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Colorado House Bill HB1310

Colorado 2024 Regular Session

Colorado House Bill HB1310 Compare Versions

Only one version of the bill is available at this time.
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11 Second Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 24-0179.02 Conrad Imel x2313
88 HOUSE BILL 24-1310
99 House Committees Senate Committees
1010 Education
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING MEASURES TO IMPROVE SCHOOL SAFETY , AND, IN101
1414 CONNECTION THEREWITH , ESTABLISHING QUALIFICATIONS FOR102
1515 SCHOOL SECURITY OFFICERS AND REGULATING FIREARM103
1616 STORAGE ON SCHOOL GROUNDS .104
1717 Bill Summary
1818 (Note: This summary applies to this bill as introduced and does
1919 not reflect any amendments that may be subsequently adopted. If this bill
2020 passes third reading in the house of introduction, a bill summary that
2121 applies to the reengrossed version of this bill will be available at
2222 http://leg.colorado.gov
2323 .)
2424 The bill permits a school district, charter school, or board of
2525 cooperative services (local education provider) to employ or retain by
2626 contract a person as a school security officer only if:
2727 HOUSE SPONSORSHIP
2828 Parenti and Hamrick,
2929 SENATE SPONSORSHIP
3030 (None),
3131 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3232 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3333 Dashes through the words or numbers indicate deletions from existing law. ! The local education provider has a policy that governs
3434 security officers' engagement with students;
3535 ! The person completes school security officer or school
3636 resource officer training; and
3737 ! The person undergoes a background check and a
3838 psychological evaluation.
3939 The bill permits a school security officer to carry a handgun on
4040 school property if the school security officer holds a valid permit to carry
4141 a concealed handgun; completes firearms training, including ongoing
4242 in-service training; and passed the peace officer standards and training
4343 board's firearms skills test or an equivalent firearms skills test.
4444 Existing law prohibits carrying, bringing, or possessing a deadly
4545 weapon on school property and includes exceptions to the prohibition,
4646 including for the purpose of a school employee carrying out necessary
4747 duties and functions that require the use of a deadly weapon. The bill
4848 repeals the exception for a school employee carrying out the employee's
4949 duties and expressly permits a school security officer to carry a handgun
5050 on school grounds, as described above.
5151 The bill prohibits a school or law enforcement agency from storing
5252 firearms on the grounds of a public or private elementary, middle, junior
5353 high, or high school.
5454 Be it enacted by the General Assembly of the State of Colorado:1
5555 SECTION 1. Legislative declaration. (1) The general assembly2
5656 finds and declares that:3
5757 (a) Acts of school and workplace violence, whether accidental or4
5858 intentional, threaten life, safety, and security;5
5959 (b) The safety and security of students and staff in our schools is6
6060 of utmost importance to the entire state; and7
6161 (c) Education and training for school security personnel can8
6262 reduce the risk of injury or death by firearms in our schools.9
6363 (2) Therefore, the general assembly finds it necessary to establish10
6464 minimum qualifications for school security officers and requirements for11
6565 school security officers to carry firearms on school grounds.12
6666 SECTION 2. In Colorado Revised Statutes, add 22-1-144 as13
6767 HB24-1310-2- follows:1
6868 22-1-144. School security officers - qualifications - authority2
6969 to possess a handgun on school grounds - definitions. (1) A
7070 S USED IN3
7171 THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :4
7272 (a) "L
7373 ICENSED OR AUTHORIZED PERSON " MEANS A PERSON WHO5
7474 HOLDS A VALID TEACHER LICENSE, SPECIAL SERVICES LICENSE, PRINCIPAL6
7575 LICENSE, ADMINISTRATOR LICENSE, OR AUTHORIZATION ISSUED PURSUANT7
7676 TO ARTICLE 60.5 OF THIS TITLE 22.8
7777 (b) "L
7878 OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A9
7979 CHARTER SCHOOL AUTHORIZED BY A SC HOOL DISTRICT PURSUANT TO PART10
8080 1
8181 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY11
8282 THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE12
8383 30.5
8484 OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED13
8585 AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT14
8686 OPERATES ONE OR MORE PUBLIC SCHOOLS .15
8787 (c) "P.O.S.T.
