HOUSE BILL NO. 269

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Daily Data Tracking History



H0269aa........................................................by EDUCATION
SCHOOL VIOLENCE - THREATS - Adds to current law to provide for reports of
threats of violence or potential violence at a school; and to govern
liability for defamation.
                                                                        
02/17    House intro - 1st rdg - to printing
02/18    Rpt prt - to Jud
02/28    Rpt out - to Gen Ord
03/05    Rpt out amen - to engros
03/06    Rpt engros - 1st rdg - to 2nd rdg as amen
03/07    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 57-11-2
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(23),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,
      Langford, Langhorst(Wallace), Martinez, McGeachin, Meyer, Miller,
      Mitchell, Naccarato, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,
      Stevenson, Tilman, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Clark, Eberle, Kulczyk, McKague, Moyle, Nielsen,
      Raybould, Roberts, Sali, Smith(24)
      Absent and excused -- Field(18), Wood
    Floor Sponsor - Ringo
    Title apvd - to Senate
03/12    Senate intro - 1st rdg - to Jud
03/25    Rpt out - rec d/p - to 2nd rdg
03/26    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 22-10-3
      AYES -- Andreason, Bunderson, Burkett, Burtenshaw, Cameron, Compton,
      Darrington, Goedde, Ingram, Kennedy, Keough, Lodge, Malepeai, Marley,
      McWilliams, Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett,
      Sweet
      NAYS -- Bailey, Brandt, Davis, Gannon, Geddes, Hill, Little,
      McKenzie, Noble, Pearce
      Absent and excused -- Calabretta, Werk, Williams
    Floor Sponsor - Marley
    Title apvd - to House
03/31    To enrol
04/01    Rpt enrol - Sp signed
04/02    Pres signed
04/03    To Governor
04/08    Governor signed
         Session Law Chapter 263
         Effective: 04/08/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 269
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THREATS OF VIOLENCE AT SCHOOLS; AMENDING  CHAPTER  12,  TITLE  33,
  3        IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 33-1225, IDAHO CODE, TO PRO-
  4        VIDE FOR REPORTS OF THREATS OF VIOLENCE OR POTENTIAL VIOLENCE AND TO  GOV-
  5        ERN LIABILITY FOR DEFAMATION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Chapter  12,  Title 33, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 33-1225, Idaho Code, and to read as follows:
                                                                        
 10        33-1225.  THREATS  OF VIOLENCE -- LIMITATION ON LIABILITY. (1)  A communi-
 11    cation by any person to a school principal, or a communication  by  a  student
 12    attending  the  school  to  the  student's teacher, school counselor or school
 13    nurse, and any report of that communication to the  school  principal  stating
 14    that  a specific person has made a threat to commit violence on school grounds
 15    by use of a firearm, explosive, or deadly weapon defined in chapter 33,  title
 16    18,  Idaho Code, is a communication on a matter of public concern. Such commu-
 17    nication or report shall only be subject to liability in defamation  by  clear
 18    and  convincing evidence that the communication or report was made with knowl-
 19    edge of its falsity or with reckless disregard for the truth or falsity of the
 20    communication or report. This section shall not be interpreted  to  change  or
 21    eliminate other elements of defamation required by law.
 22        (2)  As  used in this section, "school" means any public or private school
 23    providing instruction in kindergarten or any grades from grade one (1) through
 24    grade twelve (12) which is the subject of a threat.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Ringo               
                                                                        
                                                     Seconded by Wills               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 269
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 11, following "principal,"  insert:
  3    "or designee,".
                                                                        
  4                                  AMENDMENT TO BILL
  5        On page 1, following line 24, insert:
  6        "SECTION  2.  An  emergency  existing  therefor, which emergency is hereby
  7    declared to exist, this act shall be in full force and effect on and after its
  8    passage and approval.".
                                                                        
  9                                 CORRECTION TO TITLE
 10        On page 1, in line 5, following "DEFAMATION" insert: "; AND  DECLARING  AN
 11    EMERGENCY".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 269, As Amended
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THREATS OF VIOLENCE AT SCHOOLS; AMENDING  CHAPTER  12,  TITLE  33,
  3        IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 33-1225, IDAHO CODE, TO PRO-
  4        VIDE FOR REPORTS OF THREATS OF VIOLENCE OR POTENTIAL VIOLENCE AND TO  GOV-
  5        ERN LIABILITY FOR DEFAMATION; AND DECLARING AN EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Chapter  12,  Title 33, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 33-1225, Idaho Code, and to read as follows:
                                                                        
 10        33-1225.  THREATS  OF VIOLENCE -- LIMITATION ON LIABILITY. (1)  A communi-
 11    cation by any person to a school principal, or designee, or a communication by
 12    a student attending the school to the student's teacher, school  counselor  or
 13    school  nurse,  and  any  report of that communication to the school principal
 14    stating that a specific person has made a threat to commit violence on  school
 15    grounds  by  use  of a firearm, explosive, or deadly weapon defined in chapter
 16    33, title 18, Idaho Code, is a communication on a matter  of  public  concern.
 17    Such  communication or report shall only be subject to liability in defamation
 18    by clear and convincing evidence that the communication  or  report  was  made
 19    with knowledge of its falsity or with reckless disregard for the truth or fal-
 20    sity  of the communication or report. This section shall not be interpreted to
 21    change or eliminate other elements of defamation required by law.
 22        (2)  As used in this section, "school" means any public or private  school
 23    providing instruction in kindergarten or any grades from grade one (1) through
 24    grade twelve (12) which is the subject of a threat.
                                                                        
 25        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 26    declared to exist, this act shall be in full force and effect on and after its
 27    passage and approval.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                              
                          RS 12865
                              
The purpose of this legislation is to create a new chapter of Idaho
Code to provide defamation immunity for individuals who report
threats of school violence to appropriate authorities. The proposed
legislation defines terms, procedures, and requirements to afford
defamation immunity.




                        FISCAL IMPACT
                              
There is no fiscal impact to the general fund.









Contact
            Name:     Shirley Ringo
                  Phone:    332-1232
            
      STATEMENT OF PURPOSE/FISCAL NOTE     H 269