2022 -- H 7806

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LC004861

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS -- EDUCATION -- HEALTH AND

SAFETY OF PUPILS

     Introduced By: Representatives Cardillo, Chippendale, Perez, and O'Brien

     Date Introduced: March 03, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-47-60 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

     11-47-60. Possession of firearms on school grounds.

     (a)(1) No person shall have in his or her possession any firearm or other weapons on school

grounds.

     (2) For the purposes of this section, "school grounds" means the property of a public or

private elementary or secondary school or in those portions of any building, stadium, or other

structure on school grounds that were, at the time of the violation, being used for an activity

sponsored by or through a school in this state or while riding school-provided transportation.

     (3) Every person violating the provisions of this section shall, upon conviction, be

sentenced to imprisonment for not less than one year nor more than five (5) years, or shall be fined

not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).

     (4) Any juvenile adjudicated delinquent pursuant to this statute shall, in addition to

whatever other penalties are imposed by the family court, lose his or her license to operate a motor

vehicle for up to six (6) months. If the juvenile has not yet obtained the necessary age to obtain a

license, the court may impose as part of its sentence a delay in his or her right to obtain the license

when eligible to do so, for a period of up to six (6) months.

     (b) The provisions of this section shall not apply to any person who shall be exempt

pursuant to the provisions of § §§ 11-47-9, 11-47-11 and 11-47-18, subject to subsection (d) of this

section who is a "peace officer" as defined in § 12-7-21; a retired law enforcement officer permitted

under § 11-47-18(b) or pursuant to 18 U.S.C. §§ 926B and 926C; or an individual in accordance

with a contract entered into between a school and the individual or an employer of the individual

to provide security services to the school; or to the following activities when the activities are

officially recognized and sanctioned by the educational institution:

     (1) Firearm instruction and/or safety courses;

     (2) Government-sponsored military-related programs such as ROTC;

     (3) Interscholastic shooting and/or marksmanship events;

     (4) Military history and firearms collection courses and/or programs; and

     (5) The use of blank guns in theatrical and/or athletic events.

     (c) The provisions of this section shall not apply to colleges, universities, or junior colleges.

     (d) The provisions of this section shall not apply to the possession of a firearm that is not

loaded and is in a locked container or a locked rack that is in a motor vehicle. A person licensed

pursuant to §§ 11-47-11 or 11-47-18 shall, if he or she has attended the one hour active shooter

training program, and complied with the provisions of subsection (e) of this section, be authorized

to have in their possession any firearm or other weapons on school grounds pursuant to this chapter.

The substance of the course shall be developed and run by the Rhode Island state police and local

police departments. The program shall be developed and made available within six (6) months of

the effective date of this subsection and:

     (1) The active shooter training program shall be administered by the Rhode Island state

police, local police departments and/or NRA certified range safety officers;

     (2) The active shooter training program instructor shall issue a certificate of attendance

which shall be valid for the four (4) year period upon issuance of a concealed carry permit or any

remaining time on an issued concealed carry weapons permit; and

     (3) The active shooter program shall not contain a live fire requirement.

     (e) Any person who has completed the active shooter training program shall, before

entering upon any school grounds, notify the police department in the city or town in which the

school is located.

     (f) The prohibition of subsection (a) of this section shall not apply to any person licensed

pursuant to §§ 11-47-11 or 11-47-18, who has not complied with subsection (e) of this section;

provided that, the person does not exit their vehicle for any extended period of time while on school

grounds.

     SECTION 2. Section 16-21-23 of the General Laws in Chapter 16-21 entitled "Health and

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Safety of Pupils" is hereby amended to read as follows:

     16-21-23. School safety teams, school crisis response teams, and school safety

assessments.

     (a) Each school district of each town, city, and regional school department shall conduct a

school safety assessment in conjunction with local police, fire, school safety team pursuant to the

provisions of this section and any other expert said school department deems necessary. The

assessment shall examine the current status of each school building's safety and shall be performed

within thirty (30) days of passage of this act, and every three (3) years thereafter.

     (1) There shall be a Rhode Island school safety committee whose functions shall include,

but not be limited to, providing training to law enforcement, school administrators, and teachers;

collecting and reviewing all hazard safety security assessments; and offering recommendations and

assistance to each school district of every town, city, and regional school department, in an effort

to increase the safety of students and faculty. The committee shall be comprised of twelve (12)

members as follows: the superintendent of the Rhode Island state police or designee, who shall

serve as chairperson of the committee; the president of the Police Chiefs' Association, or designee;

the director of the Rhode Island emergency management agency, or designee; the commissioner of

the department of elementary and secondary education, or designee; a representative from the

Rhode Island School Superintendents' Association, to be selected by the association; the director

of the department of behavioral healthcare, developmental disabilities and hospitals, or designee;

the state fire marshal, or designee; a representative of the Rhode Island Association of School

Maintenance Directors, to be selected by the association; a representative from the Rhode Island

Association of School Principals, to be selected by the association; a representative from the Rhode

Island Association of School Committees, to be selected by the association; a representative from

the National Education Association of Rhode Island ("NEARI"), who shall be a full-time classroom

teacher, to be selected by the president of NEARI; and one representative from the Rhode Island

Federation of Teachers and Health Professionals ("RIFTHP"), who shall be a full-time classroom

teacher, to be selected by the president of the RIFTHP.

