ON APRIL 6, 2023, THE HOUSE ADOPTED AMENDMENT # 1 AND PASSED HOUSE BILL 1016, AS AMENDED.
AMENDMENT #1 rewrites this bill to make various changes to the present law relative to the offense of communicating a threat concerning a school employee. Under present law, a person commits the offense if:
(1) The person communicates to another a threat to cause the death of or serious bodily injury to a school employee and the threat is directly related to the employee's scope of employment;
(2) The threat involves the use of a firearm or other deadly weapon;
(3) The person to whom the threat is made reasonably believes that the person making the threat intends to carry out the threat; and
(4) The person making the threat intentionally engages in conduct that constitutes a substantial step in the commission of the threatened act and the threatened act and the substantial step, when taken together, are corroborative of the person's intent to commit the threatened act, and occur close enough in time to evidence an intent and ability to commit the threatened act.
Present law establishes this offense as a Class B misdemeanor, punishable by a maximum term of imprisonment of 30 days.
Present law defines a "school" as an elementary school, middle school, or high school; college or applied technology or postsecondary vocational or technical school; or two-year or four-year college or university.
This amendment adds a student as a person protected under this law, providing that a person commits the offense of communicating a threat concerning a school student if the person communicates to another a threat to cause the death or serious bodily harm to a student on school property or at a school-related activity. This amendment defines "school property" as a school building or bus, school campus or grounds, recreational area, athletic field, or other property owned, used or operated by an LEA, private school board of trustees, or directors for the administration of any school.
ON APRIL 9, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1016 FOR SENATE BILL 1501, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1016, AS AMENDED.
AMENDMENT #2 changes the effective date to July 1, 2024.
Statutes affected: Introduced: 49-6-810