Be it enacted by the General Assembly of Virginia:
1. That §§9.1-184 and 18.2-308.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 22.1-280.2:4 as follows:
§9.1-184. Virginia Center for School and Campus Safety created; duties.
A. From such funds as may be appropriated, the Virginia Center for School and Campus Safety (the Center) is hereby established within the Department. The Center shall:
1. Provide training for Virginia public school personnel in school safety, on evidence-based antibullying tactics based on the definition of bullying in §22.1-276.01, and in the effective identification of students who may be at risk for violent behavior and in need of special services or assistance;
2. Serve as a resource and referral center for Virginia school divisions by conducting research, sponsoring workshops, and providing information regarding current school safety concerns, such as conflict management and peer mediation, bullying as defined in §22.1-276.01, school facility design and technology, current state and federal statutory and regulatory school safety requirements, and legal and constitutional issues regarding school safety and individual rights;
3. Maintain and disseminate information to local school divisions on effective school safety initiatives in Virginia and across the nation;
4. Develop a case management tool for the collection and reporting of data by threat assessment teams pursuant to §22.1-79.4;
5. Collect, analyze, and disseminate various Virginia school safety data, including school safety audit information submitted to it pursuant to §22.1-279.8, collected by the Department;
6. Encourage the development of partnerships between the public and private sectors to promote school safety in Virginia;
7. Provide technical assistance to Virginia school divisions in the development and implementation of initiatives promoting school safety, including threat assessment-based protocols with such funds as may be available for such purpose;
8. Develop a memorandum of understanding between the Director of the Department of Criminal Justice Services and the Superintendent of Public Instruction to ensure collaboration and coordination of roles and responsibilities in areas of mutual concern, such as school safety audits and crime prevention;
9. Provide training for and certification of school security officers, as defined in §9.1-101 and consistent with §9.1-110;
10. Develop, in conjunction with the Department of State Police, the Department of Behavioral Health and Developmental Services, and the Department of Education, a model critical incident response training program for public school personnel and others providing services to schools that shall also be made available to private schools in the Commonwealth;
11. In consultation with the Department of Education, provide
schools with a model policy for the establishment of threat assessment teams,
including procedures for the assessment of and intervention with students whose
behavior poses a threat to the safety of school staff or students; and
12. Develop a model memorandum of understanding setting forth the respective roles and responsibilities of local school boards and local law-enforcement agencies regarding the use of school resource officers. Such model memorandum of understanding may be used by local school boards and local law-enforcement agencies to satisfy the requirements of §22.1-280.2:3; and
13. Administer the School Guardian Fund and Program pursuant to §22.1-280.2:4. In administering the School Guardian Program, the Center shall establish training and screening standards for individuals who are appointed as school guardians pursuant to the School Guardian Program established in §22.1-280.2:4 that include, at minimum, a requirement for an individual to receive a psychological screening and a drug screening prior to the commencement of his school guardian duties.
B. All agencies of the Commonwealth shall cooperate with the Center and, upon request, assist the Center in the performance of its duties and responsibilities.
§18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty.
A. If any person knowingly possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of §18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (c) any school bus owned or operated by any such school, he is guilty of a Class 1 misdemeanor.
B. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he is guilty of a Class 6 felony.
C. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person is guilty of a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.
The exemptions set out in §§18.2-308 and 18.2-308.016 shall
apply, mutatis mutandis, to the provisions of this section. The provisions of
this section shall not apply to (i) persons who possess such weapon or weapons
as a part of the school's curriculum or activities; (ii) a person possessing a
knife customarily used for food preparation or service and using it for such
purpose; (iii) persons who possess such weapon or weapons as a part of any
program sponsored or facilitated by either the school or any organization
authorized by the school to conduct its programs either on or off the school
premises; (iv) any law-enforcement officer, or retired law-enforcement officer
qualified pursuant to subsection C of §18.2-308.016; (v) any person who
possesses a knife or blade which he uses customarily in his trade; (vi) a
person who possesses an unloaded firearm that is in a closed container, or a
knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun
or rifle in a firearms rack in or upon a motor vehicle; (vii) a person who has
a valid concealed handgun permit and possesses a concealed handgun while in a
motor vehicle in a parking lot, traffic circle, or other means of vehicular
ingress or egress to the school; (viii) a school security officer authorized to
carry a firearm pursuant to §22.1-280.2:1; or
(ix) an armed security officer, licensed pursuant to Article 4 (§9.1-138 et
seq.) of Chapter 1 of Title 9.1, hired by a private or religious school for the
protection of students and employees as authorized by such school; or (x) any person who is
hired or appointed as a school guardian pursuant to §
22.1-280.2:4. For the purposes of this paragraph,
"weapon" includes a knife having a metal blade of three inches or
longer and "closed container" includes a locked vehicle trunk.
As used in this section:
"Stun weapon" means any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person.
§22.1-280.2:4. School Guardian Fund and Program.
A. As used in this section, "school guardian" means any individual, including any school resource officer, school security officer, or other school board employee, who is hired or appointed by a school board to carry a firearm on school property during normal school hours for school security purposes.
B. There is hereby created in the state treasury a special nonreverting fund to be known as the School Guardian Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of establishing and administering the School Guardian Program as described in subsection B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department of Criminal Justice Services.
C. The Virginia Center for School and Campus Safety (the Center) shall establish and administer the School Guardian Program for the purpose of providing grants from the Fund on a competitive basis to school boards for the appointment or hiring of school guardians. Each such school guardian shall receive, in addition to any other compensation to which he is otherwise entitled, an annual stipend of $500 for the performance of his duties. In addition to performing the duties set forth in subdivision A 13 of §9.1-184, the Center shall adopt such rules and policies as it deems necessary for the administration of the Program, including rules and policies for grant applications and awards.