Bill Text: NJ S1705 | 2018-2019 | Regular Session | Introduced
Bill Title: The "School Safety and Security Act"; establishes penalties for certain criminal acts committed on school property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-05 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1705 Detail]
Download: New_Jersey-2018-S1705-Introduced.html
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
SYNOPSIS
The "School Safety and Security Act"; establishes penalties for certain criminal acts committed on school property.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school safety and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "School Safety and Security Act."
2. For the purposes of this section:
"School district" means any local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes;
"School safety and security plan" means the comprehensive plans, procedures, and mechanisms developed by each school district that provide for safety and security in the school district's public elementary and secondary schools and which provide for, at a minimum, the protection of the health, safety, security and welfare of the school population; and the prevention of, intervention in, response to and recovery from emergency and crisis situations.
3. It shall be a crime of the fourth degree if an actor:
a. Purposely or knowingly:
(1) Enters or remains on school property after having been advised by written or verbal communication, a posting, or other reasonable efforts by the school district or non-public school or any other authorized person to notify the actor that he is not licensed or privileged to do so; or
(2) Having entered school property, provides false information, name, or identification to any authorized person requesting such information; or
(3) Assists another to enter school property by ignoring, circumventing, or bypassing any direction, policy, or device specifically designed to identify, authorize, or otherwise screen visitors entering the school property after having been advised by written or verbal communication, posting, or other reasonable efforts to advise the actor of such direction, policy, or device; or
(4) Assists another to enter school property by defeating any security measure or device specifically designed to prevent unauthorized access; or
b. Purposely or knowingly activates, uses, or tampers with any device utilized, designed, or intended to announce or communicate a crime or emergency, or to initiate a school safety and security plan, non-fire evacuation, lockdown, lock-in, or other security-related response knowing that there is no such crime or emergency and that it is likely to initiate a school safety and security plan, a lockdown, lock-in, or other security-related plan or emergency response; or
c. Purposely or knowingly damages or tampers with any device, instrument, sign, or system used to monitor or manage the security of a school; or
d. Purposely or knowingly interferes with, obstructs, or impedes implementation of an activated school safety and security plan or any security protocol, function, or drill, intended to provide an emergency response from the school district or non-public school, employee, administrator, or any other authorized person, or to notify and elicit a response from security personnel or law enforcement; or
e. With purpose to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
(1) Engages in criminal, alarming or threatening behavior; and
(2) Causes any school district or non-public school, employee, administrator, law enforcement officer, or any other authorized person to initiate, activate, communicate, or otherwise begin protocol pursuant to a school safety and security plan, non-fire evacuation, drill, lockdown, lock-in, or other security-related plan or emergency response, or to notify and elicit a response from security personnel or law enforcement.
f. Nothing in this section shall preclude an indictment and conviction for any other offense defined by the laws of this State.
4. a. All information related to plans, locations, diagrams, procedures, drills, or other activity that is part of an established school safety and security plan or other security-related plan or emergency response intended to be used to ensure the safety and security of a school shall not be made available to any individual or institution except:
(1) Law enforcement officials;
(2) School board members;
(3) Employees of the school district or non-public school; and
(4) Any other person or entity otherwise provided by law.
b. A person is guilty of a crime of the fourth degree if he purposely or knowingly, without the express written permission of the superintendent of schools of the school district or the chief school administrator of the non-public school, or the chief law enforcement officer of the municipality in which the school is located or, if the municipality does not have a local police force, the Superintendent of State Police:
(1) Films, records, or otherwise documents procedures, drills, or activity that is part of an established school safety and security plan, or other security-related plan or emergency response; or
(2) Posts any information, video, or procedures on the Internet, social media, or makes public any plans, locations, diagrams, or procedures pursuant to an established school safety and security plan, or other security-related plan or emergency response, intended to be used to ensure the safety and security of the school.
(3) This subsection shall not apply to law enforcement activities associated with the operation of, or planning or training for, school safety and security or emergency response.
(4) This subsection shall not apply to news coverage of an emergency.
c. The chief law enforcement officer or Superintendent of State Police shall notify the appropriate superintendent of schools of the school district or the chief school administrator of the non-public school if written permission is granted.
d. Nothing in this section shall preclude an indictment and conviction for any other offense defined by the laws of this State.
5. A person is guilty of a crime of the fourth degree if he:
a. (1) Purposely or knowingly stops, impedes, redirects, or otherwise interferes with an established route, operation, or function of a school bus, van, or transportation vehicle engaged in the transportation of children to or from school or a school-sponsored event; or
(2) Knowing he is not licensed or privileged to do so, enters an occupied school bus without the consent of the school bus driver or authorized school representative.
b. This section shall not apply to the actions of law enforcement or other established emergency road or utility repair crews in response to emergency traffic conditions.
c. Nothing in this section shall preclude an indictment and conviction for any other offense defined by the laws of this State.
6. This act shall take effect immediately.
STATEMENT
This bill, the "School Safety and Security Act," would establish penalties for certain criminal activity related to school safety and security.
