Bill Text: IN SB0001 | 2013 | Regular Session | Engrossed
Bill Title: School resource officers and school safety.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2013-05-13 - Public Law 172 [SB0001 Detail]
Download: Indiana-2013-SB0001-Engrossed.html
Citations Affected: IC 5-2; IC 10-19; IC 10-21; IC 20-26; IC 31-37;
IC 35-31.5; IC 35-44.1; IC 35-47.
Effective: Upon passage; July 1, 2013.
(HOUSE SPONSORS _ TORR, STEUERWALD, LAWSON L, BEHNING)
January 10, 2013, read first time and referred to Committee on Appropriations.
February 18, 2013, amended, reported favorably _ Do Pass.
February 21, 2013, read second time, amended, ordered engrossed.
February 22, 2013, engrossed.
February 25, 2013, read third time, passed. Yeas 43, nays 7.
March 12, 2013, read first time and referred to Committee on Education.
April 2, 2013, amended, reported _ Do Pass. Referred to Committee on Ways and Means pursuant to Rule 127.
Digest Continued
$50,000 per year, in the case of a school corporation or charter school that has an ADM of at least 1,000 and is not applying jointly. (2) $35,000 per year, in the case of a school corporation or charter school that has an ADM of less than 1,000 and is not applying jointly. (3) $50,000 per year, in the case of a coalition of schools applying jointly. Eliminates the authority to use money in the safe schools fund for certain purposes. Provides that a designated protection officer must be on school property during regular school hours. Provides that a public school must have at least one designated school protection officer. Provides that a designated protection officer must be on school property during regular school hours. Provides that the designated school protection officer must carry a weapon. Provides that a public school must have at least one designated school protection officer. Provides that a school corporation or charter school may disclose student information and records to a school resource officer, law enforcement agency, or an official of the juvenile justice system without prior consent under the Family Education Rights and Privacy Act. Requires a law enforcement agency to notify a school if a student is apprehended because of a mental illness. Requires a law enforcement agency to include training to law enforcement officers pertaining to school notification requirements. Provides that for purposes of resisting law enforcement and disarming a law enforcement officer, a law enforcement officer includes a school resources officer and a school corporation police officer.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) Promote school safety through the:
(A) use of dogs trained to detect drugs and illegal substances; and
(2) Combat truancy.
(3) Provide matching grants to schools for school safe haven programs.
(4) Provide grants for school safety and safety plans.
(5) Provide educational outreach and training to school personnel concerning:
(A) the identification of;
(B) the prevention of; and
(C) intervention in;
bullying.
(b) The fund consists of amounts deposited:
(1) under IC 33-37-9-4; and
(2) from any other public or private source.
(c) The institute shall determine grant recipients from the fund with a priority on awarding grants in the following order:
(1) A grant for a safety plan.
(2) A safe haven grant requested under section 10 of this chapter.
(3) A safe haven grant requested under section 7 of this chapter.
(d) Upon recommendation of the council, the institute shall establish a method for determining the maximum amount a grant recipient may receive under this section.
(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.
(b) The department of education,
(1) Unsafe conditions, crime prevention, school violence, bullying, and other issues that prevent the maintenance of a safe school.
(2) Professional development needs for faculty and staff to implement methods that decrease problems identified under subdivision (1).
(3) Methods to encourage:
(A) involvement by the community and students;
(B) development of relationships between students and school faculty and staff; and
(C) use of problem solving teams.
(c) As a part of the plan developed under subsection (b), each safe school committee shall provide a copy of the floor plans for each building located on the school's property that clearly indicates each exit, the interior rooms and hallways, and the location of any hazardous materials located in the building to the law enforcement agency and the fire department that have jurisdiction over the school, and to the department of homeland security established by IC 10-19-2-1.
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.
ARTICLE 21. SCHOOL SAFETY
Chapter 1. School Safety
Sec. 1. The following definitions apply throughout this chapter:
(1) "ADM" refers to average daily membership determined under IC 20-43-4-2.
(2) "Board" refers to the secured school safety board established by section 3 of this chapter.
(3) "Fund" refers to the Indiana secured school fund established by section 2 of this chapter.
(4) "Local plan" means the comprehensive local school safety plan described in IC 20-26-18-2.
(5) "School corporation or charter school" refers to an individual school corporation or charter school but also includes:
(A) a coalition of school corporations;
(B) a coalition of charter schools; or
(C) a coalition of both school corporations and charter schools;
that intend to jointly employ a school resource officer or to
jointly apply for a matching grant under this chapter, unless
the context clearly indicates otherwise.
(6) "School resource officer" has the meaning set forth in
IC 20-26-18-1.
Sec. 2. (a) The Indiana secured school fund is established to
provide matching grants to enable school corporations and charter
schools to establish programs under which a school corporation or
charter school (or a coalition of schools) will:
(1) employ a school resource officer or enter into a contract or
a memorandum of understanding with a:
(A) local law enforcement agency;
(B) private entity; or
(C) nonprofit corporation;
to employ a school resource officer;
(2) conduct a threat assessment of the buildings within a
school corporation or operated by a charter school; or
(3) purchase equipment and technology to:
(A) restrict access to school property; or
(B) expedite notification of first responders.
(b) The fund shall be administered by the department.
(c) The fund consists of:
(1) appropriations from the general assembly;
(2) grants from the Indiana safe schools fund established by
IC 5-2-10.1-2;
(3) federal grants; and
(4) amounts deposited from any other public or private
source.
