ARIZONA STATE SENATE
Phoenix, Arizona
safe schools act;
revisions
The Safety Answers for Education Commission (SAFE Commission) was created by two Senators in 1999 as a non-partisan, 18-member panel comprised of teachers, parents, students, law enforcement, health professionals, experts in adolescent behavior and others to examine strategies for reducing the risk of school violence statewide. Laws 2000, Chapter 226, known as the Safe Schools Act, addressed several of the SAFE Commission recommendations including the expansion of the crime of interference with or disruption of an educational institution and the requirement that school district governing boards report certain suspected crimes to law enforcement.
During the 2001 interim, members of law enforcement, school representatives, and others participating on a SAFE Commission workgroup recommended Safe Schools Act improvements to the SAFE Commission. The SAFE Commission heard testimony regarding the crime of interference with or disruption of an educational institution and the belief of some people that juveniles are now facing felony charges for what those people believe to be less dangerous conduct. Additionally, the SAFE Commission heard testimony about the scope of the school governing board’s mandated reporting requirements, viewed as too broad by some people because conduct previously considered to be of a routine disciplinary nature now requires reporting under the law. The SAFE Commission adopted the recommendations of the working group. S.B. 1067 is the result of those recommendations.
The fiscal impact of this legislation, if any, is unknown at this time.
1. Limits the scope of activities that can be charged under this section by requiring that an act might reasonably lead to the evacuation or closure of any educational institution property or the postponement, cancellation, or suspension of any class or school activity. However, the legislation does not require actual evacuation, closure, postponement, cancellation or suspension.
2. Clarifies that a person’s mental state must be intentional, knowing, or reckless in order to convict the person of interference with or disruption of an educational institution.
3. Broadens the class of victims to include threats to cause physical injury to any person on the property of the educational institution, not just employees or students.
School
Governing Board Reporting Requirements
4. Modifies requirements to report certain conduct on educational property to local law enforcement agencies by only requiring reporting of suspected crimes involving deadly weapons, dangerous instruments, or serious physical injury or conduct that poses a threat of death or serious physical injury to employees, students or anyone on school property.
Criminal Code Changes
5. Expands the definition of "prohibited weapon" to include chemicals and materials, including dry ice, that are placed in containers for the purpose of generating a gas to cause bursting of the container.
Miscellaneous
6. Contains definitions.
7. Makes technical, clarifying and conforming changes.
8. Provides for a general effective date.
Amendments
Adopted by Education Committee
· Removes the provision that would have permitted possession of a deadly weapon on school grounds to be charged as a class 6 felony without requiring the possession to occur in conjunction with other specified crimes.
Senate Action
JUD 1/29/02 DP 5-3-0-0
ED 2/17/02 DPA 7-1-0-0
Prepared by Senate Staff
February 7, 2002