HOUSE BILL 574

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

George Dodge, Jr.

AN ACT

RELATING TO CRIMINAL LAW; ENACTING THE THREATENING SCHOOL VIOLENCE ACT; PROVIDING PENALTIES.

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

     SECTION 1. SHORT TITLE.--This act may be cited as the "Threatening School Violence Act".

     SECTION 2. DEFINITION.--As used in the Threatening School Violence Act, "institution of higher education" means a private or public post-secondary educational institution, a trade school or a professional school.

     SECTION 3. THREATENING SCHOOL VIOLENCE--PENALTY.--

          A. A person commits threatening school violence when:

                (1) the person knowingly communicates, by any means, to any person, a threat to commit an unlawful act involving a deadly weapon while on the property of any public or private school or institution of higher education; and

                (2) the person either:

                     (a) intends to commit the threatened unlawful act;

                     (b) intends that any student or employee of the school or institution be placed in fear of being a victim of the threatened unlawful act; or

                     (c) has committed an act or pursued a pattern of conduct that would, taken together with the threat, place a reasonable person in fear of being a victim of the threatened unlawful act.

          B. Whoever commits threatening school violence is guilty of a misdemeanor.

     SECTION 4. AGGRAVATED THREATENING SCHOOL VIOLENCE-- PENALTY.--

          A. Aggravated threatening school violence consists of:

                (1) a second or subsequent offense of threatening school violence;

                (2) threatening school violence when the defendant intends to commit the threatened unlawful act, has the means to commit the threatened unlawful act and takes a substantial step in preparation to commit the unlawful act; or

                (3) threatening school violence when the defendant intentionally causes substantial disruption of the educational process.

          B. Whoever commits aggravated threatening school violence is guilty of a fourth degree felony.

     SECTION 5. CHILD THREATENING SCHOOL VIOLENCE--DETENTION--HEARING.--

          A. If a public school administrator or employee has reasonable cause to believe that a child has committed the offense of threatening school violence, the administrator or employee shall immediately report the child's actions to a law enforcement agency and the children, youth and families department.

          B. Upon receipt of a report pursuant to Subsection A of this section, the law enforcement agency may conduct an investigation to determine if there is probable cause to believe that the child committed the offense of threatening school violence.

          C. If the law enforcement agency determines there is probable cause to believe that the child committed the offense of threatening school violence, the law enforcement agency may take the child into custody and deliver the child to a detention facility licensed by the children, youth and families department. After the child is delivered to a detention facility, the children, youth and families department shall comply with the notification provisions set forth in Subsection D of Section 32A-2-10 NMSA 1978. The child shall be detained in the detention facility, pending a detention hearing pursuant to Section 32A-2-13 NMSA 1978.

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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