HOUSE BILL 578

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Rhonda S. King

AN ACT

RELATING TO CRIMINAL LAW; INCLUDING PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS IN THE DEFINITION OF "SCHOOL PREMISES" AS IT RELATES TO THE UNLAWFUL CARRYING OF A DEADLY WEAPON.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. 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;

                (3) 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) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or

                (5) 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; or

                (3) the buildings and grounds of any public post-secondary educational institution.

          C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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