BY REPRESENTATIVES Swenson, Bacon, Clarke, Dean, Gotlieb, Grampsas, S. Johnson, Mace, Miller, Nichol, Paschall, Pfiffner, Reeser, Spradley, Taylor, Udall, S. Williams, and Young;
also SENATORS Ament, B. Alexander, Arnold, Bishop,
Chlouber, Dennis, Hernandez, Hopper, J. Johnson, Linkhart,
Martinez, Pascoe, Perlmutter, Powers, Rizzuto, Rupert, Schroeder,
Tebedo, Wattenberg, Wells, and Wham.
CONCERNING GROUNDS FOR EXPULSION RELATED TO DANGEROUS
WEAPONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1.
2233106 (1) (d) (II) (A), Colorado Revised Statutes,
is amended, and the said 2233106 (1) (d) is further
amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
2233106. 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;
(III) NOTWITHSTANDING THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH (d), CARRYING, BRINGING, OR
POSSESSING A DANGEROUS WEAPON WITHOUT THE AUTHORIZATION OF THE
SCHOOL OR THE SCHOOL DISTRICT SHALL NOT REQUIRE MANDATORY EXPULSION
IF, WHEN THE STUDENT DISCOVERS THAT HE OR SHE HAS CARRIED, BROUGHT,
OR IS IN POSSESSION OF A DANGEROUS WEAPON, THE STUDENT NOTIFIES
A TEACHER, ADMINISTRATOR, OR OTHER AUTHORIZED PERSON IN THE SCHOOL
DISTRICT AS SOON AS POSSIBLE AND DELIVERS THE DANGEROUS WEAPON
TO THE TEACHER, ADMINISTRATOR, OR OTHER AUTHORIZED PERSON. NOTHING
IN THIS SUBPARAGRAPH (III) SHALL BE CONSTRUED AS PROHIBITING A
SCHOOL DISTRICT FROM EXPELLING A STUDENT UNDER THE CIRCUMSTANCES
SPECIFIED IN THIS SUBPARAGRAPH (III) IF SUCH EXPULSION WOULD BE
IN ACCORDANCE WITH THE SCHOOL DISTRICT'S DISCIPLINE CODE.
SECTION 2.
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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO