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H0562................................by JUDICIARY, RULES AND ADMINISTRATION
SCHOOLS - THREATS OF VIOLENCE - Adds to existing law to provide for reports
of threats of violence or potential violence on school grounds.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 68-1-1
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr.
Speaker
NAYS -- Jaquet
Absent and excused -- Black
Floor Sponsor - Young
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 562
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOLS; AMENDING TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW
3 CHAPTER 55, TITLE 33, IDAHO CODE, TO PROVIDE FOR REPORTS OF THREATS OF
4 VIOLENCE OR POTENTIAL VIOLENCE ON SCHOOL GROUNDS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Title 33, Idaho Code, be, and the same is hereby amended
7 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
8 ter 55, Title 33, Idaho Code, and to read as follows:
9 CHAPTER 55
10 SCHOOLS -- REPORTS OF THREATS OF VIOLENCE
11 33-5501. THREATS OF VIOLENCE -- LIMITATION ON LIABILITY IN DEFAMATION.
12 (1) A communication by any person to a school principal, or a communication by
13 a student attending the school to the student's teacher or to a school coun-
14 selor or school nurse and any report of that communication to the school prin-
15 cipal, stating that a specific student or other specified person has made a
16 threat to commit violence or potential violence on the school grounds involv-
17 ing the use of a firearm or other deadly or dangerous weapon, is a communica-
18 tion on a matter of public concern and is subject to liability in defamation
19 only upon a showing by clear and convincing evidence that the communication or
20 report was made with knowledge of its falsity or with reckless disregard for
21 the truth or falsity of the communication. Where punitive damages are
22 alleged, all other provisions of Idaho law shall also apply.
23 (2) As used in this section, "school" means a public or private school
24 providing instruction in kindergarten or grades 1 through 12, inclusive.
STATEMENT OF PURPOSE
RS 11785
This proposed legislation seeks to create a new chapter of Idaho
Code to provide for defamation immunity for individuals who report
suspected threats of school violence to proper authorities. The
proposed legislation defines terms, procedures and requirements to
afford defamation immunity.
FISCAL IMPACT
There is no fiscal impact to the state general fund.
Contact
Name: Rep Gary Young
Phone: 332—1218
Rep Tom Trail
STATEMENT OF PURPOSE/FISCAL NOTE H 562