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HB 84 - Weapons prohibited at school; include razor blades

Ray, Robert F (128th)	Porter, DuBose (143rd)	Jamieson, Mary Jeanette (22nd)
Jenkins, Curtis S (110th)	Holland, Ray (157th)

Status Summary	HC:	Ed	SC:	Ed	FR:	01/14/99	LA:	04/22/99	Signed by Governor

First Reader Summary

A BILL to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to prohibitions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, so as to include razor blades within the definition of the term "weapon"; and for other purposes.

Code Sections - 20-2-145/ 20-2-751.4

HB 84                                              HB 84/CSFA 
 
      H. B. No. 84 (COMMITTEE SUBSTITUTE)(AM) 
      By:  Representatives Ray of the 128th, Porter of the 143rd, 
      Jamieson of the 22nd, Jenkins of the 110th, Holland of the 
      157th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To provide for matters relating to school safety and school 
  1- 2  violence; to amend Code Section 16-11-127.1 of the Official 
  1- 3  Code of Georgia Annotated, relating to prohibitions and 
  1- 4  criminal penalties for carrying weapons within school safety 
  1- 5  zones, at school functions, or on school property, so as to 
  1- 6  include razor blades within the definition of the term 
  1- 7  "weapon"; to amend Title 20 of the Official Code of Georgia 
  1- 8  Annotated, relating to education, so as to require that the 
  1- 9  comprehensive character education program developed by the 
  1-10  State Board of Education for elementary and secondary 
  1-11  schools address methods to discourage bullying; to define a 
  1-12  certain term; to require local boards of education to adopt 
  1-13  policies that prohibit bullying of a student by another 
  1-14  student and provide for the assignment of certain students 
  1-15  to alternative schools; to provide for notification of 
  1-16  students and parents of anti-bullying policies; to change 
  1-17  certain provisions applicable to every county having a 
  1-18  population of 100,000 or more according to the United States 
  1-19  decennial census of 1980 or any future such census which 
  1-20  empower a local board of education to authorize certain 
  1-21  school security personnel to carry certain firearms or 
  1-22  weapons and to make such provisions applicable state wide; 
  1-23  to provide for related matters; to provide for an effective 
  1-24  date; to repeal conflicting laws; and for other purposes. 
 
  1-25       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-26                           SECTION 1. 
 
  1-27  Code Section 16-11-127.1 of the Official Code of Georgia 
  1-28  Annotated, relating to prohibitions and criminal penalties 
  1-29  for carrying weapons within school safety zones, at school 
  1-30  functions, or on school property, is amended by striking in 
  1-31  its entirety paragraph (2) of subsection (a) and inserting 
  1-32  in lieu thereof a new paragraph (2) of subsection (a) to 
  1-33  read as follows: 
 
  1-34      "(2) 'Weapon' means and includes any pistol, revolver, 
  1-35      or any weapon designed or intended to propel a missile 
 
 
                                 -1- 
 
 
 
  2- 1      of any kind, or any dirk, bowie knife, switchblade 
  2- 2      knife, ballistic knife, any other knife having a blade 
  2- 3      of two or more inches, straight-edge razor, razor blade, 
  2- 4      spring stick, metal knucks, blackjack, any bat, club, or 
  2- 5      other bludgeon-type weapon, or any flailing instrument 
  2- 6      consisting of two or more rigid parts connected in such 
  2- 7      a manner as to allow them to swing freely, which may be 
  2- 8      known as a nun chahka, nun chuck, nunchaku, shuriken, or 
  2- 9      fighting chain, or any disc, of whatever configuration, 
  2-10      having at least two points or pointed blades which is 
  2-11      designed to be thrown or propelled and which may be 
  2-12      known as a throwing star or oriental dart, or any weapon 
  2-13      of like kind, and any stun gun or taser as defined in 
  2-14      subsection (a) of Code Section 16-11-106.  This section 
  2-15      excludes any of these instruments used for classroom 
  2-16      work authorized by the teacher." 
 
  2-17                           SECTION 2. 
 