     (2) Each school department of each town, city, and regional school district shall complete

the emergency action plan and shall submit the all hazards site safety survey report to the Rhode

Island school safety committee every three (3) years for the committee's review and

recommendation.

     (3) The assessment shall be completed by November 1 of the year mandated, and by

December 31 of that year, the commissioner of elementary and secondary education shall report to

the speaker of the house, the senate president, and the governor that the assessments have been

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completed. Assessments performed within a year of the date of passage of this act shall satisfy this

requirement.

     (4) All meetings regarding the school safety assessment are not subject to the open

meetings law pursuant to chapter 46 of title 42, and documents produced including, but not limited

to, meeting minutes and the school safety assessment are not subject to the access to public records

law pursuant to chapter 2 of title 38.

     (b) The school committee of each town, city, and regional school department shall review

and adopt in executive session a comprehensive school safety plan regarding crisis intervention,

emergency response, and management. The plan shall be developed by a school safety team

comprised of representatives of the school committee; representatives of student, teacher, and

parent organizations; school safety personnel; school administration; and members of local law

enforcement, fire, and emergency personnel. Members of the school safety team shall be appointed

by the school committee and/or school superintendent of the town, city, or regional school district.

In creating the school safety plan, the school safety team(s) shall consult the model school safety

plan developed by the department of elementary and secondary education pursuant to § 16-21-23.1.

     (c) The school crisis response team shall be comprised of those selected school personnel

willing to serve as members of a psychological response team to address the psychological and

emotional needs of the school community, and may seek mental health resources from the

department of elementary and secondary education. Members of the school crisis response team

may coordinate mental health services for those students and school employees affected by acts of

violence in the schools, using resources available through the department of elementary and

secondary education.

     (d) There shall be established a Rhode Island school security committee (security

committee) whose principal function shall include, but not be limited to, developing, implementing

and reporting to the general assembly by January 31 of each year, school security measures. The

security committee shall facilitate providing armed security personnel and security for all

kindergarten through grade twelve (K-12) schools along with additional security devices and plans.

     (1) The security committee shall be comprised of fourteen (14) members as follows: the

superintendent of the Rhode Island state police or designee, who shall serve as chairperson of the

committee; the president of the Rhode Island Police Chief’s association, or designee; the director

of the Rhode Island emergency management agency, or designee; the commissioner of the

department of elementary and secondary education, or designee; a representative from the Rhode

Island Superintendent’s Association, to be selected by the association; the director of the

department of behavioral healthcare, developmental disabilities and hospitals or designee; the state

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fire marshal, or designee; a representative of the Rhode Island Association of School Maintenance

Directors, to be selected by the association; a representative from the Rhode Island Association of

School Principals, to be selected by the association; a representative from the Rhode Island

Association of School Committees, to be selected by the association; a representative from the

National Education Association of Rhode Island (NEARI), who shall be a full-time classroom

teacher, to be selected by president of the NEARI; and one representative from the Rhode Island

Federation of Teachers And Health Professionals (RIFTHP), who shall be a full-time classroom

teacher, to be selected by the president of the RIFTHP; and two (2) representatives from the

firearms community chosen by the national rifle association’s state association (NRARI).

     (2) The security committee shall report on the creation and implementation of a five (5)

year plan which shall include the following security measures:

     (i) The limiting and securing of primary access to all school facilities, including, but not

limited to, employee, visitor and student identification cards, bullet resistant film and/or glass, and

surveillance and camera systems; and

     (ii) Secondary classroom security measures, including, but not limited to, breach resistant

doors and devices, ballistic film and/or glass and alarm systems.

     (3) The security committee shall coordinate with the Rhode Island sheriff’s department,

Rhode Island capitol police, the state police, the national guard and local law enforcement to

develop a schedule for armed security coverage for the schools.

     (4) The security committee shall meet every three (3) months and shall report to the general

assembly every January 31, and provide the additional cost per-year to add additional armed

security.

     (5) The cost of the security shall be divided between the State of Rhode Island and the

cities' and towns' school committees.

     (6) An individual with a valid concealed carry weapons permit, shall before entering a

school facility building, communicate to the local police department that he or she is in possession

of a firearm.

     (e) Any licensed person who is not a peace officer pursuant to § 12-7-21 and fails to

communicate with the local police department as provided in subsection (d)(6) of this section shall

be in violation of § 11-47-60(a).

     (f) Any meetings regarding the security committee shall not be subject to chapter 46 of title

42 ("open meetings"), and documents produced, including, but not limited to, meeting minutes and

school security measures shall not be subject to chapter 2 of title 38 ("access to public records").

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS -- EDUCATION -- HEALTH AND

SAFETY OF PUPILS

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     This act would establish a fourteen (14) member school security committee to formulate

and administer increased school security measures, including facilitating armed security personnel,

providing security doors, bullet resistant windows and formulating a budget for the security

measures which shall be submitted to the general assembly each year. It would also establish a

program to be administered by the state and local police for active shooter training and provide

exemptions for those who have completed the program to enter upon school property, provided

they have given notice to the local police department.

     This act would take effect upon passage.

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