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House File 5

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 708.1, unnumbered paragraph 3, Code
  1  2 1997, is amended to read as follows:
  1  3    Provided, that where the person doing any of the above
  1  4 enumerated acts is employed by a school district or accredited
  1  5 nonpublic school, or is an area education agency staff member
  1  6 who provides services to a school or school district, and
  1  7 intervenes in a fight or physical struggle, or other
  1  8 disruptive situation, that takes place in the presence of the
  1  9 employee or staff member performing employment duties in a
  1 10 school building, on school grounds, or at an official school
  1 11 function regardless of the location, the act shall not be an
  1 12 assault, whether the fight or physical struggle or other
  1 13 disruptive situation is between students or other individuals,
  1 14 if the degree and the force of the intervention is are
  1 15 reasonably necessary to restore order and to protect the
  1 16 safety of those assembled.  In addition, a person who is not a
  1 17 school district or accredited nonpublic school employee or
  1 18 area education agency staff member and who, in the absence of
  1 19 such an employee or staff member or at the request of such an
  1 20 employee or staff member, intervenes in a fight or physical
  1 21 struggle, or other disruptive situation, occurring in a school
  1 22 building, on school grounds, or at an official school function
  1 23 regardless of the location, does not commit assault, whether
  1 24 the fight or physical struggle or other disruptive situation
  1 25 is between students or other individuals if the degree and the
  1 26 force of the intervention are reasonably necessary to restore
  1 27 order and to protect the safety of those assembled.  However,
  1 28 a person who intervenes in the absence of a school district or
  1 29 accredited nonpublic school employee or area education agency
  1 30 staff member shall report the intervention and all relevant
  1 31 information surrounding the situation as soon as reasonably
  1 32 possible to such an employee or staff member.  
  1 33                           EXPLANATION
  1 34    This bill provides that a person who is not an employee of
  1 35 a school or an area education agency staff member does not
  2  1 commit an assault when forcibly intervening in a fight or
  2  2 other disturbance at a school or school function under certain
  2  3 circumstances.  A person who intervenes to stop a fight or
  2  4 other disturbance at the school or at a school function does
  2  5 not commit an assault if the intervention is necessary due to
  2  6 the absence of an employee or staff member or if the
  2  7 intervention is carried out at the request of an employee or
  2  8 staff member and the force used in the intervention is
  2  9 reasonably necessary to restore order and protect others.  The
  2 10 person is required to notify a school employee or area
  2 11 education agency staff member as soon as reasonably possible
  2 12 after the intervention.  
  2 13 LSB 1231HH 77
  2 14 lh/jw/5
     
Text: HF00004                           Text: HF00006
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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