8888 BOARD" MEANS THE PEACE OFFICERS STANDARDS16
8989 AND TRAINING BOARD CREATED IN SECTION 24-31-302.17
9090 (d) (I) "S
9191 CHOOL SECURITY OFFICER" MEANS A PERSON WHO IS18
9292 EMPLOYED OR RETAINED BY CONTRACT BY A LOCAL EDUCATION PROVIDER19
9393 PURSUANT TO SUBSECTION (2) OF THIS SECTION AND WHOSE PRIMARY20
9494 DUTIES DIRECTLY INVOLVE THE PROTECTION OF STUDENTS , OTHER21
9595 PERSONS, AND SCHOOL BUILDINGS AND GROUNDS .22
9696 (II) "S
9797 CHOOL SECURITY OFFICER" DOES NOT INCLUDE:23
9898 (A) A
9999 LICENSED OR AUTHORIZED PERSON WHO , AS PART OF THE24
100100 PERSON'S EMPLOYMENT OR CONTRACT WITH A LOCAL EDUCATION25
101101 PROVIDER, PERFORMS DUTIES WITHIN THE SCOPE OF THE PERSON'S LICENSE26
102102 OR AUTHORIZATION;27
103103 HB24-1310
104104 -3- (B) A PERSON WHO IS NOT A LICENSED OR AUTHORIZED PERSON ,1
105105 WHO IS EMPLOYED OR RETAINED BY CONTRACT BY A DISTRICT CHARTER2
106106 SCHOOL OR INSTITUTE CHARTER SCHOOL TO PERFORM DUTIES FOR WHICH3
107107 THE REQUIREMENT FOR THE SCHOOL TO HIRE OR RETAIN LICENSED OR4
108108 AUTHORIZED PERSONS IS WAIVED PURSUANT TO SECTION 22-30.5-104 (6)5
109109 OR 22-30.5-507 (7); OR6
110110 (C) A
111111 SCHOOL RESOURCE OFFICER , AS DEFINED IN SECTION7
112112 22-32-109.1.8
113113 (2) A
114114 LOCAL EDUCATION PROVIDER MAY EMPLOY OR RETAIN BY9
115115 CONTRACT A PERSON AS A SCHOOL SECURITY OFFICER ONLY IF :10
116116 (a) T
117117 HE LOCAL EDUCATION PROVIDER HAS A POLICY FOR SCHOOL11
118118 SECURITY OFFICERS THAT GOVERNS WHEN AND HOW A SCHOOL SECURITY12
119119 OFFICER ENGAGES WITH STUDENTS ;13
120120 (b) T
121121 HE PERSON EMPLOYED OR RETAINED AS A SCHOOL SECURITY14
122122 OFFICER HAS:15
123123 (I) C
124124 OMPLETED A SCHOOL SECURITY OFFICER TRAINING COURSE ,16
125125 OR AN EQUIVALENT COURSE , PROVIDED OR CERTIFIED BY A NATIONAL17
126126 ORGANIZATION OF SCHOOL RESOURCE OFFICERS THAT REQUIRES AT LEAST18
127127 TWENTY-FOUR HOURS OF INSTRUCTION AND INCLUDES INSTRUCTION ON19
128128 COMMUNICATING WITH YOUTH , IDENTIFYING AND RESPONDING TO20
129129 BEHAVIORAL AND MENTAL HEALTH ISSUES , AND DE-ESCALATION21
130130 STRATEGIES; OR22
131131 (II) C
132132 OMPLETED SCHOOL RESOURCE OFFICER TRAINING THAT23
133133 SATISFIES THE CURRICULUM IDENTIFIED BY THE PEACE OFFICER24
134134 STANDARDS AND TRAINING BOARD PURSUANT TO SECTION 24-31-312;25
135135 (c) (I) I
136136 F THE PERSON IS AN EMPLOYEE OF THE SCHOOL DISTRICT OR26
137137 CHARTER SCHOOL; THE PERSON HAS SUBMITTED TO A BACKGROUND27
138138 HB24-1310
139139 -4- INVESTIGATION AS DESCRIBED IN SECTION 22-30.5-110.5, 22-30.5-511.5,1
140140 OR 22-32-109.8, AS APPLICABLE; AND NOTWITHSTANDING SECTION2
141141 22-30.5-110.7
142142 (5) OR 22-32-109.8 (5), AS APPLICABLE, THE SCHOOL3
143143 DISTRICT OR CHARTER SCHOOL HAS RECEIVED FAVORABLE RESULTS OF THE4
144144 PERSON'S BACKGROUND CHECK; OR5
145145 (II) I
146146 F THE PERSON IS RETAINED BY CONTRACT BY A SCHOOL6
147147 DISTRICT, THE CONTRACT COMPLIES WITH THE BACKGROUND CHECK7
148148 REQUIREMENTS IN SECTION 22-32-122 (4); OR IF THE PERSON IS RETAINED8
149149 BY CONTRACT BY A CHARTER SCHOOL , THE CONTRACT REQUIRES A9
150150 BACKGROUND CHECK OF THE PERSON THAT SATISFIES THE REQUIREMENTS10
151151 IN SECTION 22-32-122 (4); AND THE SCHOOL DISTRICT OR CHARTER11
152152 SCHOOL HAS RECEIVED FAVORABLE RESULTS OF THE PERSON 'S12
153153 BACKGROUND CHECK ; AND13
154154 (d) W
155155 ITHIN SIX MONTHS BEFORE THE DATE OF EMPLOYMENT OR14
156156 BEING RETAINED BY CONTRACT AS A SCHOOL SECURITY OFFICER , THE15
157157 PERSON HAS UNDERGONE A PSYCHOLOGICAL EVALUATION PERFORMED BY16
158158 EITHER A COLORADO-LICENSED PSYCHOLOGIST OR A COLORADO-LICENSED17
159159 PSYCHIATRIST.18
160160 (3) A
161161 SCHOOL SECURITY OFFICER MAY ONLY POSSESS A HANDGUN ,19
162162 AS DEFINED IN SECTION 18-12-101, WHILE ON DUTY IN OR ON THE REAL20
163163 ESTATE AND ALL IMPROVEMENTS ERECTED THEREON OF ANY PUBLIC21
164164 ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH SCHOOL OPERATED BY THE22
165165 LOCAL EDUCATION PROVIDER IF THE SCHOOL SECURITY OFFICER :23
166166 (a) H
167167 OLDS A VALID PERMIT TO CARRY A CONCEALED HANDGUN24
168168 ISSUED PURSUANT TO PART 2 OF ARTICLE 12 OF TITLE 18;25
169169 (b) H
170170 AS COMPLETED A MINIMUM OF TWENTY -FOUR HOURS OF26
171171 INITIAL FIREARMS TRAINING WITHIN TWELVE MONTHS BEFORE STARTING27
172172 HB24-1310
173173 -5- WORK AS A SCHOOL SECURITY OFFICER THAT INCLUDES :1
174174 (I) A
175175 T LEAST FOUR HOURS OF CLASSROOM INSTRUCTION THAT2
176176 INCLUDES INSTRUCTION ON FIREARMS SAFETY , USE OF DEADLY FORCE,3
177177 LEGAL PRINCIPLES RELATED TO FIREARM USE , AND WEAPONS RETENTION4
178178 IN A SCHOOL ENVIRONMENT;5
179179 (II) A
180180 T LEAST TEN HOURS OF LIVE FIRE RANGE TRAINING EXERCISES6
181181 THAT INCLUDE ACTIVE SHOOTER TRAINING CONCEPTS ; AND7
182182 (III) A
183183 T LEAST SIX HOURS OF SCHOOL ACTIVE SHOOTER TRAINING ,8
184184 WHICH MAY INCLUDE CLASSROOM INSTRUCTION AND SIMULATED9
185185 TRAINING;10
186186 (c) A
187187 NNUALLY COMPL ETES A MINIMUM OF SIXTEEN HOURS OF11
188188 ANNUAL IN-SERVICE TRAINING THAT INCLUDES:12
189189 (I) A
190190 T LEAST EIGHT HOURS OF LIVE FIRE RANGE TRAINING13
191191 EXERCISES THAT INCLUDE ACTIVE SHOOTER TRAINING CONCEPTS ; AND14
192192 (II) A
193193 T LEAST EIGHT HOURS OF SCHOOL ACTIVE SHOOTER TRAINING15
194194 THAT INCLUDES CLASSROOM INSTRUCTION AND SIMULATED TRAINING ;16
195195 AND17
196196 (d) P
197197 ASSED THE P.O.S.T. BOARD'S FIREARMS SKILLS TEST OR AN18
198198 EQUIVALENT FIREARMS SKILLS TEST ADMINISTERED BY A P.O.S.T.19
199199 BOARD-CERTIFIED FIREARMS INSTRUCTOR AT THE COMPLETION OF INITIAL20
200200 TRAINING DESCRIBED IN SUBSECTION (3)(b) OF THIS SECTION AND AT THE21
201201 COMPLETION OF IN-SERVICE TRAINING DESCRIBED IN SUBSECTION (3)(c) OF22
