Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0179.02 Conrad Imel x2313 HOUSE BILL 24-1310 House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING MEASURES TO IMPROVE SCHOOL SAFETY , AND, IN101 CONNECTION THEREWITH , ESTABLISHING QUALIFICATIONS FOR102 SCHOOL SECURITY OFFICERS AND REGULATING FIREARM103 STORAGE ON SCHOOL GROUNDS .104 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill permits a school district, charter school, or board of cooperative services (local education provider) to employ or retain by contract a person as a school security officer only if: HOUSE SPONSORSHIP Parenti and Hamrick, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. ! The local education provider has a policy that governs security officers' engagement with students; ! The person completes school security officer or school resource officer training; and ! The person undergoes a background check and a psychological evaluation. The bill permits a school security officer to carry a handgun on school property if the school security officer holds a valid permit to carry a concealed handgun; completes firearms training, including ongoing in-service training; and passed the peace officer standards and training board's firearms skills test or an equivalent firearms skills test. Existing law prohibits carrying, bringing, or possessing a deadly weapon on school property and includes exceptions to the prohibition, including for the purpose of a school employee carrying out necessary duties and functions that require the use of a deadly weapon. The bill repeals the exception for a school employee carrying out the employee's duties and expressly permits a school security officer to carry a handgun on school grounds, as described above. The bill prohibits a school or law enforcement agency from storing firearms on the grounds of a public or private elementary, middle, junior high, or high school. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) Acts of school and workplace violence, whether accidental or4 intentional, threaten life, safety, and security;5 (b) The safety and security of students and staff in our schools is6 of utmost importance to the entire state; and7 (c) Education and training for school security personnel can8 reduce the risk of injury or death by firearms in our schools.9 (2) Therefore, the general assembly finds it necessary to establish10 minimum qualifications for school security officers and requirements for11 school security officers to carry firearms on school grounds.12 SECTION 2. In Colorado Revised Statutes, add 22-1-144 as13 HB24-1310-2- follows:1 22-1-144. School security officers - qualifications - authority2 to possess a handgun on school grounds - definitions. (1) A S USED IN3 THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :4 (a) "L ICENSED OR AUTHORIZED PERSON " MEANS A PERSON WHO5 HOLDS A VALID TEACHER LICENSE, SPECIAL SERVICES LICENSE, PRINCIPAL6 LICENSE, ADMINISTRATOR LICENSE, OR AUTHORIZATION ISSUED PURSUANT7 TO ARTICLE 60.5 OF THIS TITLE 22.8 (b) "L OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A9 CHARTER SCHOOL AUTHORIZED BY A SC HOOL DISTRICT PURSUANT TO PART10 1 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY11 THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE12 30.5 OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED13 AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT14 OPERATES ONE OR MORE PUBLIC SCHOOLS .15 (c) "P.O.S.T. BOARD" MEANS THE PEACE OFFICERS STANDARDS16 AND TRAINING BOARD CREATED IN SECTION 24-31-302.17 (d) (I) "S CHOOL SECURITY OFFICER" MEANS A PERSON WHO IS18 EMPLOYED OR RETAINED BY CONTRACT BY A LOCAL EDUCATION PROVIDER19 PURSUANT TO SUBSECTION (2) OF THIS SECTION AND WHOSE PRIMARY20 DUTIES DIRECTLY INVOLVE THE PROTECTION OF STUDENTS , OTHER21 PERSONS, AND SCHOOL BUILDINGS AND GROUNDS .22 (II) "S CHOOL SECURITY OFFICER" DOES NOT INCLUDE:23 (A) A LICENSED OR AUTHORIZED PERSON WHO , AS PART OF THE24 PERSON'S EMPLOYMENT OR CONTRACT WITH A LOCAL EDUCATION25 PROVIDER, PERFORMS DUTIES WITHIN THE SCOPE OF THE PERSON'S LICENSE26 OR AUTHORIZATION;27 HB24-1310 -3- (B) A PERSON WHO IS NOT A LICENSED OR AUTHORIZED PERSON ,1 WHO IS EMPLOYED OR RETAINED BY CONTRACT BY A DISTRICT CHARTER2 SCHOOL OR INSTITUTE CHARTER SCHOOL TO PERFORM DUTIES FOR WHICH3 THE REQUIREMENT FOR THE SCHOOL TO HIRE OR RETAIN LICENSED OR4 AUTHORIZED PERSONS IS WAIVED PURSUANT TO SECTION 22-30.5-104 (6)5 OR 22-30.5-507 (7); OR6 (C) A SCHOOL RESOURCE OFFICER , AS DEFINED IN SECTION7 22-32-109.1.8 (2) A LOCAL EDUCATION PROVIDER MAY EMPLOY OR RETAIN BY9 CONTRACT A PERSON AS A SCHOOL SECURITY OFFICER ONLY IF :10 (a) T HE LOCAL EDUCATION PROVIDER HAS A POLICY FOR SCHOOL11 SECURITY OFFICERS THAT GOVERNS WHEN AND HOW A SCHOOL SECURITY12 OFFICER ENGAGES WITH STUDENTS ;13 (b) T HE PERSON EMPLOYED OR RETAINED AS A SCHOOL SECURITY14 OFFICER HAS:15 (I) C OMPLETED A SCHOOL SECURITY OFFICER TRAINING COURSE ,16 OR AN EQUIVALENT COURSE , PROVIDED OR CERTIFIED BY A NATIONAL17 ORGANIZATION OF SCHOOL RESOURCE OFFICERS THAT REQUIRES AT LEAST18 TWENTY-FOUR HOURS OF INSTRUCTION AND INCLUDES INSTRUCTION ON19 COMMUNICATING WITH YOUTH , IDENTIFYING AND RESPONDING TO20 BEHAVIORAL AND MENTAL HEALTH ISSUES , AND DE-ESCALATION21 STRATEGIES; OR22 (II) C OMPLETED SCHOOL RESOURCE OFFICER TRAINING THAT23 SATISFIES THE CURRICULUM IDENTIFIED BY THE PEACE OFFICER24 STANDARDS AND TRAINING BOARD PURSUANT TO SECTION 24-31-312;25 (c) (I) I F THE PERSON IS AN EMPLOYEE OF THE SCHOOL DISTRICT OR26 CHARTER SCHOOL; THE PERSON HAS SUBMITTED TO A BACKGROUND27 HB24-1310 -4- INVESTIGATION AS DESCRIBED IN SECTION 22-30.5-110.5, 22-30.5-511.5,1 OR 22-32-109.8, AS APPLICABLE; AND NOTWITHSTANDING SECTION2 22-30.5-110.7 (5) OR 22-32-109.8 (5), AS APPLICABLE, THE SCHOOL3 DISTRICT OR CHARTER SCHOOL HAS RECEIVED FAVORABLE RESULTS OF THE4 PERSON'S BACKGROUND CHECK; OR5 (II) I F THE PERSON IS RETAINED BY CONTRACT BY A SCHOOL6 DISTRICT, THE CONTRACT COMPLIES WITH THE BACKGROUND CHECK7 REQUIREMENTS IN SECTION 22-32-122 (4); OR IF THE PERSON IS RETAINED8 BY CONTRACT BY A CHARTER SCHOOL , THE CONTRACT REQUIRES A9 BACKGROUND CHECK OF THE PERSON THAT SATISFIES THE REQUIREMENTS10 IN SECTION 22-32-122 (4); AND THE SCHOOL DISTRICT OR CHARTER11 SCHOOL HAS RECEIVED FAVORABLE RESULTS OF THE PERSON 'S12 BACKGROUND CHECK ; AND13 (d) W ITHIN SIX MONTHS BEFORE THE DATE OF EMPLOYMENT OR14 BEING RETAINED BY CONTRACT AS A SCHOOL SECURITY OFFICER , THE15 PERSON HAS UNDERGONE A PSYCHOLOGICAL EVALUATION PERFORMED BY16 EITHER A COLORADO-LICENSED PSYCHOLOGIST OR A COLORADO-LICENSED17 PSYCHIATRIST.18 (3) A SCHOOL SECURITY OFFICER MAY ONLY POSSESS A HANDGUN ,19 AS DEFINED IN