[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2169 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2169

    To encourage States to require a holding period for any student 
                 expelled for bringing a gun to school.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 1998

    Mr. Wyden (for himself and Mr. Smith of Oregon) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To encourage States to require a holding period for any student 
                 expelled for bringing a gun to school.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. HOLDING PERIOD FOR STUDENTS BRINGING A GUN TO SCHOOL.

    (a) In General.--Notwithstanding section 222 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) or any 
other provision of law, for fiscal year 2000 and each fiscal year 
thereafter, the amount that would otherwise be allocated to a State 
under that section for a fiscal year shall be increased by 25 percent, 
if the State has in effect a State law described in subsection (b) by 
not later than the first day of that fiscal year. Any additional amount 
made available to a State under this subsection may be used by the 
State for prevention and intervention programs related to school 
violence.
    (b) State Law Described.--A State law is described in this 
subsection if it requires that--
            (1) any administrator or employee of a public or private 
        school who has reasonable cause to believe that a student is or 
        has been in possession of a firearm while in or on the premises 
        of a school building in violation of Federal or State law, 
        shall immediately report the student's conduct to an 
        appropriate law enforcement agency and to an appropriate 
        juvenile department or agency of the State;
            (2) upon receipt of a report under paragraph (1), the 
        appropriate law enforcement agency shall immediately cause an 
        investigation to be made to determine whether there is probable 
        cause to believe that the student, while in or on the premises 
        of a public building, possessed a firearm in violation of 
        Federal or State law;
            (3) if a determination of probable cause is made under 
        paragraph (2)--
                    (A) the student shall immediately be detained by 
                the appropriate law enforcement agency for not more 
                than 72 hours in an appropriate juvenile justice 
                setting for purposes of psychological evaluation and 
                for a judicial determination (pursuant to a hearing) 
                regarding whether the student is a danger to himself or 
                herself or to others; and
                    (B) a parent, guardian, or other adult with 
                responsibility for the student shall be notified of 
                that detention and the purposes of that detention; and
            (4) if the court makes a determination under paragraph 
        (3)(A) that the student is a danger to himself or herself or 
        others, the student shall be placed in an appropriate juvenile 
        justice setting to receive professional psychological 
        counseling.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
                                 <all>