HB452 Alabama 2018 Session

Under existing law, a juvenile court is required to notify the superintendent of the school district of a child when the child is found delinquent for an act that would be a Class A or Class B felony. The juvenile court may notify the superintendent when a child is found delinquent for committing any other crime

This bill would allow a juvenile probation officer to share certain information and records relating to a child, excluding mental health and medical records, with school personnel for the limited purpose of promoting safety and enhancing education and rehabilitation services provided to the child

This bill would also provide that all shared information and records must remain confidential and provide immunity for the sharing or receipt of information in good faith

Also under existing law, it is a Class C felony for a person to knowingly with intent to cause bodily harm carry or possess a deadly weapon on the premises of a public school

This bill would remove the requirement that the possession of the deadly weapon be with the intent to cause bodily harm

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to school safety; to amend Sections 12-15-217 and 13A-11-72, Code of Alabama 1975, to allow a juvenile probation officer to share certain information and records relating to a child, excluding mental health and medical records, with school personnel for limited purposes; to provide for the confidentiality of shared information and records; to provide limited immunity; to remove the requirement that the possession of a deadly weapon on public school premises be with the intent to cause bodily harm; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.