SECTION 18-12-101, WHILE ON DUTY IN OR ON THE REAL20 ESTATE AND ALL IMPROVEMENTS ERECTED THEREON OF ANY PUBLIC21 ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH SCHOOL OPERATED BY THE22 LOCAL EDUCATION PROVIDER IF THE SCHOOL SECURITY OFFICER :23 (a) H OLDS A VALID PERMIT TO CARRY A CONCEALED HANDGUN24 ISSUED PURSUANT TO PART 2 OF ARTICLE 12 OF TITLE 18;25 (b) H AS COMPLETED A MINIMUM OF TWENTY -FOUR HOURS OF26 INITIAL FIREARMS TRAINING WITHIN TWELVE MONTHS BEFORE STARTING27 HB24-1310 -5- WORK AS A SCHOOL SECURITY OFFICER THAT INCLUDES :1 (I) A T LEAST FOUR HOURS OF CLASSROOM INSTRUCTION THAT2 INCLUDES INSTRUCTION ON FIREARMS SAFETY , USE OF DEADLY FORCE,3 LEGAL PRINCIPLES RELATED TO FIREARM USE , AND WEAPONS RETENTION4 IN A SCHOOL ENVIRONMENT;5 (II) A T LEAST TEN HOURS OF LIVE FIRE RANGE TRAINING EXERCISES6 THAT INCLUDE ACTIVE SHOOTER TRAINING CONCEPTS ; AND7 (III) A T LEAST SIX HOURS OF SCHOOL ACTIVE SHOOTER TRAINING ,8 WHICH MAY INCLUDE CLASSROOM INSTRUCTION AND SIMULATED9 TRAINING;10 (c) A NNUALLY COMPL ETES A MINIMUM OF SIXTEEN HOURS OF11 ANNUAL IN-SERVICE TRAINING THAT INCLUDES:12 (I) A T LEAST EIGHT HOURS OF LIVE FIRE RANGE TRAINING13 EXERCISES THAT INCLUDE ACTIVE SHOOTER TRAINING CONCEPTS ; AND14 (II) A T LEAST EIGHT HOURS OF SCHOOL ACTIVE SHOOTER TRAINING15 THAT INCLUDES CLASSROOM INSTRUCTION AND SIMULATED TRAINING ;16 AND17 (d) P ASSED THE P.O.S.T. BOARD'S FIREARMS SKILLS TEST OR AN18 EQUIVALENT FIREARMS SKILLS TEST ADMINISTERED BY A P.O.S.T.19 BOARD-CERTIFIED FIREARMS INSTRUCTOR AT THE COMPLETION OF INITIAL20 TRAINING DESCRIBED IN SUBSECTION (3)(b) OF THIS SECTION AND AT THE21 COMPLETION OF IN-SERVICE TRAINING DESCRIBED IN SUBSECTION (3)(c) OF22 THIS SECTION. THIS SUBSECTION (3)(d) DOES NOT REQUIRE A SCHOOL23 SECURITY OFFICER TO BE CERTIFIED BY THE P.O.S.T. BOARD.24 SECTION 3. In Colorado Revised Statutes, 22-2-117, amend25 (1.5) as follows:26 22-2-117. Additional power - state board - waiver of27 HB24-1310 -6- requirements - rules. (1.5) Notwithstanding any provision of this1 section or any other provision of law, the state board shall not waive2 requirements contained in article 11 of this title TITLE 22 or sections3 22-1-144, 22-7-1006.3, 22-32-105, 22-32-109 (1)(bb)(I) and (2),4 22-32-109.1 (2)(a), 22-32-146, and 22-33-104 (4).5 SECTION 4. In Colorado Revised Statutes, 18-12-101, add6 (1)(g.8) as follows:7 18-12-101. Peace officer affirmative defense - definitions.8 (1) As used in this article 12, unless the context otherwise requires:9 (g.8) "S CHOOL SECURITY OFFICER" MEANS A PERSON WHO IS10 EMPLOYED OR RETAINED BY CONTRACT AS A SCHOOL SECURITY OFFICER11 BY A LOCAL EDUCATION PROVIDER PURSUANT TO SECTION 22-1-144.12 SECTION 5. In Colorado Revised Statutes, 18-12-105.5, amend13 (1)(a) and (3) introductory portion; and add (3)(e.5) and (4) as follows:14 18-12-105.5. Unlawfully carrying a weapon - unlawful15 possession of weapons - school, college, or university grounds.16 (1) (a) A person shall not knowingly and unlawfully and without legal17 authority carry, bring, or have in the person's possession a deadly weapon18 as defined in section 18-1-901 (3)(e) in or on the real estate and all19 improvements erected thereon of any public or private elementary,20 middle, junior high, high, or vocational school or any public or private21 college, university, or