Bill Text: MS HB480 | 2014 | Regular Session | Introduced

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Bill Title: Safe2Tell Program; establish to allow students to anonymously report threatening behavior or endangering activities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-02-04 - Died In Committee [HB480 Detail]

Download: Mississippi-2014-HB480-Introduced.html

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MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Education; Judiciary B

By: Representative Moak

House Bill 480

AN ACT TO ESTABLISH THE CREATION OF THE SAFE2TELL PROGRAM AS A NOT-FOR-PROFIT ORGANIZATION FOR THE PURPOSE OF PROVIDING STUDENTS A VENUE TO ANONYMOUSLY REPORT ANY THREATENING BEHAVIORS OR ACTIVITY ENDANGERING THEM OR SOMEONE ELSE; TO PRESCRIBE THE DUTIES AND FUNCTIONS OF THE PROGRAM; TO PROVIDE THAT ALL STUDENTS MAY REPORT INFORMATION IN VARIOUS FORMS INCLUDING ELECTRONIC MESSAGES WHICH SUCH INFORMATION SHALL BE PROTECTED FROM PUBLIC RELEASE; TO REQUIRE AN IN CAMERA REVIEW OF ALL CONFIDENTIAL INFORMATION; TO PROVIDE THAT THE INFORMATION MAY ONLY BE DISCLOSED UNDER CERTAIN CIRCUMSTANCES IN WHICH A SUBPOENA HAS BEEN ISSUED IN A LEGAL PROCEEDING REQUIRING DISCLOSURE OF THE PRIVILEGE INFORMATION; TO REQUIRE EACH BOARD OF EDUCATION TO TAKE CERTAIN ACTION TO ESTABLISH A SCHOOL RESPONSE FRAMEWORK CONSISTING OF POLICIES WHICH COMPLY WITH THE REQUIREMENTS OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM; TO REQUIRE THE CUSTODIAN OF RECORDS FOR THE PROGRAM TO DENY THE RIGHT OF INSPECTION OF ANY CONFIDENTIAL MATERIALS RECEIVED, MADE OR KEPT BY THE PROGRAM AS REQUIRED BY THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  The Mississippi Legislature hereby finds and declares that:

          (a)  According to the United States Secret Service and Department of Education, in eighty-one percent (81%) of dangerous or violent incidents in schools, someone other than the attacker knew the incident was going to happen but did not report or act on that knowledge.  Additionally, in incidents of targeted school violence, most attackers engaged in some behavior before the incident that caused others concern or indicated a need for help;

          (b)  The ability to anonymously report information about unsafe, potentially harmful, dangerous, violent or criminal activities before or after they have occurred is critical in reducing, responding to and recovering from these types of events in schools;

          (c)  The Safe2Tell Program empowers students and the community, by offering a comprehensive program of education, awareness, training and a readily accessible tool that allows students and the community, to easily provide anonymous information about unsafe, potentially harmful, dangerous, violent or criminal activities, or the threat of these activities, to appropriate law enforcement and public safety agencies and school officials;

          (d)  The Safe2Tell Program has a proven record of success in prevention and intervention in cases of threats to people or property, assaults, bullying, child abuse, substance abuse, cutting, suicide, gangs, weapons, Internet safety or other unsafe, potentially harmful, dangerous, violent or criminal activities; and

          (e)  The Safe2Tell Program serves as a community partner in the school response framework, and the program may engage in information sharing and interoperable communications with other community partners as part of a coordinated response to a school-related incident.

     (2)  The Legislature therefore finds that it is appropriate and necessary to provide for the anonymity of a person who provides information to the Safe2Tell Program and to provide for the confidentiality of Safe2Tell materials.

     SECTION 2.  The following terms shall have the meanings ascribed in this section, unless the context otherwise requires:

          (a)  "In camera review" means an inspection of materials by the court, in chambers, to determine what, if any, materials are discoverable.

          (b)  "Materials" means any records, reports, claims, writings, documents, or information anonymously reported or information related to the source of the materials.

          (c)  "Safe2Tell", "Safe2Tell Program" or "program" means the program described in Section 3 of this act that provides students and the community with the means to relay information anonymously concerning unsafe, potentially harmful, dangerous, violent or criminal activities, or the threat of these activities, to appropriate law enforcement and public safety agencies and school officials.

