HB452 Alabama 2018 Session

Summary

Primary Sponsor

Allen Farley

Republican

Session

Regular Session 2018

Title

School safety, disclosure of certain information by juvenile probation officer to schools auth. under certain conditions, confidentiality, immunity, crime of possessing deadly weapon on school premises, revised, Education Dept. required to develop and implement school safety electronic notification system, Secs. 12-15-217, 13A-11-72 am'd.

Description

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.

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Subjects

Education