Senate
Study
Bill
1070
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
SAFETY
BILL)
A
BILL
FOR
An
Act
relating
to
the
establishment
and
implementation
of
1
the
safe
and
sound
program
within
the
department
of
public
2
safety,
to
participation
in
or
use
of
the
program
by
schools
3
and
students,
to
immunity
from
civil
or
criminal
liability
4
arising
from
a
report
made
pursuant
to
the
program,
and
to
a
5
safe
and
sound
revolving
fund,
and
providing
penalties.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
22.7,
Code
2021,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
74.
Information
and
reports
obtained
and
3
prepared
by
any
individual
receiving
anonymous
reports
pursuant
4
to
section
80.48.
5
Sec.
2.
NEW
SECTION
.
80.48
Safe
and
sound
program.
6
1.
For
purposes
of
this
section,
“school
entities”
7
means
school
districts
or
accredited
nonpublic
schools
in
8
Iowa
offering
instruction
at
any
or
all
levels
from
the
9
prekindergarten
level
through
grade
twelve,
and
includes
the
10
board
of
directors
of
a
school
district,
the
authorities
in
11
charge
of
accredited
nonpublic
schools,
and
school
personnel
12
employed
by
a
school
district
or
accredited
nonpublic
school.
13
2.
A
safe
and
sound
program
is
established
within
the
14
department
for
purposes
of
developing
and
implementing
a
system
15
for
receiving
anonymous
reports
and
other
information
from
the
16
public
in
regard
to
potential
self-harm
and
potential
harm
or
17
criminal
acts
including
threats
of
violence,
sexual
abuse,
18
assault,
or
bullying
directed
at
school
students
or
school
19
entities.
20
3.
The
program
shall
include
all
of
the
following:
21
a.
Establishing
a
statewide,
twenty-four-hours-a-day,
22
seven-days-a-week,
toll-free
hotline,
internet
site,
and
mobile
23
application
for
the
purpose
of
receiving
reports
in
accordance
24
with
this
section.
25
b.
Establishing
methods
and
procedures
to
ensure
that
26
the
identity
of
any
reporting
party
remains
unknown
to
all
27
persons,
including
but
not
limited
to
law
enforcement
officers
28
and
employees
operating
the
hotline,
internet
site,
or
mobile
29
application.
30
c.
Ensuring
that
the
identity
of
an
individual
making
a
31
report,
who
voluntarily
discloses
the
individual’s
identity
and
32
verifies
the
individual’s
willingness
to
be
identified,
may
be
33
shared
with
law
enforcement
officers
and
school
entities.
34
d.
Ensuring
that
if
the
identity
of
an
individual
making
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a
report
becomes
known
through
a
means
other
than
voluntary
1
disclosure,
the
identity
is
not
further
disclosed.
2
e.
(1)
Establishing
procedures
to
review
all
information
3
submitted
through
the
hotline,
internet
site,
and
mobile
4
application
and
report
that
information,
including
any
analysis
5
of
the
potential
threat,
to
the
appropriate
law
enforcement
6
agency
and
school
entities,
as
determined
by
the
department
by
7
rule.
The
program
shall
work
with
school
entities
and
local
8
law
enforcement
agencies
to
identify
each
person
to
whom
a
9
report
from
the
program
shall
be
sent.
10
(2)
The
department
shall
not
be
held
liable
for
the
11
investigation
of
information
reported
to
the
program
following
12
confirmation
of
receipt
of
the
report
by
the
appropriate
law
13
enforcement
agency
or
school
entity.
14
f.
In
consultation
with
the
department
of
education,
15
providing
training
and
instruction
to
individuals,
including
16
but
not
limited
to
individuals
at
law
enforcement
agencies
and
17
school
entities,
on
appropriate
awareness
and
response
to
the
18
program.
The
program
shall
provide
guidance
for
the
violence
19
prevention
curricula
developed
in
accordance
with
section
20
280.9B.
21
g.
Developing
and
implementing
program
awareness
initiatives
22
and
providing
related
educational
materials
to
school
entities.
23
h.
In
consultation
with
the
department
of
education,
24
establishing
guidelines
that
school
entities
may
utilize
to
25
respond
to
a
report
sent
by
the
program.
26
i.
In
consultation
with
the
departments
of
education,
27
human
services,
and
public
health
and
the
office
of
the
28
attorney
general,
create
a
threat
assessment
team
to
assist
29
law
enforcement
agencies
and
school
entities
to
respond
30
appropriately
to
information
reported
in
accordance
with
this
31
section.
Each
such
department
or
office
shall
designate
one
32
employee
to
serve
on
the
threat
assessment
team.
The
team
33
may
assist
any
school
entity
at
the
request
of
local
law
34
enforcement
and
school
officials
or
administrators.
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4.
A
person
participating
in
good
faith
in
the
making
of
1
a
report
in
accordance
with
this
section
shall
have
immunity
2
from
any
liability,
civil
or
criminal,
which
might
otherwise
3
be
incurred
or
imposed
as
a
result
of
information
shared
4
in
accordance
with
this
section
or
learned
as
a
result
of
5
information
shared
in
accordance
with
this
section.
The
person
6
shall
have
the
same
immunity
with
respect
to
participating
in
7
good
faith
in
any
judicial
proceeding
resulting
from
the
report
8
or
relating
to
the
subject
matter
of
the
report.
9
5.
A
safe
and
sound
revolving
fund
is
created
in
the
10
state
treasury
under
the
control
of
the
department.
Any
11
moneys
annually
appropriated,
granted,
or
credited
to
the
12
fund,
including
any
federal
moneys,
are
appropriated
to
the
13
department
for
the
safe
and
sound
program.
Notwithstanding
14
section
8.33,
moneys
remaining
in
the
revolving
fund
at
the
15
end
of
the
fiscal
year
shall
not
revert
to
the
general
fund
16
but
shall
remain
available
for
the
purposes
of
this
section.
17
Notwithstanding
section
12C.7,
subsection
2,
interest
and
18
earnings
on
moneys
deposited
in
the
revolving
fund
shall
be
19
credited
to
the
revolving
fund.
20
Sec.
3.
Section
280.9B,
Code
2021,
is
amended
to
read
as
21
follows:
22
280.9B
Violence
prevention
curriculum.
23
The
department
of
education
shall
develop
a
statewide
24
violence
prevention
program
based
on
law-related
education.
25
The
department
shall
contract
with
a
law-related
education
26
agency
that
serves
the
state
and
provides
a
comprehensive
27
plan
to
develop
violence
prevention
curricula
for
grades
28
kindergarten
through
twelve,
provide
training
to
teachers
and
29
school
administrators
on
violence
prevention,
and
develop
30
school-community
partnerships
for
violence
prevention.
The
31
department
of
education
shall
include
in
the
curricula
32
instruction
on
the
safe
and
sound
program
established
under
33
section
80.48
and
how
students
can
use
the
safe
and
sound
34
program.
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Sec.
4.
NEW
SECTION
.
280.18
Safe
and
sound
program
——
1
participation
requirements.
2
The
board
of
directors
of
a
school
district
and
authorities
3
in
charge
of
each
accredited
nonpublic
school
shall
display
4
materials
related
to
the
safe
and
sound
program,
established
5
pursuant
to
section
80.48,
in
at
least
three
locations
within
6
every
school
building,
and
shall
designate
least
two
members
of
7
the
licensed
instructional
staff
to
receive
information
that
is
8
reported
to
the
safe
and
sound
program.
9
Sec.
5.
Section
280.30,
subsection
1,
Code
2021,
is
amended
10
to
read
as
follows:
11
1.
The
board
of
directors
of
a
school
district
and
the
12
authorities
in
charge
of
each
accredited
nonpublic
school
shall
13
develop
do
all
of
the
following:
14
a.
Develop
a
high-quality
emergency
operations
plan
for
15
the
district
and
individual
school
buildings
in
which
students
16
are
educated
no
later
than
June
30,
2019
.
The
plan
shall
17
include
but
not
be
limited
to
responses
to
active
shooter
18
scenarios
and
natural
disasters.