202202 THIS SECTION. THIS SUBSECTION (3)(d) DOES NOT REQUIRE A SCHOOL23
203203 SECURITY OFFICER TO BE CERTIFIED BY THE P.O.S.T. BOARD.24
204204 SECTION 3. In Colorado Revised Statutes, 22-2-117, amend25
205205 (1.5) as follows:26
206206 22-2-117. Additional power - state board - waiver of27
207207 HB24-1310
208208 -6- requirements - rules. (1.5) Notwithstanding any provision of this1
209209 section or any other provision of law, the state board shall not waive2
210210 requirements contained in article 11 of this title TITLE 22 or sections3
211211 22-1-144, 22-7-1006.3, 22-32-105, 22-32-109 (1)(bb)(I) and (2),4
212212 22-32-109.1 (2)(a), 22-32-146, and 22-33-104 (4).5
213213 SECTION 4. In Colorado Revised Statutes, 18-12-101, add6
214214 (1)(g.8) as follows:7
215215 18-12-101. Peace officer affirmative defense - definitions.8
216216 (1) As used in this article 12, unless the context otherwise requires:9
217217 (g.8) "S
218218 CHOOL SECURITY OFFICER" MEANS A PERSON WHO IS10
219219 EMPLOYED OR RETAINED BY CONTRACT AS A SCHOOL SECURITY OFFICER11
220220 BY A LOCAL EDUCATION PROVIDER PURSUANT TO SECTION 22-1-144.12
221221 SECTION 5. In Colorado Revised Statutes, 18-12-105.5, amend13
222222 (1)(a) and (3) introductory portion; and add (3)(e.5) and (4) as follows:14
223223 18-12-105.5. Unlawfully carrying a weapon - unlawful15
224224 possession of weapons - school, college, or university grounds.16
225225 (1) (a) A person shall not knowingly and unlawfully and without legal17
226226 authority carry, bring, or have in the person's possession a deadly weapon18
227227 as defined in section 18-1-901 (3)(e) in or on the real estate and all19
228228 improvements erected thereon of any public or private elementary,20
229229 middle, junior high, high, or vocational school or any public or private21
230230 college, university, or seminary, except for the purpose of:22
231231 (I) Presenting an authorized public demonstration or exhibition23
232232 pursuant to instruction in conjunction with an organized school or class;24
233233 for the purpose of carrying out the necessary duties and functions of an
234234 25
235235 employee of an educational institution that require the use of a deadly26
236236 weapon, or for the purpose of OR27
237237 HB24-1310
238238 -7- (II) Participation in an authorized extracurricular activity or on an1
239239 athletic team.2
240240 (3) It shall not be IS NOT an offense under PURSUANT TO3
241241 SUBSECTION (1) OF this section if:4
242242 (e.5) T
243243 HE PERSON IS A SCHOOL SECURITY OFFICER AND CARRYING5
244244 OUT THE DUTIES OF A SCHOOL SECURITY OFFICER; IF THE DEADLY WEAPON6
245245 IS A HANDGUN; AND THE PERSON SATISFIES THE REQUIREMENTS SET FORTH7
246246 IN SECTION 22-1-144 (3); OR8
247247 (4) (a) N
248248 OTWITHSTANDING ANY AUTHORITY GRANTED IN THIS9
