§ 6-17-113 — Duty to report and investigate student criminal acts - Definitions

(a) As used in this section: (1) "Act of violence" means any violation of Arkansas law where a person purposely or knowingly causes or threatens to cause death or serious physical injury to another person; (2) "Deadly weapon" means: (A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury; and (3) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable, and components that can readily be assembled into such a device. (b) (1) Whenever the principal or other person in charge of a public school has personal knowledge or has received information leading to a reasonable belief that any person has committed or has threatened to commit an act of violence or any crime involving a deadly weapon on school property or while under school supervision, the principal or the person in charge shall immediately report the incident or threat to the superintendent of the school district and the appropriate local law enforcement agency. (2) The report shall be by telephone or in person immediately after the incident or threat and shall be followed by a written report within three (3) business days. (3) The principal shall notify any school employee or other person who initially reported the incident that a report has been made to the appropriate law enforcement agency. (4) The superintendent or his or her designee shall notify the local school district board of directors of any report made to law enforcement under this section. (c) (1) Whenever a law enforcement officer receives a report of an incident pursuant to subsection (b) of this section, that officer shall immediately report the incident to the office of the prosecuting attorney and shall immediately initiate an investigation of the incident. (2) The investigation shall be conducted with all reasonable haste and, upon completion, shall be referred to the prosecuting attorney. (3) (A) The prosecuting attorney shall implement the appropriate course of action and, within thirty (30) calendar days after receipt of the file, the prosecuting attorney shall provide a written report to the principal. (B) The report shall state: (i) Whether the investigation into the reported incident is ongoing; (ii) Whether any charges have been filed in either circuit court or the juvenile division of circuit court as a result of the reported incident; and (iii) The disposition of the case. (4) Upon receipt of the report from the prosecuting attorney, the principal shall notify any school employee or any other person who initially reported the incident that a report has been received from the prosecuting attorney. (d) Excluding the reporting requirement set out in subdivision (c)(3) of this section, any person who purposely fails to report as required by this section shall be guilty of a Class C misdemeanor. (e) The State Board of Education shall promulgate rules to ensure uniform compliance with the requirements of this section and shall consult with the office of the Attorney General concerning the development of these rules.

Legislative History

Amended by Act 2019, No. 315,§ 223, eff. 7/24/2019. Acts 1995, No. 888, § 1; 1997, No. 1243, § 1; 1999, No. 1520, § 1.