PRINTER'S NO. 34

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 31 Session of 2005

        INTRODUCED BY LEDERER, McGEEHAN, DALEY, FRANKEL, CAWLEY, CRUZ,
           MELIO, WALKO, KIRKLAND, WASHINGTON AND BLACKWELL,
           JANUARY 25, 2005

        REFERRED TO COMMITTEE ON EDUCATION, JANUARY 25, 2005

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," prohibiting possession of weapons,
     6     acts of violence, and possession, sale or use of a controlled
     7     substance.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 1317.2 heading and (g) of the act of
    11  March 10, 1949 (P.L.30, No.14), known as the Public School Code
    12  of 1949, amended June 25, 1997 (P.L.297, No.30), are amended and
    13  the section is amended by adding a subsection to read:
    14     Section 1317.2.  [Possession of Weapons Prohibited] Act of
    15  Violence, Possession of Weapons, and Possession, Sale or Use of
    16  a Controlled Substance Prohibited.--* * *
    17     (f.1)  Where disciplinary proceedings have been initiated
    18  against a student for conduct involving an act of violence,
    19  possession of a weapon, or possession, use or sale of controlled
    20  substances, the superintendent or his designee may assign the

     1  student to an alternative assignment or provide alternative
     2  education services for a period not to exceed sixty (60) days,
     3  pending the completion of disciplinary proceedings.
     4     (g)  As used in this section, [the term "weapon"]
     5     "Act of violence" shall mean as it is defined in section
     6  1310-A.
     7     "Controlled substance" shall mean as it is defined in section
     8  2 of the act of April 14, 1972 (P.L.233, No.64), known as "The
     9  Controlled Substance, Drug, Device and Cosmetic Act."
    10     "Weapon" shall include, but not be limited to, any knife,
    11  cutting instrument, cutting tool, nunchaku, firearm, shotgun,
    12  rifle and any other tool, instrument or implement capable of
    13  inflicting serious bodily injury.
    14     Section 2.  This act shall take effect immediately.











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