SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 146

54th legislature - STATE OF NEW MEXICO - first session, 2019

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF MAKING A THREAT OF A SCHOOL SHOOTING.

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

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] MAKING A THREAT OF A SCHOOL SHOOTING.--

          A. It is unlawful for a person to make a threat of a school shooting.

          B. Whoever commits making a threat of a school shooting is guilty of a fourth degree felony.

          C. As used in this section:

                (1) "school" means:

                     (a) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus, of any elementary school, secondary school, junior high school, high school, college or university; or

                     (b) any other buildings or grounds, including playing fields and parking areas that are not school property, in or on which school or school-related activities are conducted for any elementary school, secondary school, junior high school, high school, college or university; and

                (2) "threat of a school shooting" means a threat to bring a firearm to school and to use the firearm with the intent to:

                     (a) place a person or group of persons in fear of great bodily harm;

                     (b) prevent or interrupt the occupation or use of a school building; or

                     (c) cause a response to the threat by an official or volunteer agency organized to deal with emergencies."

- 2 -