined with the permission of the chief administrative officer of 02 the school or the school district or the designee of the chief administrative officer to 03 determine compliance with school regulations, school district regulations, and local, 04 state, and federal laws. 05 (b) Notices in letters at least two inches high stating the right and the intention 06 of school and school district officers to permit searches and examinations under (a) of 07 this section shall be posted in prominent locations throughout a school. 08 (c) Nothing in this section limits the ability of a peace officer, chief 09 administrative officer, or other appropriate person, acting in compliance with local, 10 state, or federal laws, to search a locker or other container provided in a public or 11 private school by the school district. 12 * Sec. 6. AS 14.03 is amended by adding a new section to read: 13 Sec. 14.03.160. SUSPENSION OR EXPULSION OF STUDENTS FOR 14 POSSESSING WEAPONS. (a) Notwithstanding any other provision of law, a school 15 district shall 16 (1) expel for at least one year a student who violates 17 AS 11.61.210(a)(7) while possessing a firearm, as that term is defined under 18 U.S.C. 18 921; 19 (2) suspend for a least 30 days, or expel for the school year or 20 permanently, a student who violates AS 11.61.210(a)(7) while possessing a deadly 21 weapon, other than a firearm, as that term is defined under 18 U.S.C. 921. 22 (b) The administrative officer of a school district may on a case-by-case basis 23 reduce or otherwise modify the expulsion or suspension of a student under (a) of this 24 section. 25 (c) A prior conviction, or adjudication of delinquency or child in need of 26 supervision, for violation of AS 11.61.210(a)(7) is not necessary for a school board to 27 suspend or expel a student under this section. 28 (d) In this section, "deadly weapon" has the meaning given in AS 11.81.900. 29 * Sec. 7. AS 14.45 is amended by adding a new section to article 3 to read: 30 Sec. 14.45.190. SCHOOL LOCKERS. A private school may search school 31 lockers and other containers as provided in AS 14.03.105.