THE SENATE	S.B. NO.	124
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to Prohibition of Firearms on School property.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§134-    Possession of a firearm; school property, school bus, school-sponsored function; exceptions; penalty.  (a)  It shall be unlawful for any person to carry on their person or to possess any firearm:

     (1)  On any school property;

     (2)  On any school bus; or

     (3)  At any school-sponsored function being held at a location that is owned, rented, or leased by the board of education, superintendent of education, department of education, or school for the duration of the function.

     (b)  This section shall not apply to:

     (1)  A law enforcement officer employed by a federal, State, or county law enforcement agency; or

     (2)  A person who serves as an instructor or is a participant in an educational or training program that:

          (A)  Is established, sanctioned, or approved by the board of education, superintendent of education, or department of education;

          (B)  Is held on the school property; and

          (C)  Includes a course of instruction or training that requires the instructor or participant to carry or possess a firearm on the school property or at the school-sponsored function;

          provided that the exception under this paragraph shall apply only on days on which the person is instructing or participating in a course or training described in subparagraph (c).

     (c)  Any person violating this section shall be guilty of a class B felony.

     (d)  Any child enrolled in a school and found to be in violation of this section shall be excluded from school attendance for not less than one year pursuant to the procedures in section 302A-1134(b).

     (e)  As used in this section,

     "School" means any public or private preschool, kindergarten, elementary, intermediate, middle, secondary, or high school, including any special school for children, in the State.

     "School bus" means any passenger transportation vehicle provided for children by the department of education pursuant to section 302A-406.

     "School property" includes any school building, facility, or ground.

     "School-sponsored function" means any activity or function that is approved by the school principal or supervised by the department of education."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Firearms; Prohibition; School Property; School Buses; School-Sponsored Functions

 

Description:

Prohibits the possession of firearms on school property and school buses and at school-sponsored functions.  Exempts certain law enforcement officers and instructors and participants of certain educational or training programs.  Establishes that violators are guilty of a class B felony.  Requires children enrolled in school who are in violation to be excluded from school attendance for not less than one year.  Defines school, school bus, school property, and school-sponsored function.

 

 

 

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