HOUSE BILL 254

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Martin R. Zamora

 

 

 

 

 

AN ACT

RELATING TO PUBLIC EDUCATION; ENACTING THE SCHOOL MARSHAL ACT; REQUIRING SCHOOL MARSHAL TRAINING; ESTABLISHING SCHOOL MARSHAL PROCEDURES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "School Marshal Act"."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the School Marshal Act:

          A. "applicant" means a school employee who has successfully completed a school marshal training program, is licensed to carry a handgun pursuant to the Concealed Handgun Carry Act and has applied to be a school marshal;

          B. "governing body" means the governing structure of a charter school as set forth in the school's charter;

          C. "school marshal" means a school employee who has successfully completed a school marshal training program, is licensed to carry a handgun pursuant to the Concealed Handgun Carry Act and has been selected by the school district to be a school marshal; and

          D. "trainee" means a person who is licensed to carry a handgun pursuant to the Concealed Handgun Carry Act and is a participant in the school marshal training program."

     SECTION 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SCHOOL MARSHAL TRAINING PROGRAM.--

          A. The department of public safety shall establish and maintain a training program open to any employee of a school district, charter school or private school who holds a license to carry a handgun issued under the Concealed Handgun Carry Act. The training may be conducted only by department of public safety staff or a provider approved by the department of public safety.

          B. The department of public safety shall collect from each employee who participates in the training program identifying information that includes the person's name and date of birth, the license number of the license issued to the person pursuant to the Concealed Handgun Carry Act and the address of the school district, charter school or private school that employs the person.

          C. The training program shall include eighty hours of instruction designed to:

                (1) emphasize strategies for preventing school shootings and for securing the safety of potential victims of school shootings;

                (2) educate a trainee about legal issues relating to the duties of peace officers and the use of force or deadly force in the protection of others;

                (3) introduce the trainee to effective law enforcement strategies and techniques;

                (4) improve the trainee's proficiency with a handgun; and

                (5) enable the trainee to respond to an emergency situation requiring deadly force, such as a situation involving an active shooter.

          D. The department of public safety, in consultation with a psychologist or psychiatrist, shall devise and administer a psychological examination to each trainee to determine whether the trainee is psychologically fit to carry out the duties of a school marshal in an emergency shooting or active shooter situation. The department of public safety may license a trainee under this section only if the results of the examination indicate that the trainee is psychologically fit to carry out those duties.

          E. The department of public safety shall charge each trainee a reasonable fee to cover the cost of conducting the program.

          F. The department of public safety shall issue a school marshal license to a trainee who is eligible for appointment as a school marshal who:

                (1) completes training under this section to the satisfaction of the department of public safety staff; and

                (2) is psychologically fit to carry out the duties of a school marshal as indicated by the results of the psychological examination administered under this section.

          G. A school marshal license or renewed school marshal license issued pursuant to the provisions of the School Marshal Act shall expire on July 31 following the second anniversary of the date the department of public safety issued that license.

          H. A licensed school marshal may renew a school marshal license by:

                (1) successfully completing a school marshal license renewal course designed and administered by the department of public safety that shall not exceed sixteen hours of combined classroom and simulation training;

                (2) demonstrating appropriate knowledge on an examination designed and administered by the department of public safety;

                (3) demonstrating handgun proficiency to the satisfaction of department of public safety staff; and

                (4) demonstrating psychological fitness on the examination described in Subsection D of this section.

          I. The department of public safety shall revoke a person's school marshal license if the person's license to carry a handgun issued pursuant to the Concealed Handgun Carry Act has been suspended or revoked. A person whose school marshal license is revoked may obtain recertification by:

                (1) furnishing proof that the person's handgun license pursuant to the Concealed Handgun Carry Act has been reinstated; and

                (2) completing the initial training pursuant to Subsection C of this section to the satisfaction of the department of public safety staff, paying the fee for the training and demonstrating psychological fitness on the psychological examination described in Subsection D of this section.

          J. The department of public safety shall submit the identifying information collected pursuant to Subsection B of this section for each person licensed pursuant to this section to:

                (1) the secretary of public safety;

                (2) the school district, charter school or private school that employs the person; and

                (3) the chief law enforcement officer of the local municipal law enforcement agency where the school district, charter school or private school is located; provided that when there is no municipal law enforcement agency, identifying information shall be submitted to the county sheriff in the county in which the school district, charter school or private school is located.

          K. The department of public safety shall immediately report the expiration or revocation of a school marshal license to each entity listed in Subsection J of this section.

          L. Information collected or submitted under this section is submitted for security purposes as part of a confidential tactical plan or procedure and shall not be disclosed in a request made pursuant to the Inspection of Public Records Act."

     SECTION 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SCHOOL MARSHAL PROCEDURES.--

          A. A local school district may appoint one or more school marshals for each school campus.

          B. A local school district may appoint an applicant who is a school employee of the school district or charter school as a school marshal. The local school board or governing body may reimburse the amount paid by the applicant to participate in the training program pursuant to the provisions of Section 3 of the School Marshal Act.

          C. A local school district that appoints a school marshal shall enact policies to provide for the safe carrying of a concealed firearm by the school marshal, and such policies shall require that a:

                (1) school marshal may carry a concealed handgun on the school marshal's person or possess the handgun on the physical premises of a school in a locked and secured safe or other locked and secured location; and

                (2) handgun carried or possessed by a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the department of public safety.

          D. A school marshal appointed by a local school district may carry a concealed handgun or possess a handgun on the physical premises of a school; provided that:

                (1) the school marshal shall act in accordance with written rules adopted by the local school board or the governing body; and

                (2) the school marshal shall only carry a concealed handgun at the specific school as specified by the local school board or governing body.

          E. A school marshal may use a handgun that the school marshal is authorized to carry or possess only under circumstances that would justify the use of deadly force pursuant to Section 30-2-7 NMSA 1978.

          F. A school district, charter school or private school employee's status as a school marshal becomes inactive upon:

                (1) expiration of the employee's school marshal license pursuant to Section 3 of the School Marshal Act;

                (2) suspension or revocation of the employee's license to carry a handgun issued pursuant to the Concealed Handgun Carry Act;

                (3) termination of the employee's employment with the school district or charter school; or

                (4) notice from the local school district that the employee's services as school marshal are no longer required.

          G. The identity of a school marshal appointed under this section is part of a confidential tactical plan or procedure and shall not be disclosed in a request made pursuant to the Inspection of Public Records Act."

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