HR 1396 IH

To encourage States to require a holding period for any student expelled for bringing a gun to school.

April 4, 2001

Mr. DEFAZIO introduced the following bill; which was referred to the Committee on Education and the Workforce

To encourage States to require a holding period for any student expelled for bringing a gun to school.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. HOLDING PERIOD FOR STUDENTS BRINGING A GUN TO SCHOOL.

(a) IN GENERAL- Notwithstanding section 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) or any other provision of law, for fiscal year 2002 and each fiscal year thereafter, the amount that would otherwise be allocated to a State under that section for a fiscal year shall be increased for prevention and intervention related to school violence by 25 percent, if the State has in effect a State law described in subsection (b) by not later than the first day of that fiscal year.

(b) STATE LAW DESCRIBED- A State law is described in this subsection if it requires that--

(1) any administrator or employee of a public or private school who has reasonable cause to believe that a student is or has been in possession of a firearm while in or on the premises of a school building in violation of Federal or State law, shall immediately report the student's conduct to an appropriate law enforcement agency and to an appropriate juvenile department or agency of the State;

(2) upon receipt of a report under paragraph (1), the appropriate law enforcement agency shall immediately cause an investigation to be made to determine whether there is probable cause to believe that the student, while in or on the premises of a public building, possessed a firearm in violation of Federal or State law;

(3) if a determination of probable cause is made under paragraph (2)--

(A) the student shall immediately be detained by the appropriate law enforcement agency for not more than 72 hours in an appropriate juvenile justice setting for purposes of psychological evaluation and for a judicial determination (pursuant to a hearing) regarding whether the student is a danger to himself or herself or to others; and

(B) a parent, guardian, or other adult with responsibility for the student shall be notified of that detention and the purposes of that detention; and

(4) if the court makes a determination under paragraph (3)(A) that the student is a danger to himself or herself or others, the student shall be placed in an appropriate juvenile justice setting to receive professional psychological counseling.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section.

END