The
plan
shall
provide
that
19
any
alert
regarding
an
emergency
situation
that
is
transmitted
20
to
school
personnel
or
students
by
electronic
means
shall
21
also
be
transmitted
to
the
employer
of
any
individual
who
is
22
not
a
school
employee
but
who
is
required
as
a
part
of
the
23
individual’s
employment
to
regularly
be
present
in
a
school
24
building
during
the
school
year.
The
plan
shall
include
25
publication
of
procedures
for
school
personnel,
parents,
and
26
guardians
to
report
possible
threats
to
the
safety
of
students
27
or
school
personnel
on
school
grounds
or
at
school
activities.
28
The
board
and
authorities
shall
consider
any
recommendations
29
of
the
department
of
education
relating
to
the
development
of
30
a
high-quality
emergency
operations
plan
and
shall
consult
31
with
local
emergency
management
coordinators
and
local
law
32
enforcement
agencies
in
the
development
of
the
plan.
The
board
33
and
authorities
shall
review
and
update
the
plan
on
an
annual
34
basis.
The
plan
shall
be
confidential
and
shall
not
be
a
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public
record
subject
to
disclosure
under
chapter
22
.
1
b.
Submit
the
emergency
operations
plan
developed
pursuant
2
to
paragraph
“a”
,
and
any
updates
to
the
plan,
to
the
department
3
of
education.
The
department
may
share
such
plans
with
law
4
enforcement
agencies.
The
confidentiality
provisions
of
5
paragraph
“a”
shall
apply
to
any
agency
receiving
an
emergency
6
operations
plan
pursuant
to
this
paragraph.
7
Sec.
6.
Section
719.1A,
Code
2021,
is
amended
to
read
as
8
follows:
9
719.1A
Providing
false
identification
information.
10
1.
A
person
who
knowingly
provides
false
identification
11
information
to
anyone
known
by
the
person
to
be
a
peace
12
officer,
emergency
medical
care
provider
under
chapter
147A
,
13
or
fire
fighter,
whether
paid
or
volunteer,
in
the
performance
14
of
any
act
which
is
within
the
scope
of
the
lawful
duty
or
15
authority
of
that
officer,
emergency
medical
care
provider,
or
16
fire
fighter,
commits
a
simple
misdemeanor.
17
2.
A
person
who
knowingly
provides
false
identification
18
information
through
the
safe
and
sound
toll-free
hotline,
19
internet
site,
or
mobile
application
established
pursuant
to
20
section
80.48,
commits
a
simple
misdemeanor.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
provides
for
the
establishment
of
the
safe
25
and
sound
program
within
the
department
of
public
safety,
26
for
participation
in
or
use
of
the
program
by
schools
and
27
students,
and
for
penalties
for
providing
false
identification
28
information
through
the
program.
29
The
safe
and
sound
program
is
established
for
purposes
of
30
developing
and
implementing
a
system
for
receiving
anonymous
31
reports
and
other
information
from
the
public
in
regard
32
to
potential
self-harm
and
potential
harm
or
criminal
acts
33
including
threats
of
violence,
sexual
abuse,
assault,
or
34
bullying
directed
at
school
students
and
school
entities.
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The
bill
defines
“school
entities”
as
school
districts
or
1
accredited
nonpublic
schools
offering
instruction
at
any
or
all
2
levels
from
the
prekindergarten
level
through
grade
12,
and
3
includes
school
boards,
the
authorities
in
charge
of
accredited
4
nonpublic
schools,
and
school
personnel
employed
by
a
school
5
district
or
accredited
nonpublic
school.
6
The
program
must
establish
a
statewide
toll-free
hotline,
7
internet
site,
and
mobile
application
for
receiving
the
8
anonymous
reports.
9
The
program
must
also
establish
methods
and
procedures
10
to
ensure
that
the
identity
of
any
reporting
party
remains
11
anonymous
to
all
unless
the
individual
making
the
report
12
voluntarily
discloses
the
individual’s
identity
and
indicates
a
13
willingness
to
be
identified,
at
which
point
that
individual’s
14
identity
may
be
shared
with
law
enforcement
officers
and
school
15
entities.
