HB 129 — SCHOOL SECURITY PERSONNEL & DEADLY WEAPONS

Prior to armed school security personnel being t e w d m a n o allowed to carry firearms authorized by local school board d m :

b e d s º o t n = .213198.7 s k m e - 4 - e a n e d r e l u [ A d policy, the armed school security personnel must successfully pass a physical and psychological evaluation as prescribed by the department to determine suitability to carry a firearm.

The school district shall pay the cost of the physical and psychological evaluations for current and potential armed school security personnel.

E.

The department shall approve one or more nationally recognized armed school security personnel training programs that must include cultural competency and prohibited profiling practices."»SJC SflºSJCºSECTION 3.

"[NEW"SCHOOL MATERIAL] SCHOOL SECURITY PERSONNEL--DEFINITIONS--PERSONNEL--DEFINITIONS--REQUIRED REQUIRED TRAINING.-- A.

(2) "local school board" includes governing h g bodies of charter schools;

o t hr (3) "school district" includes charter g e i k schools;

h r i s h (4) "school premises" means:

, t, e u g (a) the buildings and grounds, including e b l e e h playgrounds, playing fields and parking areas, and any school n d d i = = o h bus of a public school, whether owned by the school district or l ] b ,d i a º e r i = r under contract, in or on which school or school-related t e w d m a n o activities are being conducted under the supervision of the dlocal mschool :board;

b e d s º o t n = .213198.7 s k m e - 5 - e a n e d r e l u [ A d HJC/HB 129 local school board;

and HJC/HB 129/a Page 2 (5) "school security personnel" means retired or former certified and commissioned law enforcement officers who are employed by a school district and authorized by department rules and local school board policy to carry a firearm on school premises.

(1) the applicability of Paragraph (1) or (3) h of Subsection A of Section 28-2-4 NMSA 1978 for criminal u » r t h offenders;

g e l i (2) the commitment of a felony;

a misdemeanor h r i s involving moral turpitude that has bearing on the job of school h , e h t u g security personnel;

orformal misconductdiscipline orfor crimesthe thatuse includeof eexcessive bforce; l e e , gh inappropriate touching, sexual harassment, sexual assault, n d d i = = o h sexual abuse, discrimination, behavior intended to induce a l ] b ,d i a º r e r = child into engaging in illegal, immoral or other prohibited t e w d m a n o behavior, crimes against children and dependents or sexual d m :

bor rmisconduct eor tcrimes ºthat oinclude tinappropriate ntouching, =sexual .213198.7harassment, ssexual kassault, msexual eabuse, -discrimination, 6behavior -intended eto induce a nchild einto dengaging rin eillegal, limmoral uor [other Aprohibited dbehavior, crimes against children and dependents or sexual exploitation of children;

Prior to an offer of employment, the school district shall require for each potential school security HJC/HB 129/a Page 3 personnel:

School security personnel shall not perform any other job in the school district, by title or duty, other than h g school security while carrying a firearm.

o t hr F.

Prior to school security personnel being allowed g e i k to carry firearms authorized by department rules and local h r i s h school board policy, the school security personnel must , t, e u g successfully pass a physical and psychological evaluation as e b l e e h prescribed by the department in consultation with the public n d d i = = o h school insurance authority to determine suitability to carry a l ] b ,d i a º e r i = r firearm.

The school district shall pay the cost of the t e w d m a n o physical and psychological evaluations for current and d m :

b e d s º o t n = .213198.7 s k m e - 7 - e a n e d r e l u [ A d HJC/HB 129 potential school security personnel.

G.

The department and the public school insurance authority shall approve one or more school security personnel and firearms training programs.

Approved programs must include working with students with special needs, cultural competency and prohibited profiling practices.

The department of public safety shall make recommendations for firearms training."»SJC»Sfl SflºSECTION 3.

A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] SCHOOL SECURITY PERSONNEL--DEFINITIONS-- REQUIRED TRAINING.-- A.

As used in this section:

(1) "firearm" means a handgun recommended by the department of public safety and authorized by the public school insurance authority;

h g (2) "local school board" includes governing o t hr bodies of charter schools;

g e i k (3) "school district" includes charter h r i s h schools;

, t, e u g (4) "school premises" means:

e b l e e h (a) the buildings and grounds, including n d d i = = o h l ] b ,d playgrounds, playing fields and parking areas, and any school i a º e r i = r bus of a public school, whether owned by the school district or t e w d m a n o under contract, in or on which school or school-related d m :

b e d s º o t n = .213198.7 s k m e - 8 - e a n e d r e l u [ A d activities are being conducted under the supervision of the local school board;

or (b) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which school-related and school-sanctioned activities are being performed;

and (5) "school security personnel" means retired or former certified and commissioned law enforcement officers who are employed by a school district and authorized by department rules and local school board policy to carry a firearm on school premises.

B.

The department shall promulgate rules to carry out the purposes of this section.

C.

The department shall promulgate rules pertaining to persons who are prohibited from employment as school security personnel, including:

(1) the applicability of Paragraph (1) or (3) of Subsection A of Section 28-2-4 NMSA 1978 for criminal offenders;

h g (2) the commitment of a felony;

a misdemeanor o t hr involving moral turpitude that has bearing on the job of school g e i k security personnel;

formal discipline for the use of excessive h r i s h force;

or misconduct or crimes that include inappropriate , t, e u g touching, sexual harassment, sexual assault, sexual abuse, e b l e e h discrimination, behavior intended to induce a child into n d d i = = o h engaging in illegal, immoral or other prohibited behavior, l ] b ,d i a º e r i = r crimes against children and dependents or sexual exploitation t e w d m a n o of children;

and d m :

b e d s º o t n = .213198.7 s k m e - 9 - e a n e d r e l u [ A d HJC/HB 129 (3) negligent or illegal use of a firearm.

D.

Prior to an offer of employment, the school district shall require for each potential school security personnel:

(1) proof that the retired or former law enforcement officer was certified and commissioned for no less than three years and left law enforcement in good standing;

(2) successful completion of school security personnel training;

(3) proof of up-to-date firearms training;

(4) a background check that indicates the person has not been convicted of a crime or engaged in behavior that violates the School Personnel Act;

and (5) any other conditions required by law, department rule or school district policy.

h g E.

School security personnel shall not perform any o t hr other job in the school district, by title or duty, other than g e i k school security while carrying a firearm.

h r i s h F.

Prior to school security personnel being allowed , t, e u g to carry firearms authorized by department rules and local e b l e e h school board policy, the school security personnel must n d d i = = o h l ] b ,d successfully pass a physical and psychological evaluation as i a º e r i = r prescribed by the department in consultation with the public t e w d m a n o school insurance authority to determine suitability to carry a d m :

b e d s º o t n = .213198.7 s k m e - 10 - e a n e d r e l u [ A d firearm.

HJC/HB 129/a Page 4 G.

The department of public safety shall make recommendations for firearms training."»Sfltraining." SECTION 4.

[NEW MATERIAL ] CONSTRUCTION.--Nothing in this 2019 act shall be construed as:

allowing an armed school security personnel to carry SJCºafirearms firearm »SJC SJCºfirearms»SJC on school premises if doing so would be a violation of state or federal law;

SJCºSECTIONSECTION 5.

EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.»SJC2020. - 11 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

bHJC/HB r129/a ePage t5 º25 o t n = .213198.7 s k m e e a n e d r e l u [ A d