ENGROSSED SENATE
BILL NO. 855	By:	Halligan of the Senate

			and

		Denney of the House

An Act relating to crimes; making certain conduct unlawful; defining terms; providing exceptions; providing disciplinary measures; stating penalty; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1280.2 of Title 21, unless there is created a duplication in numbering, reads as follows:
A.  It shall be unlawful for any person to engage in reckless conduct while having in his or her possession a weapon as defined in this section, look-alike weapon, or any object that can reasonably be considered or mistaken for a weapon or dangerous object that may cause harm to the physical and mental health, safety, or welfare of any individual according to the following:
1.  On school property immediately before, during, or immediately after school hours;
2.  On school property at any other time when the school is being used by a school group;
3.  Off school property at any school activity, function, or event approved by the principal;
4.  In a district-owned or contracted vehicle; or
5.  Within one thousand (1,000) feet from the grounds of a public, parochial, or private school during school hours or when used by a school group.
B.  As used in this section:
1.  “School property” means any publicly or privately owned property held for the purposes of elementary, secondary or vocational-technical education, and shall not include property owned by public school districts or private educational entities where such property is leased or rented to an individual or corporation and used for purposes other than educational;
2.  “Weapon” means a stun gun, pellet gun, air soft gun, BB gun, knife, razor, martial arts device, explosive device, materials for making an explosive device, electronic or chemical mace, and tear gas;
3.  “Look-alike weapon” means a toy gun, non-working replica of a weapon, war souvenir or any object which could reasonably be mistaken for an actual weapon, regardless of whether it is manufactured for that purpose;
4.  “Dangerous object” means any object or device that could be used or construed to be a weapon carried for offensive or defensive purposes and capable of producing death or bodily harm or the fear of death or bodily harm, or any device or instrument which in the manner it is used or intended to be used is calculated or likely to produce death or bodily harm or the fear of death or bodily harm.
C.  This section shall not apply to the following:
1.  Weapons under the control of law enforcement personnel;
2.  Look-alike weapons or real weapons that are registered and handled in a legal manner for the purpose of education as authorized by the principal; and
3.  Normal school supplies including, but not limited to, pencils, scissors, or compasses unless used with intent to threaten bodily harm.
D.  Weapons, look-alike weapons, or dangerous objects confiscated from a student shall be reported to law enforcement authorities and to parents or legal guardians.  In addition to any other disciplinary measures pursuant to Section 24-101.3 of Title 70 of the Oklahoma Statutes, or otherwise provided by law, disciplinary measures shall include immediate suspension from school and all related activities or functions and referral to the Board of Education for possible expulsion from school and all related activities or functions.
E.  Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00), or imprisonment in the county jail not to exceed one (1) year, or an order of community service not to exceed sixty (60) hours, or by fine, imprisonment and community service.
SECTION 2.  This act shall become effective November 1, 2011.
Passed the Senate the 8th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives