HOUSE BILL 283
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Stefani Lord
AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING THE SCHOOL MARSHAL ACT; PROVIDING POWERS AND DUTIES; REQUIRING QUALIFICATIONS, TRAINING AND LAW ENFORCEMENT CERTIFICATION; REQUIRING THE NEW MEXICO LAW ENFORCEMENT STANDARDS AND TRAINING COUNCIL TO DEVELOP A SCHOOL MARSHAL TRAINING COURSE; ALLOWING SCHOOL MARSHALS TO CARRY CONCEALED WEAPONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 5 of this act may be cited as the "School Marshal Act"."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the School Marshal Act:
A. "firearm" means a handgun recommended by the department of public safety and authorized by the public school insurance authority;
B. "local school board" includes governing bodies of charter schools;
C. "school district" includes charter schools;
D. "school premises" means:
(1) the buildings and grounds of a public school, including playgrounds, playing fields and parking areas and any school bus of a public school, whether owned by the school district or under contract, in or on which school or school-related or school-sanctioned activities are being conducted; or
(2) 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 conducted; and
E. "school marshal" means a retired or former certified and commissioned law enforcement officer who was certified and commissioned for no less than three years and left law enforcement in good standing and who is employed by a school district."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SCHOOL MARSHAL PROGRAM--QUALIFICATIONS-- TRAINING REQUIREMENTS.--
A. A school district may employ school marshals who meet the requirements for school security personnel. School marshals shall be trained by the New Mexico law enforcement academy or in a program approved by the academy and certified as a school marshal by the law enforcement certification board.
B. To be eligible to serve as a school marshal, the school employee shall:
(1) have a license to carry a concealed handgun pursuant to the Concealed Handgun Carry Act; and
(2) meet other qualifications required for school security personnel who are not school resource officers.
C. A school marshal shall carry a firearm only with the permission of the local school board and the public school insurance authority.
D. A school marshal shall act only as necessary to prevent or stop the commission of an offense that threatens serious bodily injury or death of persons on public school property."
SECTION 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SCHOOL MARSHAL PROGRAM--LOCAL SCHOOL BOARD POWERS AND DUTIES.--
A. To implement a school marshal program, the local school board shall:
(1) ensure that a school district employee who is appointed as a school marshal meets the qualifications provided in the School Marshal Act, in Section 22-10A-40 NMSA 1978 and in rules promulgated by the department or the local school board; and
(2) notify the department.
B. The local school board, in consultation with the public school insurance authority, shall promulgate a policy describing a school marshal's duties and responsibilities. The policy shall:
(1) provide procedures for how a school marshal possesses, carries and stores a firearm on school premises;
(2) provide alternate procedures regarding the possession, carrying and storage of a firearm by a school
marshal based on the amount of time the school marshal has regular, direct contact with students;
(3) specify the types of firearms, ammunition, and other related equipment that a school marshal is
authorized to possess, carry and store on school premises; and
(4) specify requirements regarding the subject matter and frequency of additional professional development and training.
C. A school marshal is not entitled to accrue retirement benefits from the educational retirement board or the public employees retirement association.
D. A person's status as a school marshal ends if:
(1) the person's license to carry a concealed weapon is suspended or revoked;
(2) the person has received formal discipline for the use of excessive force or misconduct or is convicted of a felony; a misdemeanor involving moral turpitude that has bearing on the job of school marshal; crimes that include inappropriate touching, sexual harassment, sexual assault, sexual abuse, discrimination, behavior intended to induce a child into engaging in illegal, immoral or other prohibited behavior, crimes against children and dependents or sexual exploitation of children; or negligent or illegal use of a firearm; or
(3) the person's employment with the school district ends."
SECTION 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SCHOOL MARSHALS--LAW ENFORCEMENT NOTIFICATION.--The local school board shall submit every school marshal's name, date of birth and address of the school marshal's place of employment to:
A. the department and the public school insurance authority;
B. the law enforcement certification board; and
C. all applicable law enforcement and safety agencies in the school district, including federal law enforcement agencies located in New Mexico and, in the case of a school district that has a public school located within the boundaries of a federally recognized Indian nation, tribe or pueblo, the chief tribal law enforcement officer."
SECTION 6. Section 22-10A-40 NMSA 1978 (being Laws 2019, Chapter 189, Section 3) is amended to read:
"22-10A-40. 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;
(2) "local school board" includes governing bodies of charter schools;
(3) "school district" includes charter schools;
(4) "school premises" means:
(a) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of a public school, whether owned by the school district or under contract, in or on which school or school-related 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 school marshals or other security personnel who are retired or former certified and commissioned law enforcement officers who are employed by or on contract with 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;
(2) the commitment of a felony; a misdemeanor involving moral turpitude that has bearing on the job of school security personnel; formal discipline for the use of excessive force; or misconduct or crimes that include inappropriate touching, sexual harassment, sexual assault, sexual abuse, discrimination, behavior intended to induce a child into engaging in illegal, immoral or other prohibited behavior, crimes against children and dependents or sexual exploitation of children; and
(3) negligent or illegal use of a firearm.
D. Prior to an offer of employment or contract, 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.
E. School security personnel shall not perform any other job in the school district, by title or duty, other than school security while carrying a firearm.
F. Prior to school security personnel being allowed to carry firearms authorized by department rules and local school board policy, the school security personnel must successfully pass a physical and psychological evaluation as prescribed by the department in consultation with the public school insurance authority to determine suitability to carry a firearm. The school district shall pay the cost of the physical and psychological evaluations for current and 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."
SECTION 7. A new section of the Law Enforcement Training Act is enacted to read:
"[NEW MATERIAL] SCHOOL MARSHAL TRAINING PROGRAM.--The council shall develop curriculum and standards for training of school marshals. The curriculum shall include:
A. relevant elements from the basic law enforcement training course, including firearms training, first aid, defensive tactics, crowd-control tactics, crisis intervention and police, human and community relations;
B. proper procedures for how a school marshal may possess, carry and store a firearm while on public school property, including providing alternative procedures based on the amount of time a school marshal spends in regular, direct contact with students; and
C. an understanding of the particular responsibilities of school-based policing, including training in:
(1) developing successful relationships with diverse students;
(2) how to interact with students with disabilities and behavioral health challenges;
(3) relevant public safety topics such as digital safety, human trafficking, mental health and substance abuse;
(4) best practices for de-escalation, behavioral threat assessment, emergency operations planning and armed assailant response;
(5) how to identify, assess and advise mitigation of school safety and security vulnerabilities and other concerns;
(6) strategies to identify potential risks and prevent school shootings;
(7) strategies to secure the safety of potential victims of a school shooting or other emergency situation that threatens to cause injury or death to persons on public school property;
(8) how to respond to an emergency situation that requires deadly force, including a situation involving an active shooter; and
(9) education about legal issues, including issues related to:
(a) the duties of a school marshal or other peace officers on school premises; and
(b) the use of force or deadly force in the protection of others."
SECTION 8. Section 30-7-2.1 NMSA 1978 (being Laws 1987, Chapter 232, Section 1, as amended) is amended to read:
"30-7-2.1. UNLAWFUL CARRYING OF A DEADLY WEAPON ON SCHOOL PREMISES.--
A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:
(1) a [peace officer;
(2) school security personnel] school marshal or other law enforcement officer;
[(3)] (2) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction;
[(4)] (3) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or
[(5)] (4) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.
B. As used in this section, "school premises" means:
(1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or
(2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed.
C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony."
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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