  2-18  Title 20 of the Official Code of Georgia Annotated, relating 
  2-19  to education, is amended by striking in its entirety Code 
  2-20  Section 20-2-145, relating to the comprehensive character 
  2-21  education program for elementary and secondary schools, and 
  2-22  inserting in lieu thereof a new Code Section 20-2-145 to 
  2-23  read as follows: 
 
  2-24    "20-2-145. 
 
  2-25    The State Board of Education shall develop by the start of 
  2-26    the 1997-1998 school year a comprehensive character 
  2-27    education program for levels K-12. This comprehensive 
  2-28    character education program shall be known as the 
  2-29    'character curriculum' and shall focus on the students' 
  2-30    development of the following character traits: courage, 
  2-31    patriotism, citizenship, honesty, fairness, respect for 
  2-32    others, kindness, cooperation, self-respect, self-control, 
  2-33    courtesy, compassion, tolerance, diligence, generosity, 
  2-34    punctuality, cleanliness, cheerfulness, school pride, 
  2-35    respect for the environment, respect for the creator, 
  2-36    patience, creativity, sportsmanship, loyalty, 
  2-37    perseverance, and virtue.  Such program shall also 
  2-38    address, by the start of the 1999-2000 school year, 
  2-39    methods of discouraging bullying and violent acts against 
  2-40    fellow students. Local boards may implement such a program 
  2-41    at any time and for any grade levels, and the state board 
  2-42    shall encourage the implementation of such plan." 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 3. 
 
  3- 2  Said title is further amended in Subpart 2 of Part 2 of 
  3- 3  Article 16 of Chapter 2, relating to public school 
  3- 4  disciplinary tribunals, by adding a new Code Section 
  3- 5  20-2-751.4 to read as follows: 
 
  3- 6    "20-2-751.4. 
 
  3- 7    (a) As used in this Code section, the term 'bullying' 
  3- 8    means: 
 
  3- 9      (1) Any willful attempt or threat to inflict injury on 
  3-10      another person, when accompanied by an apparent present 
  3-11      ability to do so; or 
 
  3-12      (2) Any intentional display of force such as would give 
  3-13      the victim reason to fear or expect immediate bodily 
  3-14      harm. 
 
  3-15    (b) Each local board of education shall adopt policies, 
  3-16    applicable to students in grades six through 12, that 
  3-17    prohibit bullying of a student by another student and 
  3-18    shall require such prohibition to be included in the 
  3-19    student code of conduct for middle and high schools in 
  3-20    that school system. Local board policies shall require 
  3-21    that, upon a finding that a student has committed the 
  3-22    offense of bullying for the third time in a school year, 
  3-23    such student shall be assigned to an alternative school. 
  3-24    Each local board of education shall ensure that students 
  3-25    and parents of students are notified of the prohibition 
  3-26    against bullying, and the penalties for violating the 
  3-27    prohibition, by posting such information at each middle 
  3-28    and high school and by including such information in 
  3-29    student and parent handbooks. 
 
  3-30    (c) Any school system which is not in compliance with the 
  3-31    requirements of this Code section shall be ineligible to 
  3-32    receive state funding pursuant to Code Sections 20-2-161 
  3-33    and 20-2-260. The requirements of this Code section shall 
  3-34    apply notwithstanding any contrary provision of Code 
  3-35    Section 20-2-751.3." 
 
  3-36                           SECTION 4. 
 
  3-37  Said title is further amended in Code Section 20-8-5, 
  3-38  relating to law enforcement powers of school security 
  3-39  personnel, by striking subsection (d) and inserting in its 
  3-40  place a new subsection (d) to read as follows: 
 
 
 
 
                                 -3- 
 
 
 
  4- 1    "(d) In every county having a population of 100,000 or 
  4- 2    more according to the United States decennial census of 
  4- 3    1980 or any future such census, school School security 
  4- 4    personnel who are certified by the Georgia Peace Officer 
  4- 5    Standards and Training Council may be authorized by a 
  4- 6    local board of education to carry a standard issue firearm 
  4- 7    or weapon generally used for law enforcement purposes for 
  4- 8    the purpose of carrying out law enforcement duties." 
 
  4- 9                           SECTION 5. 
 
  4-10  This Act shall become effective on July 1, 1999. 
 
  4-11                           SECTION 6. 
 
  4-12  All laws and parts of laws in conflict with this Act are 
  4-13  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-