View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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
|||| 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.
|||| 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".
|||| 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
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