     SECTION 3.  (1)  In addition to any other requirements for articles of incorporation imposed by Articles 1 through 17, Chapter 4, Title 79, Mississippi Code of 1972, the articles of incorporation for the Safe2Tell Program shall require that the Safe2Tell Program:

          (a)  Establish and maintain methods of anonymous reporting concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or the threat of such activities;

          (b)  Establish methods and procedures to ensure that the identity of the reporting party remains unknown to all persons and entities, including law enforcement officers and employees or other persons operating the program;

          (c)  Establish methods and procedures so that information obtained from a reporting party who voluntarily discloses his or her identity and verifies that he or she is willing to be identified may be shared with law enforcement officers, employees or other persons operating the program, and with school officials;

          (d)  Establish methods and procedures to ensure that a reporting party's identity that becomes known through any means other than voluntary disclosure is not further disclosed; and

          (e)  Promptly forward information received by the program to the appropriate law enforcement or public safety agency or school officials.

     SECTION 4.  In camera review - confidentiality of materials - criminal penalty.  (1)  (a)  The Safe2Tell Program and persons implementing and operating the program shall not be compelled to produce any materials except on the motion of a criminal defendant to the court in which the offense is being tried, supported by an affidavit establishing that the materials contain impeachment evidence or evidence that is exculpatory to the defendant in the trial of that offense.

          (b)  If the defendant's motion is granted, the court shall conduct an ex parte in camera review of materials produced under the defendant's subpoena.

          (c)  If the court determines that the produced materials contain impeachment evidence or evidence that is exculpatory to the defendant, the court shall order the materials to be produced to the defendant pursuant to a protective order that includes, at a minimum, the redaction of the reporting party's identity and limitations on the use of the materials, as needed, unless contrary to state or federal law.  Any materials excised pursuant to a judicial order following the in camera review shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal.  After the time for appeal has expired, the court shall return the materials to the Safe2Tell Program.

     (2)  (a)  Materials created or obtained through the implementation or operation of the Safe2Tell Program are confidential, and no person shall disclose the material.  The Safe2Tell Program and persons implementing or operating the Safe2Tell Program may be compelled to produce the materials only before a court or other tribunal and only pursuant to court order for an in camera review.  Any such review shall be limited to an inspection of materials that are material to the specific case pending before the court.  The Attorney General acting on behalf of the Safe2Tell Program shall have standing in any action to oppose the disclosure of materials in the custody of the Safe2Tell Program.

          (b)  A person who knowingly discloses materials in violation of the provisions of this subsection (2) commits a misdemeanor.

     SECTION 5.  Safe2Tell Program.  As described in Section 3 of this act, there is established the Safe2Tell Program with the primary purpose of providing students and the community with the means to relay information anonymously concerning unsafe, potentially harmful, dangerous, violent or criminal activities, or the threat of these activities, to appropriate law enforcement and public safety agencies and school officials.

     SECTION 6.  (1)  Each board of education shall establish a school response framework that shall consist of policies described in this section.  By satisfying the requirements of this section, a school or school district shall be in compliance with the national incident management system, referred to in this section as "NIMS," developed by the Federal Emergency Management Agency.

     (2)  At a minimum, the policies shall require:

          (a)  (i)  Each school district, on or before July 1, 2014, to establish a date by which each school of the school district shall be in compliance with the requirements of this section; except that the date may be changed by the school board for cause.
               (ii)  Each school district shall make the dates established under subparagraph (i) of this paragraph (a) available to the public upon request.
          (b)  Each school district to adopt the national response framework released by the United States Department of Homeland Security and NIMS formally through orders or resolutions;
          (c)  Each school district to institutionalize the incident command system as taught by the Emergency Management Institute of the Federal Emergency Management Agency;

          (d)  Each school district, on or before July 1, 2014, to start to develop a school safety, readiness and incident management plan, including, to the extent possible, emergency communications, that coordinates with any statewide or local emergency operation plans.  In developing the plan, a school district may collaborate with local fire departments, state and local law enforcement agencies, local 911 agencies, interoperable communications providers, the Safe2Tell Program described in Section 3 of this act, local emergency medical service personnel, local mental health organizations, local public health agencies, local emergency management personnel, and local or regional homeland security personnel, which entities are collectively referred to in this section as "community partners."  The school safety, readiness and incident management plan shall, at a minimum, identify for each public school in the school district:

               (i)  Safety teams and backups who are responsible for interacting with community partners and assuming key incident command positions; and
               (ii)  Potential locations for various types of operational locations and support functions or facilities.
     SECTION 7.  Notwithstanding any provision to the contrary, the custodian of any public records shall deny the right of inspection of any materials received, made or kept by the Safe2Tell Program, as described in Section 3 of this act, which are confidential in nature as prescribed under Section 4 of this act.

     SECTION 8.  Safety clause.  The Legislature hereby finds, determines and declares that this act is necessary for the immediate preservation of the public peace, health and safety.

     SECTION 9.  This act shall take effect and be in force from and after its passage.