Education-school safety and security.

2015
STATE OF WYOMING
15LSO-0346
ENGROSSED
3.1

HOUSE BILL

NO.
HB0144

Education-school safety and security.

Sponsored by:
Joint Education Interim Committee

A BILL

for

AN ACT relating to school safety and security; establishing a comprehensive school safety program; requiring establishment of a tip line; requiring training; prohibiting disclosure of information; granting rulemaking authority for program administration; requiring reporting; providing appropriations; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 9
‑
1
‑
641
through
9
‑
1
‑
644
are
created
to read:

9
‑
1
‑
641
.

Unit of s
chool safety and security; created;
appointment of deputy
.

(a)

The unit of school safety and security is created within the division of criminal investigation of the office of the attorney general.

(b
)

With the approval of the attorney gen
eral, the director shall designate
a deputy to supervise and direct all activities of the
unit of school safety and security
. The deputy
shall be
responsible to the director
of the division of criminal investigation
for
the operation of the unit.

9
‑
1
‑
642
.

Unit of school safety and security; d
uties of deputy.

(a)

The deputy
of the unit of school safety and security
shall:

(i)

Supervise and direct all activities of the
unit of school safety and
security
;

(ii)

S
erve as the state
'
s representative

on local, state and national organizations
involved in
school safety and security and related functions;

(iii)

Act as the state
'
s authority on necessary components of school safety and security plans and serve as the state
'
s liaison with local governmental entities, appropriate law enforcement agencies, public safety agencies and school district officials to facilitate a cooperative and coordinated school safety and security effort. The deputy shall also assist these age
ncies and officials in formulating
local crisis management plans and other coordinated safety and security efforts
relating to school safety and security
;

(iv)

Administer the
school
safety and security program required under W.S. 9
‑
1
‑
643;

(
v)

Provide public information and education concerning issues related to school safety and security
;

(vi)

Subject to the approval of the director and the attorney general, promulgate rules and regulations necessary to implement the
school safety and security
program
required under W.S. 9
‑
1
‑
643
.

9
‑
1
‑
643
.

Unit of school safety and security;
program created;
d
uties
and responsibilities
.

(
a
)

The
unit of school safety and security
shall establish and administer a comprehensive statewide school safety and security program
which shall:

(i)

Include
methods of anonymous reporting concerning unsafe, potentially harmful, dangerous, violent or criminal activities in school
s
or the threat of those activities
.
At minimum, m
ethods of reporting shall include
telephone
land
line, website, mobile telephone application and cellular text messaging
;

(ii)

Except as provided by paragraphs (iii) and (iv) of this subsection, e
nsure the identity of the reporting parties remains unknown to all persons and entities, including law enforcement officers and employees operating the program;

(iii)

A
llow
for
disclosure of information
to law enforcement officers, employees operating the program and school
district
officials obtained from a reporting party
who voluntarily discloses his identity and verifies that he is willing to be identified
;

(iv)

E
nsure
that
a reporting party
'
s
identity
which
becomes known through any means other than voluntary disclosure is not further disclosed;

(v)

Promptly share necessary information received in operation of the program with the appropriate law enforcement and public safety agency or school district officials;

(vi)

As determined appropriate by the unit of school safety and security, e
stablish training
protocols
on school safety and security awareness and appropriate responses to information
provided by the unit to
law enforcement dispatch centers, school districts, schools and other
necessary
entities
;

(v
ii
)

Provide education
al material
to schools
, school districts and other necessary entities regarding the program.

9
‑
1
‑
644
.

Unit of school safety and security; c
onfidentiality of material
; hearing required
.

(a)

All records concerning reports or tips received in operation of the school safety and security program required
under
W.S. 9
‑
1
‑
643 are
deemed not to be a public record and shall remain
confidential
information in the possession of the unit of school safety and security
. The program and
any
person implementing or operating the program may be compelled to produce the material only before a court and only pursuant to court order
as provided by subsection (b
) of this section.

(
b
)

Persons implementing
or
operating the program shall not be compelled to produce any materials obtained in relation to the operation of the program
,
except on motion of a criminal defendant to the court in which the offense is being tried and t
he following procedure shall
apply
:

(i)

A written motion

shall be made by the defendant to the court at least ten (10) days prior to the trial stating
the materials contain impeachment
evidence
or
evidence that is exculpatory to the defendant in the trial of that offense
;

(ii)

The written motion shall be accompanied by affidavits in which the offer of proof is stated;

(iii)

If the court finds the offer of proof sufficient, the court shall order a hearing in chambers, and at the hearing allow the questioning of the
persons implementing
or
operating the program
or review of material obtained in operation of the program

regarding the offer of proof made by the defendant and other pertinent evidence;

(iv)

At the conclusion of the hearing, if the court finds that the
materials contain impeachment evidence or evidence that is exculpatory to the defendant,
the evidence shall be admissible pursuant to this section. The court
shall
make an order stating what evidence may be introduced by the defendant, which
shall require redaction of the reporting party
'
s identity and
may include the nature of the questions to be permitted.

(
c
)

Any material provided pursuant to court order under subsection (b) of this section shall be sealed and preserved in the record 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 material to the unit of
school
safety and security.

Section
2
.

(a)

For the period commencing July 1, 2015 and ending June 30, 2016, the attorney general is authorized
three (3)
permanent full
‑
time positions
for the unit of school safety and security required under W.S. 9
‑
1
‑
641 through 9
‑
1
‑
644 as created by section 1 of this act
.
The positions authorized under this subsection shall be classified as one (1) executive management 1, or the equivalent thereof, one (1) executive officer 3, or the equivalent thereof, and one (1) control terminal CJIS specialist, or the equivalent thereof.
In addition to a
ny other appropriation to
the attorney general by this act, there is appropriated
an amount
not to exceed
two
hundred
sixty
‑
five

thousand dollars ($
265
,000.00)
from the school foundation program account to the attorney general
for the salary and benefits
of the employees
authorized
under this
sub
section. The
three (3
) positions authorized
under
this
sub
section shall
not
be included in the
attorney general
'
s 2017
‑
2018 standard budget request.

(b)

In addition to funds appropriated under subsection (a) of this section, f
or the period commencing July 1, 2015

and ending June 30, 2016, two hundred twenty
‑
five thousand dollars ($225,000.00) is appropriated from the school foundation program account to the attorney general
to obtain necessary
support services and
for the
purchase
of
equipment and software necessary for the operation of
the unit
of

school safety and security
required
under W.S. 9
‑
1
‑
641 through
9
‑
1
‑
644
as created by section 1 of this act. This appropriation shall
not
be included in the agency
'
s 2017
‑
2018 standard budget request.

(c
)

The funds
and positions
appropriated by subsection
s

(a) and
(b)
of this section shall be reduced by any unexpended funds
and transferred positions
appropriated to the department of education by 2014 Wyoming Session Laws, Ch
apter 26, Section 2, Section 206 to unit 1401 as of June 30, 2015 and a
ny remaining funds
and positions
shall
be
transferred by the department of education to the attorney general
to fund

the operation of
the unit
of
school safety and security
under W.S. 9
‑
1
‑
641 through
9
‑
1
‑
644
as created
by
section 1 of this act.

Section
3
.

This act is
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0144