seminary, except for the purpose of:22 (I) Presenting an authorized public demonstration or exhibition23 pursuant to instruction in conjunction with an organized school or class;24 for the purpose of carrying out the necessary duties and functions of an 25 employee of an educational institution that require the use of a deadly26 weapon, or for the purpose of OR27 HB24-1310 -7- (II) Participation in an authorized extracurricular activity or on an1 athletic team.2 (3) It shall not be IS NOT an offense under PURSUANT TO3 SUBSECTION (1) OF this section if:4 (e.5) T HE PERSON IS A SCHOOL SECURITY OFFICER AND CARRYING5 OUT THE DUTIES OF A SCHOOL SECURITY OFFICER; IF THE DEADLY WEAPON6 IS A HANDGUN; AND THE PERSON SATISFIES THE REQUIREMENTS SET FORTH7 IN SECTION 22-1-144 (3); OR8 (4) (a) N OTWITHSTANDING ANY AUTHORITY GRANTED IN THIS9 SECTION TO THE CONTRARY, A SCHOOL, LAW ENFORCEMENT AGENCY , OR10 ANY OTHER ENTITY SHALL NOT STORE FIREARMS IN OR ON THE REAL11 ESTATE AND ALL IMPROVEMENTS ERECTED THEREON OF A PUBLIC OR12 PRIVATE ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH SCHOOL.13 (b) T HIS SUBSECTION (4) DOES NOT APPLY TO THE STORAGE OF A14 FIREARM:15 (I) F OR USE IN AN EDUCATIONAL PROGRAM APPROVED BY A16 SCHOOL WHICH INCLUDES, BUT IS NOT LIMITED TO, A HUNTER EDUCATION17 COURSE OFFERED PURSUANT TO SECTION 22-1-134 OR A COURSE DESIGNED18 FOR THE REPAIR OR MAINTENANCE OF WEAPONS ;19 (II) B Y A LAW ENFORCEMENT OFFICER IN THE LAW ENFORCEMENT20 OFFICER'S VEHICLE THAT IS ON SCHOOL GROUNDS, IN CONFORMANCE WITH21 THE POLICY OF THE OFFICER'S EMPLOYING AGENCY; AND22 (III) B Y A LAW ENFORCEMENT OFFICER , INCLUDING A SCHOOL23 RESOURCE OFFICER, WHILE THE OFFICER IS PRESENT ON SCHOOL GROUNDS,24 IN A LOCKED GUN SAFE THAT IS IN A LOCKED ROOM OR CLOSET , AND THE25 GUN SAFE AND ROOM OR CLOSET ARE ONLY ACCESSIBLE TO THE OFFICER .26 SECTION 6. In Colorado Revised Statutes, 18-12-214, amend27 HB24-1310 -8- (3)(b) as follows:1 18-12-214. Authority granted by permit - carrying restrictions2 - local authority. (3) A permit issued pursuant to this part 2 does not3 authorize a person to carry a concealed handgun onto the real property,4 or into any improvements erected thereon, of a public elementary, middle,5 junior high, or high school; except that:6 (b) I F THE PERMITTEE SATISFIES THE REQUIREMENTS SET FORTH IN7 SECTION 22-1-144 (3), a permittee who is employed or retained by 8 contract by a school district or charter school as a school security officer9 may carry a concealed handgun onto the real property, or into any10 improvement erected thereon, of a public elementary, middle, junior high,11 or high school while the permittee is on duty;12 SECTION 7. Act subject to petition - effective date. This act13 takes effect at 12:01 a.m. on the day following the expiration of the14 ninety-day period after final adjournment of the general assembly; except15 that, if a referendum petition is filed pursuant to section 1 (3) of article V16 of the state constitution against this act or an item, section, or part of this17 act within such period, then the act, item, section, or part will not take18 effect unless approved by the people at the general election to be held in19 November 2024 and, in such case, will take effect on the date of the20 official declaration of the vote thereon by the governor.21 HB24-1310 -9-