Under current law, certain criminal acts committed on school property, or committed against a school official or employee are penalized and in some cases are subject to enhanced penalties. However, there is presently no provision in Title 2C, the Criminal Code, which establishes penalties solely for criminal activity related to school safety and security. The bill would establish certain acts related to school safety and security as crimes of the fourth degree.
Under subsection a. of section 3 of the bill, an actor would be guilty of a crime of the fourth degree if he purposely or knowingly enters or remains on school property after having been advised by written or verbal communication, a posting, or other reasonable efforts have been made by the school district or non-public school or any other authorized person to notify the actor that he is not licensed or privileged to do so; or having entered school property, provides false information, name, or identification to any authorized person requesting such information; or assists another to enter school property by ignoring, circumventing, or bypassing any direction, policy, or device specifically designed to identify, authorize or otherwise screen visitors entering the school property after having been advised by written or verbal communication, posting, or other reasonable efforts to advise the actor of such direction, policy, or device; or assists another to enter school property by defeating any security measure or device specifically designed to prevent unauthorized access.
A person would be guilty of a crime of the fourth degree under subsection b. of section 3 of the bill if he purposely or knowingly activates, uses, or tampers with any device utilized, designed, or intended to announce or communicate a crime or emergency, or to initiate a school safety and security plan, non-fire evacuation, lockdown, lock-in, or other security-related response knowing that there is no such crime or emergency and that it is likely to initiate a school safety and security plan, a lockdown, lock-in, or other security-related plan or emergency response.
Under subsection c. of section 3 of the bill, a person would be guilty of a crime of the fourth degree if he purposely or knowingly damages or tampers with any device, instrument, sign, or system used to monitor or manage the security of a school.
Under subsection d. of section 3 of the bill, a person would be guilty of a crime of the fourth degree if he purposely or knowingly interferes with, obstructs, or impedes implementation of an activated school safety and security plan or any security protocol, function or drill, intended to provide an emergency response from the school district or non-public school, employee, administrator, or any other authorized person, or to notify and elicit a response from security personnel or law enforcement.
A person would be guilty of a crime of the fourth degree under subsection e. of section 3 of the bill if, with purpose to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he engages in criminal, alarming or threatening behavior; and causes any school district or non-public school, employee, administrator, law enforcement officer, or any other authorized person to initiate, activate, communicate, or otherwise begin protocol pursuant to a school safety and security plan, non-fire evacuation, drill, lockdown, lock-in, or other security-related plan or emergency response, or to notify and elicit a response from security personnel or law enforcement.
Pursuant to section 4 of the bill, all information related to plans, locations, diagrams, procedures, drills, or other activity that is part of an established school safety and security plan or other security-related plan or emergency response intended to be used to ensure the safety and security of a school would not be made available to any individual or institution except law enforcement officials; school board members; employees of the school district or non-public school; and any other person or entity otherwise provided by law.
A person would be guilty of a crime of the fourth degree if he purposely or knowingly, without the express written permission of the superintendent of schools of the school district or the chief school administrator of the non-public school, or the chief law enforcement officer of the municipality in which the school is located or, if the municipality does not have a local police force, the Superintendent of State Police, films, records, or otherwise documents procedures, drills, or activity that is part of an established school safety and security plan, or other security-related plan or emergency response; or posts any information, video, or procedures on the Internet, social media, or makes public any plans, locations, diagrams, or procedures pursuant to an established school safety and security plan, or other security-related plan or emergency response, intended to be used to ensure the safety and security of the school. The chief law enforcement officer or Superintendent of State Police would be required to notify the appropriate superintendent of schools of the school district or the chief school administrator of the non-public school if written permission is granted. This subsection would not apply to law enforcement activities associated with the operation of, or planning or training for, school safety and security or emergency responsiveness, or to news coverage of an emergency.
Under subsection a. of section 5 of the bill, a person would be guilty of a crime of the fourth degree if he purposely or knowingly stops, impedes, redirects, or otherwise interferes with an established route, operation, or function of a school bus, van, or transportation vehicle engaged in the transportation of children to or from school or a school-sponsored event.
Pursuant to subsection b. of section 5 of the bill, a person who, knowing he is not licensed or privileged to do so, enters an occupied school bus without the consent of the school bus driver or authorized school representative would be guilty of a crime of the fourth degree. This section would not apply to the actions of law enforcement or other established emergency road or utility repair crews in response to emergency traffic conditions.
The bill provides that nothing in the bill would preclude an indictment and conviction for any other offense defined by the laws of this State.
For the purposes of the bill "school district" would mean any local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes. "School safety and security plan" would mean the comprehensive plans, procedures, and mechanisms developed by each school district that provide for safety and security in the school district's public elementary and secondary schools and which provide for, at a minimum, the protection of the health, safety, security and welfare of the school population; the prevention of, intervention in, response to and recovery from emergency and crisis situations.
The bill would take effect immediately.
