[Congressional Record Volume 144, Number 76 (Friday, June 12, 1998)]
[Senate]
[Pages S6295-S6296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Smith of Oregon):
  S. 2169. A bill to encourage States to require a holding period for 
any student expelled for bringing a gun to school; to the Committee on 
the Judiciary.


                            gun legislation

  Mr. WYDEN.  Mr. President, these tragic incidents involving students 
bringing guns to school have taught us that we must proceed on two 
tracks. Government's first responsibility is to protect our citizens, 
particularly our young people, from violence. The only way to do that 
when a student brings a gun to school is to get them out of the 
classroom, off the streets, and in front of someone who is in the best 
position to determine what steps to take. The legislation I am 
introducing today with Senator Gordon Smith will help that happen.

  Mr. President, all over my state people are calling out for help. The 
Springfield Chief of Police and the Governor both recognize that the 
way we currently deal with kids and guns is not working. These kids are 
slipping through the cracks--only to resurface in deadly and dangerous 
ways. Mr. President, our current policies are not working. They are not 
serving anyone. Simply put, when it comes to kids bringing guns to 
school, we can and must do a better job. We must stop the violence 
before it spreads across one more school yard. The memorial fence at 
Thurston High School is the last memorial fence I ever want to see--in 
Springfield, Oregon, in Pearl Mississippi, in Jonesboro, Arkansas--or 
anywhere else in the country. Let it end here.
  Today, Senator Smith and I are introducing legislation that 
encourages states to pass laws to require a student who brings a gun to 
school to be held for up to 72 hours and undergo a psychological 
evaluation. If a state adopts such a law, the state would be eligible 
for an increase of 25% in the Juvenile Justice funds that would enable 
it to provide the type of psychological evaluation and other treatment 
that such a student needs.
  Bringing a gun to school is a warning sign that must be taken 
seriously. And while so-called ``zero tolerance policies'' that mandate 
a student be expelled for bringing a gun to school may adequately 
punish the behavior, they are clearly not enough. We must offer 
services to this student--see what is going on in that student's head 
and help them through the rough spots. We must find a balance between 
preventing these crimes from occurring and punishing them once they do.
  Voters in Oregon are tough on juvenile crime, especially serious 
crimes. We have the minimum sentences. We have the prisons. We do not 
allow juveniles probation or parole. We do not release juveniles early 
for good behavior. What Oregon needs is a system that works from the 
beginning--when the warning signs appear, not just at the end, when 
harm has been done. Oregon needs resources to identify these kids and 
help them before there's an arrest to be made. Across the country the 
message is spoken loud and clear: punishment, while important, is only 
part of the solution. It does not save lives. Prevention does.
  Mr. President, my bill will help communities better identify and 
service students at-risk of endangering themselves or others with a 
firearm. My bill gives everyone involved--teachers, public school 
administrators, law enforcement, police officers and juvenile justice 
professions--the tools they need to get a troubled student the help he 
or she needs. Under the State laws my bill would promote, when a 
student brings a gun to school, the public school must report this 
behavior to law enforcement and the juvenile authorities immediately. 
Police must then come to the school and determine if there is probable 
cause to take action. If there is cause to take action, the police must 
bring the student into the station for two purposes: first, the student 
must have a mental health professional give him or her a psychological 
evaluation, and second, the student must immediately be scheduled for a 
judicial hearing. The State has up to 72 hours to complete these 
intervention measures. States pass a law following these parameters 
will receive a significant bonus: they will receive 25 percent more 
money to spend on juvenile prevention and intervention services.
  Mr. President, no one wishes to see the tragedy at Thurston High 
School repeated. It is my hope that this legislation will give States 
the incentive they need to enact tough preventative detention laws to 
assure that this doesn't happen again. I ask unanimous consent that my 
statement and a copy of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2169

       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

[[Page S6296]]

     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.

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