2022 -- H 8318

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LC006077

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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 EDUCATION -- HEALTH AND SAFETY OF PUPILS-WEAPONS ON

SCHOOL GROUNDS

     Introduced By: Representatives Solomon, Casey, Corvese, Bennett, Hawkins, Casimiro,
Azzinaro, Vella-Wilkinson, Perez, and O'Brien

     Date Introduced: June 03, 2022

     Referred To: House Finance

     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, 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.

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

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 year thereafter, on or before

September 1.

     (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;

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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 year for the committee's review and

recommendation.

     (3) The assessment shall be completed by November September 1 of the each 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 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 as recommended by the safety committee. 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

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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 emergency response committee whose

principal function shall include, but not be limited to, developing and reporting to the Rhode Island

general assembly each January 31, school facility security measures, which shall be presented for

implementation by legislation. This committee shall facilitate providing of armed security

personnel and security for all kindergarten through grade twelve (K-12) schools along with

additional security devices and plans.

     (1) Said committee shall be comprised of eight (8) 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 state fire marshal, or designee; two (2)

representatives from the firearms community with certifications chosen by the NRA state

association.

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

which shall include the following school security measures:

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

limited to, employee, visitor and student ID access cards, bullet resistant film and/or glass, along

with surveillance and camera systems.

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

doors and devices, ballistic film on glass along with alarm systems.

     (iii) The mandating and scheduling of armed police coverage for the schools.

     (3) The committee shall coordinate with the Rhode Island state police and local police

departments to develop a schedule for armed police coverage for the schools.

     (4) The committee shall meet every three (3) months and shall report to the Rhode Island

general assembly, every January 31, the additional cost per year to add additional armed security.

     (5) There shall be included in the state budget a reoccurring yearly sum of five hundred

thousand dollars ($500,000) to be specifically utilized for armed police coverage.

     (i) Any additional armed police coverage costs shall be split between the Rhode Island state

police and the local city or town police department.

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     (6) All meetings regarding the school security committee 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 security measures are not subject to the access to public records

law pursuant to chapter 2 of title 38.

     (e) There shall be established a rapid response team/SWAT team for each city or town

police department, whose principal function shall include, but not be limited to, active shooter

training, sniper training, and securing SWAT team equipment and body armor.

     (1) The rapid response team/SWAT team shall be created and administered by the Rhode

Island state police along with local police departments.

     (2) The rapid response team/SWAT team shall develop active shooter training and

emergency response drills.

     (3) Each local city and town police department rapid response team/SWAT team shall

consist of a minimum of six (6) officers.

     (4) Each local city and town police department shall execute emergency response drills

three (3) times per year.

     (5) There shall be included in the state budget a reoccurring yearly sum of five hundred

thousand dollars ($500,000) to be specifically utilized for the procurement of rapid response

team/SWAT team weapons and equipment, along with training of the officers.

     SECTION 3. This act shall take effect upon passage.

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LC006077

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS-WEAPONS ON

SCHOOL GROUNDS

***

     This act would strengthen school security measures, including the establishment of an eight

(8) member Rhode Island school emergency response committee to develop additional

recommendations for school security measures and requiring an annual school safety assessment

by all school districts. The act would also establish a rapid response team/SWAT team for each city

or town police department, whose principal function shall include, but not be limited to, active

shooter training, sniper training, and securing SWAT team equipment and body armor. The act

would appropriate the annual sums of five hundred thousand dollars ($500,000) for the

strengthening of school security measures as well as the rapid response teams/SWAT teams.

     This act would take effect upon passage.

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LC006077

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