NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 09-237
      
      
      BY SENATOR(S) Lundberg, Harvey, Schultheis, Cadman, Brophy, Isgar,
      King K., Kopp, Mitchell, Penry, Renfroe, Romer, Scheffel, Tochtrop,
      White, Boyd, Carroll M., Gibbs, Morse, Williams;
      also REPRESENTATIVE(S) Acree, McNulty, Balmer, Gardner C., Green,
      Kerr A., Kerr J., King S., Labuda, Lambert, Liston, Looper, Massey,
      Nikkel, Priola, Roberts, Ryden, Schafer S., Sonnenberg, Stephens,
      Summers, Tipton, Todd, Vigil, Carroll T.
      
      
      Concerning grounds for mandatory expulsion from a public
           school.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  22-33-106 (1) (d) (II) (A), Colorado Revised Statutes,
      is amended to read:
      
           22-33-106.  Grounds for suspension, expulsion, and denial of
      admission.  (1)  The following shall be grounds for suspension or expulsion
      of a child from a public school during a school year:
      
           (d) (II)  As used in this paragraph (d), "dangerous weapon" means:
      
           (A)  A firearm, whether loaded or unloaded; or a firearm facsimile
      that could reasonably be mistaken for an actual firearm;
      
           SECTION 2.  22-33-106 (1), Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW PARAGRAPH to read:
      
           22-33-106.  Grounds for suspension, expulsion, and denial of
      admission.  (1)  The following shall be grounds for suspension or expulsion
      of a child from a public school during a school year:
      
           (f)  Carrying, using, actively displaying, or threatening with
      the use of a firearm facsimile that could reasonably be mistaken
      for an actual firearm in a school building or in or on school
      property.  Each school district shall develop a policy that shall
      authorize a student to carry, bring, use, or possess a firearm
      facsimile on school property for either a school-related or a
      nonschool-related activity.  Such policy shall also consider
      student violations under this section on a case-by-case basis using
      the individual facts and circumstances to determine whether
      suspension, expulsion, or any other disciplinary action, if any, is
      necessary.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Peter C. Groff                    Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO