CSHB 28(FIN) AM: "An Act relating to the possession of weapons within the buildings of, 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; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district."
00CS FOR HOUSE BILL NO. 28(FIN) am 01 "An Act relating to the possession of weapons within the buildings of, grounds 02 of, or on the parking lot of preschools, elementary, junior high, and secondary 03 schools or while participating in a school-sponsored event; requiring the expulsion 04 or suspension of students possessing deadly weapons on school grounds; requiring 05 reports to the Department of Education concerning those expulsions or suspensions; 06 and relating to school lockers and other containers provided in a public or 07 private school by the school or the school district." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 11.61.210(a) is amended to read: 10 (a) A person commits the crime of misconduct involving weapons in the fourth 11 degree if the person 12 (1) possesses on the person, or in the interior of a vehicle in which the 13 person is present, a firearm when the person's physical or mental condition is impaired 14 as a result of the introduction of an intoxicating liquor or a controlled substance into
01 the person's body in circumstances other than described in AS 11.61.200(a)(7); 02 (2) discharges a firearm from, on, or across a highway; 03 (3) discharges a firearm with reckless disregard for a risk of damage 04 to property or a risk of physical injury to a person; 05 (4) manufactures, possesses, transports, sells, or transfers metal 06 knuckles; 07 (5) manufactures, sells, or transfers a switchblade or a gravity knife; 08 [OR] 09 (6) knowingly sells a firearm or a defensive weapon to a person under 10 18 years of age; 11 (7) other than a preschool, elementary, junior high, or secondary 12 school student, knowingly possesses a deadly weapon or a defensive weapon, 13 without the permission of the chief administrative officer of the school or district 14 or the designee of the chief administrative officer, within the buildings of, grounds 15 of, or on the parking lot immediately adjacent to a public or private preschool, 16 elementary, junior high, or secondary school or while participating in a school-sponsored event, except that a 17 person who otherwise may lawfully possess a 18 deadly weapon or a defensive weapon may possess 19 (A) a deadly weapon, other than a loaded firearm, in the 20 trunk of a motor vehicle or encased in a closed container in a motor 21 vehicle; 22 (B) a defensive weapon; 23 (C) an unloaded firearm if the person is traversing school 24 premises in a rural area for the purpose of entering public or private land 25 that is open to hunting and the school board with jurisdiction over the 26 school premises has elected to have this exemption apply to the school 27 premises; in this subparagraph, "rural" means a community with a 28 population of 5,500 or less that is not connected by road or rail to 29 Anchorage or Fairbanks or with a population of 1,500 or less that is 30 connected by road or rail to Anchorage or Fairbanks; or 31 (8) being a preschool, elementary, junior high, or secondary school
01 student, knowingly possesses a deadly weapon or a defensive weapon, within the 02 buildings of, grounds of, or on the parking lot immediately adjacent to a public 03 or private preschool, elementary, junior high, or secondary school or while 04 participating in a school-sponsored event, except that a student may possess a 05 deadly weapon, other than a firearm as defined under 18 U.S.C. 921, or a 06 defensive weapon if the student has obtained the prior permission of the chief 07 administrative officer of the school or district or the designee of the chief 08 administrative officer for the possession. 09 * Sec. 2. AS 11.61.210 is amended by adding a new subsection to read: 10 (d) The provisions of (a)(7) of this section do not apply to a peace officer 11 acting within the scope and authority of the officer's employment. 