Brief⁽¹⁾

S.B. 38, as amended, addresses two matters: (A) expansion of the definition of the term "weapon" in the Weapon-Free Schools Act, and (B) suspension or revocation of driving privileges of certain pupils.

A. Weapon-Free Schools Act Amendments. The Weapon-Free Schools Act, which applies to accredited schools, is amended to expand the definition of the term "weapon" to include:

• any bludgeon, sandclub, metal knuckles, or throwing star;



• any switchblade knife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle; or



• any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward, or centrifugal thrust or movement.

The current exception from the definition of "weapon" for a rifle the owner intends to use solely for sporting, recreational, or cultural purposes, is removed. A new exception to the definition of "weapon" is added for a hunting rifle or a shotgun which is locked in a vehicle.

B. Suspension or Revocation of Driving Privileges of Certain Pupils. The provisions, which affect school districts and accredited nonpublic schools, apply to a pupil 13 years of age or older who is expelled or given a long-term suspension from school under the state's suspension and expulsion statutes for:

• possession of a weapon (the definition of weapon for this portion of the bill is the same as in the Weapon-Free Schools Act);



• possession, use, sale, or distribution of an illegal drug or a controlled substance; or



• behavior which resulted in, or was substantially likely to have resulted in, serious bodily injury to others.

In these instances, the chief administrative officer (or designee) of the school from which the pupil was expelled or suspended gives written notice thereof to the Division of Vehicles of the Department of Revenue. The notice must be given within three days, excluding holidays and weekends, after imposition of the expulsion or suspension. The notice includes the pupil's name, address, date of birth, driver's license number, if available, and the reason for the expulsion or suspension. Upon receipt of this notice, the Division of Vehicles suspends for one year the pupil's driver's license or privilege to operate a motor vehicle on the streets and highways. When the suspension period expires, the pupil may apply for return of the license or, if the suspended license has expired, for a new license. If the expelled or suspended pupil does not have a driver's license, the pupil's driving privileges are revoked. A driver's license may not be issued to a pupil whose driving privileges have been revoked for a period of one year.

If the pupil's driving privileges have been revoked, suspended, or canceled for another cause, the suspension or revocation under this bill applies consecutively to the previous action.

Background

S.B. 38, as introduced, would extend the "two for one" funding provision applicable to school district educational services now provided at the Flint Hills Job Corps Center and at juvenile detention facilities and the Forbes Juvenile Attention Facility to include the Sappa Valley Youth Ranch of Oberlin.

The Senate amended the bill to add another facility--Parkview Passages Residential Treatment Center of Topeka.

The House Education Committee amended the substance of S.B. 38 into S.B. 171 which, as of March 24, was in the House Education Committee. It then incorporated the provisions of H.B. 2202 and H.B. 2196 into S.B. 38. (See supplemental notes on H.B. 2202 and H.B. 2196 as reported by the House Education Committee for background information on these two measures.)

One of the House Committee of the Whole amendments added as an exception to the definition of "weapon" under the Weapon-Free Schools Act "a hunting rifle or a shotgun which is locked in a vehicle." The other amendment was technical in nature.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.