2015 -- S 0086

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LC000170

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     

     Introduced By: Senator William A. Walaska

     Date Introduced: January 22, 2015

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

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hereby amended by adding thereto the following section:

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     16-21-35. Child imagination and play protection act. – (a) The legislature hereby finds

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and declares as follows:

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     (1) That a healthy imagination and play are crucial to a child's proper social and mental

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development, and such play should not be unnecessarily stifled or discouraged;

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     (2) That various toys are readily available which may resemble firearms, but cannot be

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mistaken for an actual firearm by any reasonable person exercising reasonable judgment; and

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     (3) That the imagination of children may prompt them to create their own toys out of

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common everyday objects, and said toys may also resemble a firearm, but cannot be mistaken for

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an actual firearm by any reasonable person exercising reasonable judgment.

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     (b) It shall be unlawful for any school administrator or government official to invoke or

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impose any disciplinary action against any child solely for possession or engaging in imaginary

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play with any such toy which may resemble a firearm but cannot be mistaken for an actual

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firearm by any reasonable person exercising reasonable judgment.

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     (c) The burden of proof that such a toy could be mistaken for an actual firearm shall be

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on the school administrator or other government official.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

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     This act would prevent the disciplining of a school child for possession of a toy gun

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unless a reasonable person could mistake the toy for a real gun.

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     This act would take effect upon passage.

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