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<PRE>[DOCID: f:h1396ih.txt]






107th CONGRESS
  1st Session
                                H. R. 1396

    To encourage States to require a holding period for any student 
                 expelled for bringing a gun to school.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

 Mr. DeFazio introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To encourage States to require a holding period for any student 
                 expelled for bringing a gun to school.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. HOLDING PERIOD FOR STUDENTS BRINGING A GUN TO SCHOOL.

    (a) In General.--Notwithstanding section 222 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) or any 
other provision of law, for fiscal year 2002 and each fiscal year 
thereafter, the amount that would otherwise be allocated to a State 
under that section for a fiscal year shall be increased for prevention 
and intervention related to school violence by 25 percent, if the State 
has in effect a State law described in subsection (b) by not later than 
the first day of that fiscal year.
    (b) State Law Described.--A State law is described in this 
subsection if it requires that--
            (1) any administrator or employee of a public or private 
        school who has reasonable cause to believe that a student is or 
        has been in possession of a firearm while in or on the premises 
        of a school building in violation of Federal or State law, 
        shall immediately report the student's conduct to an 
        appropriate law enforcement agency and to an appropriate 
        juvenile department or agency of the State;
            (2) upon receipt of a report under paragraph (1), the 
        appropriate law enforcement agency shall immediately cause an 
        investigation to be made to determine whether there is probable 
        cause to believe that the student, while in or on the premises 
        of a public building, possessed a firearm in violation of 
        Federal or State law;
            (3) if a determination of probable cause is made under 
        paragraph (2)--
                    (A) the student shall immediately be detained by 
                the appropriate law enforcement agency for not more 
                than 72 hours in an appropriate juvenile justice 
                setting for purposes of psychological evaluation and 
                for a judicial determination (pursuant to a hearing) 
                regarding whether the student is a danger to himself or 
                herself or to others; and
                    (B) a parent, guardian, or other adult with 
                responsibility for the student shall be notified of 
                that detention and the purposes of that detention; and
            (4) if the court makes a determination under paragraph 
        (3)(A) that the student is a danger to himself or herself or 
        others, the student shall be placed in an appropriate juvenile 
        justice setting to receive professional psychological 
        counseling.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
                                 &lt;all&gt;

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