Safety Law News for September 20, 2024

— In Pennsylvania, the Superior Court of Pennsylvania upheld the adjudication of a student for “possession of a firearm with an altered manufacturer’s number, possession of a firearm by a minor, and possession of a weapon on school property.”  The weapon was “a loaded 9-mm pistol, which had its serial number filed off.”  The student challenged the evidence against him, claiming that he was not ever in actual possession of the firearm.  The facts showed that “a school resource officer…received a report of a student possibly carrying a firearm inside the school… when (the SRO) arrived at the reported location, other security officers removed (Student A) from a classroom. (who) admitted he had a gun…(that) he got it from a backpack in the vice principal’s office…(The SRO) learned that earlier that day, at approximately 11:50 a.m., a teacher had sent (the adjudicated student) to a vice principal’s office because he failed to display or show his school identification…(video evidence showed the adjudicated student) was carrying the backpack at the time… Videos from around 12:00 p.m. showed (the adjudicated student’s girlfriend) approach and interact with (Student A)… Videos also showed (Student A) go into the office without a backpack and then leave the office with the backpack.”  The court ruled that “where a juvenile is not in actual possession of the prohibited items, the Commonwealth must establish that he had constructive possession to support the conviction.”  The standard for constructive possession relies upon “facts from which the trier of fact can reasonably infer that the defendant exercised dominion and control over the contraband at issue…. Knowledge of the existence and location of the contraband is a necessary prerequisite to proving the juvenile’s intent to control, and, thus, his constructive possession.”  Affirming the adjudication was appropriate because the “evidence provided a reasoned basis for the court to infer that (the adjudicated student) had arranged for someone to take the gun and bookbag out of the office.”  In the Interest of: A.G.-M., A Minor

In Texas, House Bill 3, enacted by the legislature, requires an armed guard on every school campus.  Even so, a survey discloses that less than half of Texas school districts are in compliance.  HB 3 gives each campus $15,000, plus $10 per student.

— In California, the legislature failed to enact Assembly Bill 2441.  The provisions of the legislation would allow teachers to decide to call the police if a student possesses or uses controlled substances.  Also, school officials would no longer be allowed to charge students with a crime for willful disturbance.  “The bill is opposed by law enforcement organizations that fear a breakdown in their relationships with schools in the community. Further, it would make reporting mandatory only in a few specific situations involving a “major” injury to a teacher or the sale (but not possession) of drugs at school.”

— In Florida, HB 1473 now requires all schools to keep classroom, building and campus entrances and exits closed and locked when students are present. Under the provisions of the law entrances and exits that are open or unlocked must be actively staffed

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