HB 157 SCHOOL TEACHERS ON-SITE PROTECTION ACT

Rep Martin R Zamora

Actions: [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 157 (HB 157) enacts the School Teachers Onsite Protection Act. HB 157 requires the Department of Public Safety to conduct employee firearm training and establishes procedures for school employees to be licensed and appointed to carry handguns on school premises. HB 157 adds school employees licensed and appointed to carry a handgun to exceptions to unlawful carrying of a deadly weapon school premises.
 

 House Bill 157 (HB 157) adds a new section of Public School Code as follows:

SECTION 1 provides that Sections 1 through 4 can be cited as School Teachers On-Site Protection Act (Act).

SECTION 2 provides definitions as used in the Act.

SECTION 3 directs the Department of Public Safety (DPS) to establish and maintain a school employee firearm training and licensure program (Program) open to any school employee who holds a license to carry a handgun. The training shall be conducted by DPS staff or a provider approved by the DPS. 

B. The DPS shall collect from each employee who participates in the Program identifying information specified in this subsection.

C. The Program shall include 80 hours of instruction designed to meet the specifications of this subsection..

D. The DPS shall devise and administer a psychological examination to each trainee to determine whether the trainee is psychologically fit to carry out the duties of an appointed school employee in an emergency shooting situation. 

E. The DPS shall charge each trainee a reasonable fee to cover the cost of the Program. 

F. The DPS shall issue a school employee firearm license to a trainee who is eligible for appointment to carry a firearm on school premises if the trainee meets the specifications in this subsection.

G. A school employee firearm license issued or renewed pursuant to the Act shall expire every two years. 

H. A school employee licensed to carry a firearm on school premises may renew a school employee firearm license by meeting the requirements specified in this subsection.

I. The DPS shall revoke a person's school employee firearm license if the person's license to carry a handgun has been suspended or revoked. A person whose school employee firearm license is revoked may obtain recertification as specified in this subsection.

J. For each person issued a school employee firearm license, the DPS shall submit the identifying information collected pursuant to Subsection B of this section to the entities specified in this subsection.

K. The DPS shall immediately report the expiration or revocation of a school employee firearm license to each entity listed in Subsection J of this section. 

L. Information collected or submitted under this section is submitted for security purposes and shall not be disclosed in a request made pursuant to the Inspection of Public Records Act. 

SECTION 4 provides direction for school employee appointment and handgun carrying procedures.

A. The local superintendent of a school district or head administrator of a charter school may appoint one or more school employees to carry handguns for each school campus. 

B. The school may reimburse the amount paid by the appointed school employee to participate in the Program pursuant to the provisions of Section 3 of the Act. 

C. A school that appoints a school employee to carry a handgun on school premises shall enact policies to provide for the safe carrying of a concealed handgun by the school employee that meet the requirements specified in this subsection.

D. A school employee appointed to carry a firearm may carry a concealed handgun or possess a handgun on the physical premises of a school in accordance with the Act provided the employee act in accordance with the policies of the school and shall only carry a concealed handgun at the specific school specified by the superintendent or administrator.

E. A school employee may use a handgun that the school employee is authorized to carry or possess only under circumstances that would justify the use of deadly force pursuant to Section 30-2-7 NMSA 1978. 

F. A school district or charter school employee's status as an appointed school employee to carry a handgun on school premises becomes inactive upon license expiration; suspension or revocation of license; termination of employment. 

G. The identity of a school employee appointed under this section is part of a confidential tactical plan or procedure and shall not be disclosed in a request made pursuant to the Inspection of Public Records Act.

SECTION 5 amends Criminal Offenses Section 30-7-2.1 NMSA 1978 (being Laws 1987, Chapter 232, Section 1, as amended) insert A(4) under the exceptions to the unlawful carrying of a deadly weapon on school premises, which allows a school employee licensed and appointed to carry a handgun on school premises pursuant to the Act.