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HB4109 - 572R - H Ver
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since the bill was introduced
House Engrossed
safety; school
procedures; criminal classification
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 4109
AN
ACT
amending title 15, chapter 1, article 5,
Arizona Revised Statutes, by adding section 15-160.05; RELATING to school
safety requirements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 5,
Arizona Revised Statutes, is amended by adding section 15-160.05, to read:
START_STATUTE
15-160.05.
Public safety policy; school districts; requirements;
notifications; annual report; posting requirement; violations; classification;
definitions
A. Each school district governing
board shall adopt a public safety policy that:
1. Clearly prescribes public safety
procedures and protocols.
2. Designates the school district
superintendent as the administrator who is responsible for implementing the
public safety policy.
3. Requires the school district
superintendent to do all of the following:
(
a
)
Provide written notification to students' parents
and school employees
not later than twenty-four
hours after any incident involving life-threatening violence
, a threat of life-threatening violence
or
a threat of violence involving a deadly weapon or dangerous instrument that
occurs in connection with the school district.
A notification pursuant to this subdivision must include information
about the nature of the incident and the school's response. This subdivision
does not require or authorize the school district superintendent to disclose
personally identifiable information about a student who is involved in an
incident.� If a law enforcement officer who responds to an incident described
in this subdivision notifies the school district that disclosure might
materially compromise a pending criminal investigation or prosecution, the
superintendent shall:
(
i
) Request
from the law enforcement agency that is responsible for the criminal
investigation a written request that the school district delay disclosure.
(
ii
) Provide
the written notification required by this subdivision as soon as practicable on
receipt of notification that the investigation is complete.
(
b
) Immediately
notify a law enforcement officer if the school district superintendent is
notified of or personally observes an incident involving life-threatening
violence, a threat of life-threatening violence or a threat of violence
involving a deadly weapon or dangerous instrument. This subdivision does not
limit or preclude the reporting by a school district or an employee of a school
district of a suspected crime pursuant to section 15-341, subsection A,
paragraph 30 or school district policies.
(
c
) Confiscate
or designate one or more school administrators at each campus who are
responsible for confiscating any dangerous instrument or deadly weapon that is
possessed by any person on school property in violation of school policies or
that is used in connection with an incident described in subdivision (
a
) or (
b
) of this paragraph until a law
enforcement officer is able to take custody of the dangerous instrument or
deadly weapon.
(
d
) Notify a
law enforcement officer that the school district superintendent confiscated a
dangerous instrument or deadly weapon pursuant to subdivision (
c
) of this paragraph as soon as practicable following the confiscation.
B. A school district may not take any
retaliatory action against an employee, a student's parent, a student, an agent
of this state or any other person for reporting a violation of this section.
C. Each school district shall
annually compile and post a public safety report on the school district's
website that includes all of the following information:
1. The number of lockdowns, shelter-in-place
events and evacuations that occurred during each of the three immediately
preceding school years.
2. The number of incidents involving
a deadly weapon or dangerous instrument that occurred in connection with the
school district during each of the three immediately preceding school years.
3. The number of incidents that the
school district superintendent referred to a law enforcement officer during
each of the three immediately preceding school years.
4. A summary of the public safety
policy adopted pursuant to subsection A of this section and a description of
the implementation of the policy.
D. A
school district superintendent who
knowingly or
intentionally violates the requirements prescribed in subsection A, paragraph 3
of this section
without good cause Is guilty of a
class
1 MISDEMEANOR.
E. If a school district governing
board fails to adopt a public safety policy that meets the requirements
prescribed by subsection A of this section or if the school district governing
board or any employee of the school district violates subsection B of this
section, each member of the school district governing board
Is guilty of a class
1 MISDEMEANOR.
F. A school district governing board
may satisfy the requirements prescribed by subsection A of this section by
adopting an emergency response plan pursuant to section 15-341,
subsection A, paragraph 31 that includes the requirements prescribed by
subsection A of this section.
G. For the purposes of this section,
"dangerous instrument" and "deadly weapon" have the same
meanings prescribed in section 13-105.
END_STATUTE
Sec. 2.
Implementation
A school district is not required to
include information from any school year that begins before the effective date
of this act in the annual public safety report required by section 15-160.05,
subsection C, Arizona Revised Statutes, as added by this act.
Sec. 3.
Legislative findings
The legislature finds that:
1. A school district's
timely notification to students' parents and school employees of incidents that
involve life-threatening violence, threats of life-threatening
violence or threats that involve a deadly weapon or dangerous instrument as
defined in section 13-105, Arizona Revised Statutes, is essential to
protect student safety.
2. A school district's
escalation of incidents that involve a deadly weapon or dangerous instrument as
defined in section 13-105, Arizona Revised Statutes, to law enforcement
officers is ministerial and not discretionary.
3. A school district
official's knowing or intentional failure to comply with escalation or
notification requirements for public safety incidents endangers students and
undermines public trust.
4. Criminal classification
is appropriate when a school district official knowingly or intentionally fails
to perform the official's public safety duties as prescribed by law.
Sec. 4.
Short title
This act may be cited as
"Michael's Law".