Safety Law News for July 19, 2023

— In Florida, the District Court of Appeal reversed the refusal of the Circuit Court to issue a Risk Protection Order against a student who was caught on campus with a  Glock 42 .380 caliber handgun, a loaded magazine, and two boxes of Hornady Critical Defense ammunition.  The appellate court ruled that the Marjory Stoneman Douglas High School Public Safety Act, passed by the legislature following the February 14, 2018, shooting at Marjory Stoneman Douglas High School in Broward County School District, required the issuance of a risk protection order.  § 790.401(3)(b).  Three factors contained in the statute triggered the mandatory order: 1. A recent act or threat of violence by the respondent against himself or herself or others, whether or not such violence or threat of violence involves a firearm; 2. The unlawful or reckless use, display, or brandishing of a firearm by the respondent; and 3. Whether the respondent, in this state or any other state, has been arrested for, convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving violence or a threat of violence.  The student who had a pending prosecution for Assault with a Deadly Weapon.  Polk County Sheriff’s Office v. T.J.B.

— In New York, the nearly 4,000 unarmed school safety agents (SSAs) working in New York City public schools will start wearing bullet-resistant vests.  The officers will have to wear the vests both inside schools and outside schools during student arrivals and dismissals. “Close to 7,000 weapons were recovered by SSAs during the last school year and the confiscation of firearms reached double-digits. According to police data, 15 firearms were recovered in city public schools. The year prior, 21 firearms were recovered.”

— In Nevada, officials in the Douglas County School District are adding the elementary schools to its Safe School Volunteer Program.  The Safe School Volunteer program is a two-team volunteer patrol system on school campuses.  “The volunteers can act as that extra set of eyes and ears the students might need to feel safe and supported.”  Each team observes activity on the grounds and reports anything suspicious to the site administrator and school resource officer, whom would make the best determination of action to eliminate the threat.

— In Texas, House Bill 3 takes effect in September.  Its provisions require school districts to secure schools with armed officers and to train more staff to identify students who might need mental health support.  The law also grants the Texas Education Agency more authority to make sure schools comply.