REPORT TITLE:
School Violence; Assault


DESCRIPTION:
Requires students to be suspended for not less than         
school days but not more than 92 school days for criminal assault
and related offenses that do not involve firearms.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                             2817
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SCHOOL VIOLENCE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 302A-1134.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�302A-1134.5  Zero tolerance policy.(a)  Any child who
 
 4 [is]:
 
 5      (1)  Is found to be in possession of a dangerous weapon,
 
 6           switchblade knife, intoxicating liquor, or illicit
 
 7           drugs; or
 
 8      (2)  Violates part III of chapter 707;
 
 9 while attending school, [may] shall be excluded from attending
 
10 school for [up to] not less than          school days but not
 
11 more than ninety-two school days, as determined by the principal
 
12 and approved by the superintendent or other individuals
 
13 designated pursuant to rules adopted by the board.  In any case
 
14 of exclusion from school, the due process procedures of the
 
15 department adopted pursuant to chapter 91, shall apply to any
 
16 child who is alleged to be in possession of a dangerous weapon,
 
17 switchblade knife, intoxicating liquor, or illicit drugs, or who
 
18 is alleged to have violated part III of chapter 707, while
 
19 attending school; provided that if the exclusion is for less than
 

 
Page 2                                                     2817
                                     H.B. NO.           
                                                        
                                                        

 
 1 ten days, the provisions of Hawaii administrative rules, title 8,
 
 2 chapter 19, related to student discipline, shall apply.  If a
 
 3 child is excluded from attending school, the superintendent or
 
 4 the superintendent's designee shall ensure that substitute
 
 5 educational activities or other appropriate assistance are
 
 6 provided, such as referral for appropriate intervention and
 
 7 treatment services, as determined by the principal in
 
 8 consultation with the appropriate school staff.
 
 9      (b)  For purposes of this section:
 
10      (1)  "Dangerous weapon" means a dirk, dagger, butterfly
 
11           knife, blackjack, slug shot, billy, metal knuckles, or
 
12           other instrument whose sole design and purpose is to
 
13           inflict bodily injury or death; provided that firearms
 
14           are excluded from this definition;
 
15      (2)  "Illicit drugs" means substances, the possession,
 
16           distribution, ingestion, manufacture, sale, or delivery
 
17           of which are prohibited under chapter 329 and chapter
 
18           712, part IV; and
 
19      (3)  "Switchblade knife" is as defined in section 134-52.
 
20      (c)  Subsection (a)(2) shall not apply to offenses committed
 
21 with firearms.  Section 302A-1134(b) shall apply to offenses
 
22 committed with firearms.  For the purposes of this subsection,
 

 
 
 
Page 3                                                     2817
                                     H.B. NO.           
                                                        
                                                        

 
 1 "offenses" include alleged offenses."
 
 2      SECTION 2.  This Act does not affect rights and duties that
 
 3 matured, penalties that were incurred, and proceedings that were
 
 4 begun, before its effective date.
 
 5      SECTION 3.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:_________________________