Vermont H 97: An act relating to fiscal year 2019 budget adjustments

Status: Rep. Toll of Danville moved that the bill be committed to the committee on Appropriations which was agreed to. (as of 2019-04-24)

State: Vermont · Session: 2019-2020 · Bill: H 97

Sponsors: House Committee on Appropriations

Bill Text

BILL AS INTRODUCED H.97
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VT LEG #379637 v.1
H.97 1
Introduced by Representatives McCann of Montpelier, Arsenault of Williston, 2
Austin of Colchester, Bishop of Colchester, Black of Essex, 3
Bluemle of Burlington, Bos-Lun of Westminster, Burkhardt of 4
South Burlington, Chapin of East Montpelier, Cole of Hartford, 5
Dodge of Essex, Graning of Jericho, Headrick of Burlington, 6
Logan of Burlington, Masland of Thetford, McGill of Bridport, 7
Olson of Starksboro, Pouech of Hinesburg, Priestley of 8
Bradford, Rachelson of Burlington, Scheu of Middlebury, 9
Sibilia of Dover, Tomlinson of Winooski, Waszazak of Barre 10
City, White of Waitsfield, and Wood of Waterbury 11
Referred to Committee on 12
Date: 13
Subject: Crimes; possession of firearms and deadly weapons in schools and 14
childcare centers 15
Statement of purpose of bill as introduced: This bill proposes to prohibit 16
firearms and deadly weapons in schools, on school property, and at childcare 17
centers, except by law enforcement officers or with the approval of the school 18
board, superintendent, or principal, and except by a person at a childcare 19
facility located in the person’s residence. 20

BILL AS INTRODUCED H.97
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VT LEG #379637 v.1
An act relating to prohibiting firearms and deadly weapons in schools, on 1
school property, and at childcare centers 2
It is hereby enacted by the General Assembly of the State of Vermont: 3
Sec. 1. 13 V.S.A. § 4004 is amended to read: 4
§ 4004. POSSESSION OF DANGEROUS OR DEADLY WEAPON IN A 5
SCHOOL BUS OR SCHOOL BUILDING OR ON SCHOOL 6
PROPERTY 7
(a) No person shall knowingly possess a firearm or a dangerous or deadly 8
weapon while within a school building or, on a school bus, or on any school 9
property. A person who violates this section shall, for the first offense, be 10
imprisoned for not more than one year or fined not more than $1,000.00, or 11
both, and for a second or subsequent offense shall be imprisoned for not more 12
than three years or fined not more than $5,000.00, or both. 13
(b) No person shall knowingly possess a firearm or a dangerous or deadly 14
weapon on any school property with the intent to injure another person. A 15
person who violates this section shall, for the first offense, be imprisoned for 16
not more than three years or fined not more than $1,000.00, or both, and for a 17
second or subsequent offense shall be imprisoned for not more than five years 18
or fined not more than $5,000.00, or both. [Repealed.] 19
(c) This section shall not apply to: 20
(1) A law enforcement officer while engaged in law enforcement duties. 21

BILL AS INTRODUCED H.97
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VT LEG #379637 v.1
(2) Possession and use of firearms or dangerous or deadly weapons if 1
the board of school directors, or the superintendent or principal if delegated 2
authority to do so by the board, authorizes possession or use for specific 3
occasions or for instructional or other specific purposes. 4
(3) Possession and use of firearms or dangerous or deadly weapons by a 5
person at a childcare facility that is located in the person’s residence. 6
(d) As used in this section: 7
(1) “School property” means any property owned by a school, including 8
motor vehicles. 9
(2) “Owned by the school” means owned, leased, controlled, or 10
subcontracted by the school. 11
(3) “Dangerous or deadly weapon” shall have has the same meaning as 12
in section 4016 of this title. 13
(4) “Firearm” shall have has the same meaning as in section 4016 of this 14
title. 15
(5) “Law enforcement officer” shall have has the same meaning as in 16
section 4016 of this title. 17
(6) “School” includes: 18
(A) a prequalified private prekindergarten provider as defined in 19
16 V.S.A. § 829; and 20
(B) a childcare facility as defined in 33 V.S.A. § 511. 21

BILL AS INTRODUCED H.97
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VT LEG #379637 v.1
(e) The provisions of this section shall not limit or restrict any prosecution 1
for any other offense, including simple assault or aggravated assault. 2
Sec. 2. EFFECTIVE DATE 3
This act shall take effect on passage. 4

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