II

105TH CONGRESS

2D SESSION S. 2169

To encourage States to require a holding period for any student expelled

for bringing a gun to school.

IN THE SENATE OF THE UNITED STATES

JUNE 12, 1998

Mr. WYDEN (for himself and Mr. SMITH of Oregon) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To encourage States to require a holding period for any

student expelled for bringing a gun to school.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. HOLDING PERIOD FOR STUDENTS BRINGING A

4 GUN TO SCHOOL.

5 (a) IN GENERAL.—Notwithstanding section 222 of

6 the Juvenile Justice and Delinquency Prevention Act of

7 1974 (42 U.S.C. 5632) or any other provision of law, for

8 fiscal year 2000 and each fiscal year thereafter, the

9 amount that would otherwise be allocated to a State under

10 that section for a fiscal year shall be increased by 25 per-
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•S 2169 IS

1 cent, if the State has in effect a State law described in

2 subsection (b) by not later than the first day of that fiscal

3 year. Any additional amount made available to a State

4 under this subsection may be used by the State for preven5 tion and intervention programs related to school violence.

6 (b) STATE LAW DESCRIBED.—A State law is de7 scribed in this subsection if it requires that—

8 (1) any administrator or employee of a public

9 or private school who has reasonable cause to believe

10 that a student is or has been in possession of a fire11 arm while in or on the premises of a school building

12 in violation of Federal or State law, shall imme13 diately report the student’s conduct to an appro14 priate law enforcement agency and to an appropriate

15 juvenile department or agency of the State;

16 (2) upon receipt of a report under paragraph

17 (1), the appropriate law enforcement agency shall

18 immediately cause an investigation to be made to de19 termine whether there is probable cause to believe

20 that the student, while in or on the premises of a

21 public building, possessed a firearm in violation of

22 Federal or State law;

23 (3) if a determination of probable cause is made

24 under paragraph (2)—
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•S 2169 IS

1 (A) the student shall immediately be de2 tained by the appropriate law enforcement

3 agency for not more than 72 hours in an appro4 priate juvenile justice setting for purposes of

5 psychological evaluation and for a judicial de6 termination (pursuant to a hearing) regarding

7 whether the student is a danger to himself or

8 herself or to others; and

9 (B) a parent, guardian, or other adult with

10 responsibility for the student shall be notified of

11 that detention and the purposes of that deten12 tion; and

13 (4) if the court makes a determination under

14 paragraph (3)(A) that the student is a danger to

15 himself or herself or others, the student shall be

16 placed in an appropriate juvenile justice setting to

17 receive professional psychological counseling.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated such sums as may be

20 necessary to carry out this section.

Æ