12 * Sec. 3. AS 11.61.220(a) is amended to read: 13 (a) A person commits the crime of misconduct involving weapons in the fifth 14 degree if the person 15 (1) knowingly possesses a deadly weapon, other than an ordinary 16 pocket knife or a defensive weapon, that is concealed on the person; 17 (2) knowingly possesses a loaded firearm on the person in any place 18 where intoxicating liquor is sold for consumption on the premises; 19 (3) being an unemancipated minor under 16 years of age, possesses a 20 firearm without the consent of a parent or guardian of the minor; 21 (4) knowingly possesses a firearm 22 [(A) OR A DEFENSIVE WEAPON WITHIN THE GROUNDS 23 OF OR ON A PARKING LOT IMMEDIATELY ADJACENT TO A PUBLIC 24 OR PRIVATE PRESCHOOL, ELEMENTARY, JUNIOR HIGH, OR 25 SECONDARY SCHOOL WITHOUT THE PERMISSION OF THE CHIEF 26 ADMINISTRATIVE OFFICER OF THE SCHOOL OR DISTRICT OR THE 27 DESIGNEE OF THE CHIEF ADMINISTRATIVE OFFICER, EXCEPT THAT 28 A PERSON 21 YEARS OF AGE OR OLDER MAY POSSESS 29 (i) AN UNLOADED FIREARM IN THE TRUNK OF 30 A MOTOR VEHICLE OR ENCASED IN A CLOSED CONTAINER 31 IN A MOTOR VEHICLE;
01 (ii) A DEFENSIVE WEAPON; OR 02 (B)] within the grounds of or on a parking lot immediately 03 adjacent to a center, other than a private residence, licensed under AS 47.33 or 04 AS 47.35 or recognized by the federal government for the care of children; or 05 (5) possesses or transports a switchblade or a gravity knife. 06 * Sec. 4. AS 14.03.080 is amended by adding a new subsection to read: 07 (f) This section does not require a school district to admit a child or person 08 currently under suspension or expulsion under AS 14.03.160 in that or another school 09 district. 10 * Sec. 5. AS 14.03 is amended by adding a new section to read: 11 Sec. 14.03.105. SCHOOL LOCKERS. (a) Subject to (b) of this section, a 12 locker or other container provided in a school by the school or the school district may 13 be searched and examined with the permission of the chief administrative officer of 14 the school or the school district or the designee of the chief administrative officer to 15 determine compliance with school regulations, school district regulations, and local, 16 state, and federal laws. A search or examination under this section may not be more 17 intrusive than reasonably necessary to meet the objectives of the search. 18 (b) Notices in letters at least two inches high stating the right and the intention 19 of school and school district officers to permit searches and examinations under (a) of 20 this section shall be posted in prominent locations throughout a school. 21 (c) Nothing in this section limits the ability of a peace officer, chief 22 administrative officer, or other appropriate person, acting in compliance with local, 23 state, or federal laws, to search a locker or other container provided in a public or 24 private school by the school district. 25 * Sec. 6. AS 14.03 is amended by adding a new section to read: 26 Sec. 14.03.160. SUSPENSION OR EXPULSION OF STUDENTS FOR 27 POSSESSING WEAPONS. (a) Notwithstanding any other provision of law, a school 28 district shall 29 (1) expel for at least one year a student who violates 30 AS 11.61.210(a)(8) while possessing a firearm, as that term is defined under 18 U.S.C. 31 921;
01 (2) suspend for a least 30 days, or expel for the school year or 02 permanently, a student who violates AS 11.61.210(a)(8) while possessing a deadly 03 weapon, other than a firearm as that term is defined under 18 U.S.C. 921. 04 (b) The administrative officer of a school district may on a case-by-case basis 05 reduce or otherwise modify the expulsion or suspension of a student under (a) of this 06 section. 07 (c) A prior conviction, or adjudication of delinquency or child in need of aid, 08 for violation of AS 11.61.210(a)(8) is not necessary for a school board to suspend or 09 expel a student under this section. 10 (d) Each school district shall adopt a policy providing for the 11 (1) referral to law enforcement authorities of students who violate 12 AS 11.61.210(a)(8); 13 (2) identification of procedures and conditions for early reinstatement 14 of students suspended or expelled under this section. 15 (e) Annually on a date set by the department, each school district shall report 16 to the department the number of students expelled under this section and the types of 17 weapons involved. 18 (f) In this section, 19 (1) "deadly weapon" has the meaning given in AS 11.81.900; 20 (2) "district" has the meaning given in AS 14.17.250. 21 * Sec. 7. AS 14.45 is amended by adding a new section to article 3 to read: 22 Sec. 14.45.190. SCHOOL LOCKERS. A private school may search school 23 lockers and other containers as provided in AS 14.03.105.