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 6-3; IC 10-19; IC 10-21; IC 20-26;
IC 31-37; IC 34-31; IC 35-31.5; IC 35-44.1; IC 35-47.
Effective: Upon passage; January 1, 2013 (retroactive); July 1, 2013.
(HOUSE SPONSORS _ TORR, STEUERWALD, LAWSON L, BEHNING, BURTON, CLERE, EBERHART, FRIZZELL, GUTWEIN, HAMM, LUCAS, MORRISON)
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.
April 9, 2013, amended, reported _ Do Pass.
Digest Continued
Creates the secured school safety board to approve or disapprove applications for matching grants from the fund and to develop best practices for school resource officers. Provides that a matching grant from the Indiana secured school fund may not exceed the following: (1) $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 unless a public school obtains a waiver, the public school must have at least one designated school protection officer. Provides that the designated school protection officer must carry a weapon. Provides that a designated school protection officer who is not a law enforcement officer must not carry a weapon in a manner that is visible. Provides that a school must ensure that the identity of a designated school protection officer who is not in a law enforcement uniform remains confidential. Provides that a designated school protection officer is considered an employee of the school corporation that the designated school protection officer serves. Provides a tax deduction for designated school protection officers. 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. Provides that the state shall indemnify a public school for liability resulting from the use or misuse of a designated school protection officer's or school resource officer's weapon. 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.
(b) As used in this section, "designated school protection officer" has the meaning set forth in IC 10-19-12-1.
(c) As used in this section, "school" means a public school, including one (1) or more schools that share a campus.
(d) An individual who serves as a designated school protection officer in a taxable year is eligible for a deduction from the
individual's adjusted gross income for that taxable year under this
section if:
(1) in the case of an individual who is not otherwise employed
by the governing body operating the school, the individual
receives less than the federal minimum hourly wage for
performing the duties of a designated school protection
officer; or
(2) in the case of an individual who is employed by the
governing body operating the school, the individual receives
no additional compensation for performing the duties of a
designated school protection officer.
(e) Subject to the limits set forth in subsection (f), the deduction
provided by this section is equal to the product of:
(1) fifty dollars ($50); multiplied by
(2) the number of hours that the individual served as a
designated school protection officer in the taxable year as
certified by the governing body of the school under subsection
(g).
(f) The following limits apply to a deduction allowed under this
section:
(1) The maximum number of hours for all individuals for
which a deduction may be claimed for the hours served as a
designated school protection officer in a particular school is
one thousand five hundred (1,500) per taxable year.
(2) A school may allocate an hour among one (1) or more
designated school protection officers, including to an
administrator of the school, according to the ratio the number
of hours served by each designated school protection officer
bears to the total number of hours served by all of the school's
designated school protection officers.
(3) A deduction under this section may not reduce an
individual's taxable income below zero dollars ($0).
(g) The governing body of each school served by a designated
school protection officer eligible for a deduction under this section
shall certify to the designated school protection officer the number
of hours for which the designated school protection officer may
claim a deduction under subsection (f) on a form prescribed by the
department.
(h) An individual may claim the deduction allowed by this
section on the individual's income tax return for the taxable year
for which the deduction is claimed. An individual must attach the
certification received under subsection (g) to the return.
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, "school" includes one (1) or more schools that share a campus.
Sec. 3. 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. 4. This chapter does not apply to a nonpublic school.
Sec. 5. Unless a school receives a waiver under IC 10-21-1-9, the school shall do the following beginning January 1, 2014:
(1) Except as provided in guidelines adopted under IC 10-21-1-1-7(a)(3), have at least one (1) designated school protection officer on the premises of the school during regular school hours.
(2) Require at all times during regular school hours at least one (1) designated school protection officer on the premises of the school to carry a weapon.
(3) Each school shall ensure that the identity of a school protection officer who is not in a law enforcement uniform remains confidential.
Sec. 6. A school protection officer who is not a law enforcement officer may not carry the officer's weapon in a manner that is visible.
Sec. 7. An individual designated as a school protection officer is considered an employee of the school regardless of whether the individual accepts any compensation for performing the duties of a school protection officer.
Sec. 8. The governing body of a public school may apply to the secured school safety board for a waiver from the requirements of section 5 of this chapter after meeting at least one (1) time each year in executive session to consider whether a waiver is appropriate. The governing body must submit a waiver application in the manner and form prescribed by the secured school safety board under IC 10-21-1-9.
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 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) may:
(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 of homeland security.
(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 thirteen (13) 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.
(8) An adolescent development expert or pediatrician appointed by the governor.
(9) A mental health professional appointed by the governor.
(10) A member of the senate appointed by the president pro tempore of the senate.
(11) A member of the senate appointed by the minority leader of the senate.
(12) A member of the house of representatives appointed by the speaker of the house of representatives.
(13) A member of the house of representatives appointed by the minority leader of the house of representatives.
(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;
(2) safety and school protection procedures for a designated
school protection officer when the physical safety of school
students or employees is at risk;
(3) acceptable practices regarding the unplanned
unavailability of a school protection officer on the school
premises during regular school hours; and
(4) procedures needed to ensure that IC 10-19-12-5(3) is
properly implemented.
(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 of homeland security shall report before
October 1 of each year to the budget committee concerning
matching grants awarded under this chapter during the previous
fiscal year.
Sec. 9. The board shall approve an application submitted by the
governing body of a public school for a waiver from the
requirement of having a designated school protection officer under
IC 10-19-12-5. The board shall prescribe the manner and form in
which an application may be submitted. An application for a
waiver is confidential.
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 CFR 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).
Chapter 10. Indemnification: Designated School Protection Officers and School Resource Officers
Sec. 1. The following definitions apply throughout this chapter:
(1) "Designated school protection officer" has the meaning set forth in IC 10-19-12-1.
(2) "Public school" means:
(A) a public school (as defined in IC 20-18-2-15); or
(B) a charter school.
(3) "School resource officer" has the meaning set forth in IC 20-26-18-1.
(4) "Weapon" has the meaning set forth in IC 10-19-12-2.
Sec. 2. The state shall indemnify a public school against a loss resulting from any injury to a person caused by a designated school protection officer or school resource officer if the loss was the result of misfeasance, malfeasance, or nonfeasance in connection with the use of the officer's weapon.
(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;
(6) an enforcement officer of the securities division of the office of the secretary of state; or
(7) a gaming control officer employed by the gaming control division under IC 4-33-20.
(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.
(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.
(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.
