SENATE BILL NO. 65

INTRODUCED BY D. SHEA

BY REQUEST OF THE DEPARTMENT OF JUSTICE

A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THE SCHOOL WEAPON POSSESSION LAW TO MAKE IT ILLEGAL TO POSSESS A WEAPON IN OR ON SCHOOL PROPERTY; AMENDING SECTION 45-8-361, MCA; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 45-8-361, MCA, is amended to read:

"45-8-361. Possession or allowing possession of weapon in or on school property -- exceptions -- penalties -- seizure and forfeiture or return authorized -- definitions. (1) A person commits the offense of possession of a weapon on school property if the person purposely and knowingly possesses, carries, or stores a weapon in or on school property.

(2) A parent or guardian of a minor commits the offense of allowing possession of a weapon on school property if the parent or guardian purposely and knowingly permits the minor to possess, carry, or store a weapon in or on school property.

(3) (a) Subsection (1) does not apply to law enforcement personnel.

(b) The trustees of a district may grant persons and entities advance permission to possess, carry, or store a weapon in or on school property. The trustees shall adopt a policy identifying criteria for permitted possession, carrying, or storing of a weapon on all or a portion of school property.

(4) (a) A person convicted under this section shall be fined an amount not to exceed $500, imprisoned in the county jail for a term not to exceed 6 months, or both. The court shall consider alternatives to incarceration that are available in the community.

(b) (i) A weapon in violation of this section may be seized and, upon conviction of the person possessing or permitting possession of the weapon, may be forfeited to the state or returned to the lawful owner.

(ii) If a weapon seized under the provisions of this section is subsequently determined to have been stolen or otherwise taken from the owner's possession without permission, the weapon must be returned to the lawful owner.

(5) As used in this section, the following definitions apply:

(a) (i) "School property" means land, fixtures, buildings, vehicles, or other property owned or occupied by a local school district or nonpublic school, including but not limited to school:

(A) property used for instruction, administration, or student activities; or

(B) playgrounds, steps, parking lots, administration buildings, athletic facilities, gymnasiums, locker rooms, and buses.

(ii) The term does not include a home school provided for in 20-5-109, a unit of the university system as provided in 20-25-201, or a nonpublic institution of higher education or property that is owned by a school district and that is rented or leased to a person and is not used for instruction or student activities.

(b) "Weapon" means any type of firearm, a knife with a blade 4 or more inches in length, a sword, a straight razor, a throwing star, nun-chucks, or brass or other metal knuckles."

NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 1999.

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