SB624 (2020) Detail

Establishing a school marshals program.


SB 624-FN-LOCAL - AS INTRODUCED

 

 

2020 SESSION

20-2969

06/01

 

SENATE BILL 624-FN-LOCAL

 

AN ACT establishing a school marshals program.

 

SPONSORS: Sen. Morgan, Dist 23; Sen. Bradley, Dist 3; Rep. Vallone, Rock. 9

 

COMMITTEE: Education and Workforce Development

 

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ANALYSIS

 

This bill permits a school to establish an armed school marshal program.  This bill also requires the police standards and training council to develop a curriculum for training school marshals.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2969

06/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing a school marshals program.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; School Marshal Program.  Amend RSA 189 by inserting after section 64 the following new section:

189:64-a  School Marshal Program.

I.  A school board or the governing body of a school district may, with the acquiescence of the local chief of police of the town or city where the program would be instituted and the superintendent of schools, establish an armed school marshal program for the prevention and mitigation of an active shooter or other attack with a deadly weapon on public or private school property, subject to the following conditions:

(a)  A school marshal shall be: an existing school employee with other responsibilities; an employee of the school with the sole function of a school marshal; an employee of the local police department or county sheriff; or a volunteer of the school or the local law enforcement agency.

(b)  The hiring authority shall determine whether the school marshal is to be uniformed and highly visible or a plainclothes individual whose identity as a marshal is known only to law enforcement and certain school authorities and not to the public or the general school population.

(c)  The hiring authority shall determine whether the school marshal will carry the firearm concealed or openly.  The type of firearm and ammunition shall be prescribed by the police standards and training council.  The hiring authority may equip a school marshal with other defensive weapons, including but not limited to, electronic defense weapons or defensive chemical spray weapons and with handcuffs provided the marshal completes approved training in the use of these devices.

(d)  Each school marshal shall pass a pre-employment criminal history check and a comprehensive background investigation according to a format and standards approved by the police standards and training council.

(e)  Each school marshal, prior to assuming his or her duties, shall pass a firearms course specified by the police standards and training council under supervision of a police standards and training council certified firearms instructor.  Thereafter, each marshal shall be re-qualified at least once every 12 months according to training council standards.

(f)  Each school marshal shall, prior to assuming his or her duties, attend and successfully pass with a grade of 80 percent or above a specialized course of at least 40 hours of instruction, a portion of which may be online, developed by the police standards and training council and taught by council-approved instructors.

(g)  The hiring authority shall ensure that each school marshal's performance is reviewed at least annually to ensure that he or she remains suitable for the position.  A marshal shall hold office for one year or until a successor is appointed, but may be removed by the school board or governing body at any time for cause.

(h)  A school marshal who meets these standards shall be certified as such by the police standards and training council and subject to revocation or suspension of his or her authority according to the same rules and guidelines that apply to a certified police officer.

II.  A school marshal while on official duty shall have the authority of an ex officio constable including the power to detain persons who are trespassing on school property, or who are creating a disturbance on school grounds or in a school building, or who the marshal has reasonable grounds to believe have committed, are committing, or are about to commit a criminal offense under the laws of the state, for as long as necessary to surrender the person or persons to a law enforcement officer with jurisdiction, and may use reasonable and necessary force to effect the detention.

III.  A school marshals when on duty shall have the same powers and responsibilities as a police officer under the provisions of RSA 627:5 regarding physical force in law enforcement.

2  Police Standards and Training Council.  By January 1, 2021, the police standards and training council shall develop a curriculum for school marshals which shall include a live fire course at a high proficiency level, consisting of at least 40 hours of instruction, a portion of which may be online, taught by council-approved instructors.

3  Effective date.

I.  Section 1 of this act shall take effect January 1, 2021.

II.  The remainder of this act shall take effect upon its passage.

 

LBAO

20-2969

1/3/20

 

SB 624-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a school marshals program.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase in Excess of $159,000

Indeterminable Increase in Excess of $166,000

Indeterminable Increase in Excess of $174,000

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill requires the Police Standards and Training Council develop a curriculum for school marshals, taught by Council approved instructors.  The Council anticipates it would need two new positions, a law enforcement training specialist and a program assistant, with estimated personnel costs of $159,000 in FY 2021, $166,000 in FY 2022, and $174,000 in FY 2023 (assuming a start date of July 1, 2021).  The Council anticipates there would be additional costs, including but not limited to equipment and information technology, but is unable to provide an estimate at this time.  This bill provides neither authorization nor an appropriation for new positions.

 

AGENCIES CONTACTED:

Police Standards and Training Council

 

Links

SB624 at GenCourtMobile
SB624 Discussion

Action Dates

Date Body Type
Jan. 21, 2020 Senate Hearing
Jan. 30, 2020 Senate Floor Vote

Bill Text Revisions

SB624 Revision: 7962 Date: Jan. 14, 2020, 12:35 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Education and Workforce Development; SJ 2
Jan. 21, 2020 Hearing: 01/21/2020, Room 103, LOB, 10:15 am; SC 3
Jan. 30, 2020 Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 01/30/2020; SC 4
Jan. 30, 2020 Inexpedient to Legislate, MA, VV === BILL KILLED ===; 01/30/2020; SJ 2