*Sponsorship has changed since the bill was introduced
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REFERENCE TITLE: safety; school procedures; criminal classification |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 4109 |
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*Introduced by Representatives Hernandez L: Fink, Gillette, Heap, Hernandez A, Hernandez C, Luna-Nájera, Martinez, Rivero, Tsosie, Volk
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AN ACT
amending title 15, chapter 1, article 5, Arizona Revised Statutes, by adding section 15-160.05; RELATING to school safety requirements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 15-160.05, to read:
15-160.05. Public safety policy; school districts; requirements; notifications; violations; classification; definitions
A. Each school district governing board shall adopt a public safety policy that:
1. Clearly prescribes public safety procedures and protocols.
2. Designates the school district superintendent as the administrator who is responsible for implementing the public safety policy.
3. Requires the school district superintendent to do all of the following:
(a) Notify students' parents, school employees and the community of any incident involving a threat to public safety, life-threatening violence or a threat of life-threatening violence that occurs in connection with the school district.
(b) Immediately notify a law enforcement officer if the school district superintendent is notified of or personally observes an incident involving life-threatening violence, a threat of life-threatening violence or a threat of violence involving a deadly weapon or dangerous instrument. This subdivision does not limit or preclude the reporting by a school district or an employee of a school district of a suspected crime pursuant to section 15-341, subsection A, paragraph 30 or school district policies.
(c) Confiscate a dangerous instrument or deadly weapon that is possessed by any person on school property in violation of school policies or that is used in connection with an incident described in subdivision (a) or (b) of this paragraph until a law enforcement officer is able to take custody of the dangerous instrument or deadly weapon.
(d) Notify a law enforcement officer that the school district superintendent confiscated a dangerous instrument or deadly weapon pursuant to subdivision (c) of this paragraph as soon as practicable following the confiscation.
B. A school district may not take any retaliatory action against an employee, a student's parent, a student, an agent of this state or any other person for reporting a violation of this section.
C. A school district superintendent who violates the requirements prescribed in subsection A, paragraph 3 of this section:
1. Is guilty of a class 6 felony if the violation does not result in physical injury.
2. Is guilty of a class 4 felony if the violation results in physical injury.
D. If a school district governing board fails to adopt a public safety policy that meets the requirements prescribed by subsection A of this section or if the school district governing board or any employee of the school district violates subsection B of this section, each member of the school district governing board:
1. is guilty of a class 6 felony if the violation does not result in physical injury.
2. Is guilty of a class 4 felony if the violation results in physical injury.
E. For the purposes of this section, "dangerous instrument" and "deadly weapon" have the same meanings prescribed in section 13-105.