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 school
building 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 in
a school
building on
school
property if
the person
purposely
and
knowingly
possesses,
carries, or
stores a
weapon in
a school
building in
or on
school
property.
(2) A
parent or
guardian of
a minor
commits
the offense
of allowing
possession
of a
weapon in
a school
building on
school
property if
the parent
or guardian
purposely
and
knowingly
permits the
minor to
possess,
carry, or
store a
weapon in
a school
building 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
a school
building 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
building"
"School
property"
means all
buildings
owned or
leased by a
local
school
district that
are used for
instruction
or for
student
activities
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"
"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.
- END -
Latest
Version of
SB 65
(SB0065.02)
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January 18,
1999
(9:53AM)
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