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
Sec. 3. (a) The secured school safety board is established to:
(1) approve or disapprove applications for matching grants to
fund programs described in section 2(a) of this chapter;
(2) evaluate local plans submitted by school safety specialists
under IC 5-2-10.1-9(d); and
(3) develop best practices for a school resource officer to
employ in order to successfully carry out the officer's
responsibilities under IC 20-26-18-1(a)(2).
(b) The board consists of seven (7) members appointed as
follows:
(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.
(2) The attorney general or attorney general's designee.
(3) The superintendent of the state police department or the
superintendent's designee.
(4) A local law enforcement officer appointed by the governor.
(5) The state superintendent of public instruction or the
superintendent's designee.
(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.
(c) The board shall establish criteria to be used in evaluating
applications for matching grants from the fund. These criteria
must:
(1) be consistent with the fund's goals; and
(2) provide for an equitable distribution of grants to school
corporations and charter schools located throughout Indiana.
Sec. 4. (a) The board may award a matching grant to enable a
school corporation or charter school (or a coalition of schools
applying jointly) to establish a program to employ a school
resource officer, conduct a threat assessment, or purchase
equipment to restrict access to the school or expedite the
notification of first responders in accordance with section 2(a) of
this chapter.
(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.
(c) A school corporation or charter school may receive only one (1) matching grant under this section each year.
Sec. 5. (a) A school corporation or charter school may annually apply to the board for a matching grant from the fund for a program described in section 2(a) of this chapter.
(b) The application must include the following:
(1) A concise description of the school corporation's or charter school's security needs.
(2) The estimated cost of the program to the school corporation or charter school.
(3) The extent to which the school corporation or charter school has access to and support from a nearby law enforcement agency, if applicable.
(4) The ADM of the school corporation or charter school (or the combined ADM of the coalition of schools applying jointly).
(5) Any other information required by the board.
Sec. 6. A school corporation or charter school that is awarded a matching grant under this chapter is not required to repay or reimburse the board or fund the amount of the matching grant.
Sec. 7. (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. The department shall report before October 1 of each year to the budget committee concerning matching grants awarded
under this chapter during the previous fiscal year.
Chapter 18. School Resource Officers
Sec. 1. (a) As used in this chapter, "school resource officer" means an individual who:
(1) has completed the training described in subsection (b); and
(2) is employed by or assigned to one (1) or more school corporations or charter schools to:
(A) assist the school safety specialist with the development and implementation of the school safety plan as provided in section 2 of this chapter; and
(B) carry out any additional responsibilities assigned to the school resource officer under the employment engagement, contract, or memorandum of understanding and to:
(i) protect against outside threats to the physical safety of students;
(ii) prevent unauthorized access to school property; and
(iii) secure schools against violence and natural disasters.
(b) Before being appointed as a school resource officer, an individual must have:
(1) successfully completed the minimum training requirements established for law enforcement officers under IC 5-2-1-9; and
(2) received at least forty (40) hours of certified school resource officer training through:
(A) the Indiana law enforcement training board established by IC 5-2-1-3;
(B) the National Association of School Resource Officers;
(C) a certified school resource officer instructor; or
(D) another organization that offers certified instruction to school resource officers.
(c) Certified training described in subsection (b)(2) must include instruction regarding skills, tactics, and strategies necessary to address the special nature of:
(1) school campuses; and
(2) school building security needs and characteristics.
Sec. 2. (a) A school resource officer may be employed:
(1) by one (1) or more school corporations or charter schools through a contract between a local law enforcement agency and the school corporation or school corporations or the
charter school or charter schools;
(2) by one (1) or more school corporations or charter schools;
(3) by a local law enforcement agency that assigns the school
resource officer to one (1) or more school corporations or
charter schools through a memorandum of understanding
between the local law enforcement agency and the school
corporation or school corporations or the charter school or
charter schools; or
(4) through a contract between an Indiana business that
employs persons who meet the qualifications of a school
resource officer and the school corporation or school
corporations or the charter school or charter schools.
(b) A contract or memorandum of understanding entered into
under subsection (a) must state the nature and scope of a school
resource officer's duties and responsibilities. A school resource
officer's duties and responsibilities include the duty to assist the
school corporation's school safety specialist with the development
and implementation of the school safety plan that does the
following:
(1) Protect against outside threats to the physical safety of
students.
(2) Prevent unauthorized access to school property.
(3) Secure schools against violence and natural disasters.
(c) A school resource officer shall consult with local law
enforcement officials and first responders when assisting the school
corporation's school safety specialist in the development of the
school safety plan.
(d) On or before August 1 of each year, each school resource
officer, using a format required by the department, shall prepare
and file with the department an evaluation report concerning the
implementation of the school safety plan at each school at which
the school resource officer is employed or to which the school
resource officer is assigned.
Sec. 3. (a) A school resource officer may:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property using
the reasonable suspicion standard;
(3) carry a firearm on or off school property; and
(4) exercise other police powers with respect to the
enforcement of Indiana laws.
(b) A school resource officer has jurisdiction in every county
where the school corporation or charter school engaging the officer
operates a school or where the school corporation or charter
school's students reside. This subsection does not restrict the
jurisdiction that a school resource officer may possess due to the
officer's employment by a law enforcement agency.
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).
(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).
(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.
(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.
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.
(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.