16
The
program
must
establish
procedures
for
reviewing
the
17
information
received
and
for
reporting
that
information,
18
including
any
analysis
of
the
potential
threat,
to
the
19
appropriate
law
enforcement
agency,
or
school
entity,
as
20
determined
by
the
department
by
rule.
The
program
must
work
21
with
local
law
enforcement
agencies
and
school
entities
to
22
identify
each
person
to
whom
a
report
from
the
program
shall
23
be
sent.
24
Once
the
program
reports
information
to
the
appropriate
25
law
enforcement
agency
or
school
official,
or
entity,
and
the
26
receiving
entity
confirms
receipt
of
the
report,
the
department
27
shall
not
be
held
liable
for
investigation
of
the
information
28
reported.
A
person
participating
in
good
faith
in
the
making
29
of
a
report
or
participating
in
any
judicial
proceeding
30
resulting
from
the
report
shall
have
immunity
from
any
civil
or
31
criminal
liability
which
would
otherwise
be
imposed
as
a
result
32
of
information
shared
under
the
program
or
learned
as
a
result
33
of
information
shared
under
the
program.
34
The
program
must
provide,
in
consultation
with
the
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department
of
education,
training
and
instruction
to
1
individuals,
including
but
not
limited
to
school
entities
and
2
law
enforcement
agencies,
on
appropriate
awareness
and
response
3
to
the
program;
must
develop
and
implement
program
awareness
4
initiatives
and
provide
related
educational
materials
to
school
5
entities;
and
must
establish
guidelines
that
school
entities
6
may
utilize
to
respond
to
a
report
sent
by
the
program.
7
In
consultation
with
the
departments
of
education,
human
8
services,
and
public
health
and
the
office
of
the
attorney
9
general,
the
program
must
create
a
threat
assessment
team
to
10
assist
law
enforcement
agencies
and
school
entities
to
respond
11
appropriately
to
information
reported.
Each
such
department
or
12
office
must
designate
one
employee
to
serve
on
the
team.
The
13
team
may
assist
any
school
entity
at
the
request
of
local
law
14
enforcement
and
school
officials
or
administrators.
15
Information
and
reports
provided
through
the
program
are
16
confidential
under
Code
section
22.7.
17
The
bill
creates
a
safe
and
sound
revolving
fund
in
the
18
state
treasury
under
the
control
of
the
department.
Any
moneys
19
annually
appropriated,
granted,
or
credited
to
the
fund,
20
are
appropriated
to
the
department
for
the
program.
Moneys
21
remaining
in
the
revolving
fund
at
the
end
of
the
fiscal
year
22
do
not
revert
to
the
general
fund
but
shall
remain
available
23
for
the
safe
and
sound
program.
Interest
and
earnings
on
24
moneys
in
the
revolving
fund
are
credited
to
the
revolving
25
fund.
26
Currently,
the
department
of
education
is
responsible
27
for
developing
a
statewide
violence
prevention
program
and
28
curricula.
The
bill
requires
that
the
department
include
in
29
the
curricula
instruction
on
the
safe
and
sound
program
and
how
30
students
can
use
the
program.
31
School
boards
and
accredited
nonpublic
school
authorities
32
must
display
materials
related
to
the
safe
and
sound
program
33
in
at
least
three
locations
within
every
school
building;
34
designate
at
least
two
members
of
the
licensed
instructional
35
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S.F.
_____
H.F.
_____
staff
to
receive
information
that
is
reported
to
the
safe
and
1
sound
program;
and
submit
the
school’s
emergency
operations
2
plans
and
any
updates
to
the
plans
to
the
department
of
3
education.
The
department
may
share
such
plans
with
law
4
enforcement
agencies.
5
Under
the
bill,
a
person
who
knowingly
provides
false
6
identification
information
through
the
safe
and
sound
toll-free
7
hotline,
internet
site,
or
mobile
application
commits
a
simple
8
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
9
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
10
more
than
$855.
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