Assembly Bill No. 61–Assemblyman Perkins

Prefiled January 27, 1999

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Referred to Committee on Education

 

SUMMARY—Expands jurisdiction and authority of school police officers. (BDR 34-133)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to schools; expanding the jurisdiction of school police officers to school zones for the purpose of enforcement of traffic laws; authorizing school police officers to issue citations to habitual truants; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 391.275 is hereby amended to read as follows:

1-2 391.275 1. The jurisdiction of each school police officer of a school

1-3 district extends to [all] :

1-4 (a) All school property, buildings and facilities within the school district,

1-5 for the purpose of:

1-6 [1.] (1) Protecting school district personnel, pupils, or real or personal

1-7 property; or

1-8 [2.] (2) Cooperating with local law enforcement agencies in matters

1-9 relating to personnel, pupils or real or personal property of the school

1-10 district.

1-11 (b) The school zone, if one has been designated pursuant to subsection

1-12 3 of NRS 484.366, for the purpose of enforcing traffic laws within the

1-13 school zone.

1-14 2. As used in this section, "school zone" has the meaning ascribed to

1-15 it in NRS 484.149.

1-16 Sec. 2. NRS 392.142 is hereby amended to read as follows:

1-17 392.142 1. The principal of a school shall report to a school police

1-18 officer, if any, or to the appropriate local law enforcement agency the name

1-19 of any pupil enrolled in that school who is a habitual truant.

2-1 2. Upon receipt of such a report, if it appears after investigation that the

2-2 pupil is a habitual truant, the school police officer or the law enforcement

2-3 agency shall prepare a written citation directing the pupil to appear in the

2-4 proper juvenile court.

2-5 3. A copy of the citation must be delivered to the pupil and to the

2-6 parent, guardian or any other person who has control or charge of the pupil

2-7 by:

2-8 (a) The local law enforcement agency;

2-9 (b) A school police officer employed by the board of trustees of the

2-10 school district; or

2-11 (c) An attendance officer appointed by the board of trustees of the

2-12 school district.

2-13 4. The citation must be in the form prescribed for misdemeanor

2-14 citations in NRS 171.1773.

2-15 Sec. 3. NRS 392.160 is hereby amended to read as follows:

2-16 392.160 1. [Any] A peace officer, [the] including, without limitation,

2-17 a school police officer, an attendance officer or any other school officer

2-18 shall, during school hours, take into custody without warrant:

2-19 (a) Any child between the ages of 7 and 17 years; and

2-20 (b) Any child who has arrived at the age of 6 years but not at the age of

2-21 7 years and is enrolled in a public school,

2-22 who has been reported to him by the teacher, superintendent of schools or

2-23 other school officer as an absentee from instruction upon which he is

2-24 lawfully required to attend.

2-25 2. Except as otherwise provided in subsection 3:

2-26 (a) During school hours, the officer having custody shall forthwith

2-27 deliver the child to the superintendent of schools, principal or other school

2-28 officer at the child’s school of attendance.

2-29 (b) After school hours, the officer having custody shall deliver the child

2-30 to the parent, guardian or other person having control or charge of the

2-31 child.

2-32 3. The board of trustees of a school district or the governing body of a

2-33 charter school may enter into an agreement with a counseling agency to

2-34 permit delivery of the child to the agency. For the purposes of this

2-35 subsection, "counseling agency" means an agency designated by the school

2-36 district in which the child is enrolled to provide counseling for the child and

2-37 the parent, guardian or other person having control or charge of the child.

2-38 Sec. 4. NRS 289.190 is hereby amended to read as follows:

2-39 289.190 1. A person employed or appointed to serve as a school

2-40 police officer pursuant to subsection 4 of NRS 391.100 has the powers of a

2-41 peace officer [.] within the jurisdiction described in NRS 391.275.

3-1 2. A person appointed pursuant to NRS 393.0718 by the board of

3-2 trustees of any school district has the powers of a peace officer to carry out

3-3 the intents and purposes of NRS 393.071 to 393.0719, inclusive.

3-4 3. Members of every board of trustees of a school district,

3-5 superintendents of schools, principals and teachers have concurrent power

3-6 with peace officers for the protection of children in school and on the way

3-7 to and from school, and for the enforcement of order and discipline among

3-8 such children, including children who attend school within one school

3-9 district but reside in an adjoining school district or adjoining state, pursuant

3-10 to the provisions of chapter 392 of NRS. This subsection must not be

3-11 construed so as to make it the duty of superintendents of schools, principals

3-12 and teachers to supervise the conduct of children while not on the school

3-13 property.

3-14 Sec. 5. This act becomes effective on July 1, 1999.

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