249249 SECTION TO THE CONTRARY, A SCHOOL, LAW ENFORCEMENT AGENCY , OR10
250250 ANY OTHER ENTITY SHALL NOT STORE FIREARMS IN OR ON THE REAL11
251251 ESTATE AND ALL IMPROVEMENTS ERECTED THEREON OF A PUBLIC OR12
252252 PRIVATE ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH SCHOOL.13
253253 (b) T
254254 HIS SUBSECTION (4) DOES NOT APPLY TO THE STORAGE OF A14
255255 FIREARM:15
256256 (I) F
257257 OR USE IN AN EDUCATIONAL PROGRAM APPROVED BY A16
258258 SCHOOL WHICH INCLUDES, BUT IS NOT LIMITED TO, A HUNTER EDUCATION17
259259 COURSE OFFERED PURSUANT TO SECTION 22-1-134 OR A COURSE DESIGNED18
260260 FOR THE REPAIR OR MAINTENANCE OF WEAPONS ;19
261261 (II) B
262262 Y A LAW ENFORCEMENT OFFICER IN THE LAW ENFORCEMENT20
263263 OFFICER'S VEHICLE THAT IS ON SCHOOL GROUNDS, IN CONFORMANCE WITH21
264264 THE POLICY OF THE OFFICER'S EMPLOYING AGENCY; AND22
265265 (III) B
266266 Y A LAW ENFORCEMENT OFFICER , INCLUDING A SCHOOL23
267267 RESOURCE OFFICER, WHILE THE OFFICER IS PRESENT ON SCHOOL GROUNDS,24
268268 IN A LOCKED GUN SAFE THAT IS IN A LOCKED ROOM OR CLOSET , AND THE25
269269 GUN SAFE AND ROOM OR CLOSET ARE ONLY ACCESSIBLE TO THE OFFICER .26
270270 SECTION 6. In Colorado Revised Statutes, 18-12-214, amend27
271271 HB24-1310
272272 -8- (3)(b) as follows:1
273273 18-12-214. Authority granted by permit - carrying restrictions2
274274 - local authority. (3) A permit issued pursuant to this part 2 does not3
275275 authorize a person to carry a concealed handgun onto the real property,4
276276 or into any improvements erected thereon, of a public elementary, middle,5
277277 junior high, or high school; except that:6
278278 (b) I
279279 F THE PERMITTEE SATISFIES THE REQUIREMENTS SET FORTH IN7
280280 SECTION 22-1-144 (3), a permittee who is employed or retained by
281281 8
282282 contract by a school district or charter school as a school security officer9
283283 may carry a concealed handgun onto the real property, or into any10
284284 improvement erected thereon, of a public elementary, middle, junior high,11
285285 or high school while the permittee is on duty;12
286286 SECTION 7. Act subject to petition - effective date. This act13
287287 takes effect at 12:01 a.m. on the day following the expiration of the14
288288 ninety-day period after final adjournment of the general assembly; except15
289289 that, if a referendum petition is filed pursuant to section 1 (3) of article V16
290290 of the state constitution against this act or an item, section, or part of this17
291291 act within such period, then the act, item, section, or part will not take18
292292 effect unless approved by the people at the general election to be held in19
293293 November 2024 and, in such case, will take effect on the date of the20
294294 official declaration of the vote thereon by the governor.21
295295 HB24-1310
296296 -9-