Disorderly conduct; provisions shall not apply to certain students if occurs on school property. (HB1134)

Introduced By

Del. Dave LaRock (R-Loudoun) with support from co-patrons Del. Lashrecse D. Aird (D-Petersburg), and Sen. Jennifer McClellan (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Disorderly conduct; students. Provides that a student at any primary or secondary school cannot be guilty of disorderly conduct if the disorderly conduct occurred on school property or a school bus or at a school-sponsored activity. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/13/2016Committee
01/13/2016Prefiled and ordered printed; offered 01/13/16 16103038D
01/13/2016Referred to Committee on Education
01/19/2016Assigned to sub: Elementary and Secondary Education
01/19/2016Assigned Education sub: Elementary and Secondary Education
02/08/2016Subcommittee recommends reporting (5-Y 4-N)
02/10/2016Reported from Education with substitute (15-Y 6-N) (see vote tally)
02/10/2016Committee substitute printed 16105412D-H1
02/11/2016Read first time
02/12/2016Impact statement from DPB (HB1134H1)
02/12/2016Passed by for the day
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16105412D-H1
02/15/2016Engrossment refused by House (36-Y 60-N 1-A)
02/15/2016VOTE: ENGROSSMENT REFUSED (36-Y 60-N 1-A) (see vote tally)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 15 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

DISORDERLY CONDUCT, STUDENTS. REPORT FROM COMMITTEE ON EDUCATION, WITH A SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM LOUDOUN, MR. LaROCK.

Del. Dave LaRock (R-Loudoun): MR. SPEAKER, I WOULD MOVE THE COMMITTEE AMENDMENTS.

Del. Bill Howell (R-Fredericksburg): QUESTION IS ON ADOPTION OF THE COMMITTEE SUBSTITUTE, AS MANY FAVOR THAT MOTION SAY AYE. OPPOSED NO. SUBSTITUTE AGREED TO. GENTLEMAN FROM LOUDOUN.

Del. Dave LaRock (R-Loudoun): THANK YOU, MR. SPEAKER, HOUSE BILL 1134 AS AMENDED EXEMPTS IN-SCHOOL BEHAVIOR BY STUDENTS FROM THE DISORDERLY THIS BILL MERELY PROPOSES THAT CONDUCT CODE SECTION. DISRUPTIVE BUT OTHERWISE NON-CRIMINAL BEHAVIOR OF OUR CHILDREN IN THE SCHOOLS BE HANDLED BY IN-SCHOOL DISCIPLINARY, RATHER THAN COURTS AND POLICE.

[Unknown]: HOUSE BILL 1134 AS AMENDED IS VERY TARGETED, CURRENT LAW MAKES IT A CRIME TO ACT UP IN SCHOOL. THE CARVE OUT FOR DISORDERLY CONDUCT IS LIMITED TO STUDENTS UNDER THE AGE OF 14. STUDENTS WHO ARE ENROLLED IN THE SCHOOL, AND IT DEALS WITH CONDUCT THAT OCCURS DURING REGULAR SCHOOL HOURS ON SCHOOL PROPERTY, ALL OF THIS CONDUCT SHOULD BE ADDRESSED THROUGH THE STUDENT DISCIPLINARY SYSTEM. I MOVE THE BILL BE ENGROSSED AND PASSED TO THIRD READING.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM CAROLINE, MR. LaROCK.

Del. Dave LaRock (R-Loudoun): SPEAKING TO THE BILL.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

Del. Dave LaRock (R-Loudoun): MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE, ALL DUE RESPECT TO THE PATRON, HOPE EVERYBODY UNDERSTANDS WHAT WE ARE TALKING ABOUT HERE. WE ARE TALKING ABOUT MAKING A CIRCUMSTANCE THAT IF IT OCCURRED DOWN AT THE LOCAL CONVENIENCE STORE IN THE PARKING LOT ACROSS FROM THE SCHOOL, ANYWHERE OTHER THAN ON SCHOOL PROPERTY DURING THE SCHOOL DAY THEY COULD BE CHARGED WITH DISORDERLY CONDUCT, BUT BECAUSE IT IS HAPPENING ON SCHOOL, DURING THE SCHOOL DAY, OR ON A SCHOOL BUS AT ANY TIME, I WOULD SUGGEST BY THE LANGUAGE OF THE BILL, IT SAYS OR ON A SCHOOL BUS MEANS IF THEY ARE GOING TO OR FROM A SPORTS EVENT, ANYTHING OF THAT NATURE, YOU ARE SAYING IT CAN'T BE THE SAME LEGAL CHARGE AS IT WOULD BE ANYWHERE ELSE IN THE WORLD THAT THESE STUDENTS MIGHT ENGAGE IN THESE ACTIVITIES. I THINK THAT'S JUST BAD PUBLIC POLICY. I THINK IT SENDS THE WRONG MESSAGE TO OUR STUDENTS. IN SPITE OF THEIR YOUNG AGE OF 14 OR YOUNGER.

[Unknown]: THERE WAS A STUDY DONE THAT VIRGINIA LEADS THE NATION IN REFERRALS TO LAW ENFORCEMENT. SIX TIMES AS MANY AS OTHER STATES. AND THOSE NUMBERS ARE DISPROPORTIONATELY LARGE FOR STUDENTS WITH DISABILITIES. AND MINORITY STUDENTS. AND WHAT WE'RE TALKING ABOUT, AND I HAVE A COUPLE OF EXAMPLES, WHERE YOU HAVE A KID WHOSE BEING HELD TO A HIGHER STANDARD THAN DEVELOPMENTALLY THEY SHOULD BE. THE ONE EXAMPLE, YOU HAD A 13-YEAR-OLD AT A SCHOOL THAT SPECIALIZED IN STUDENTS WITH DISABILITIES, WAS CHARGED WITH DISORDERLY CONDUCT FOR REFUSING TO FOLLOW DIRECTIONS, AND HE STORMED OUT OF THE GYM, AND HE BANGED ON A KEYBOARD, HE HAD NO HISTORY OF VIOLENCE. BUT THIS WAS A KID THAT WAS CHARGED WITH DISORDERLY CONDUCT. YOU HAD ANOTHER KID, A 12-YEAR-OLD, WHO WHEN SHE WENT TO PICK UP HER COUSIN AT AN ELEMENTARY SCHOOL, SHE SAW A FIGHT, SHE PULLED HER COUSIN OUT OF THE FIGHT, THE SCHOOL RESOURCE OFFICER GRABBED HER, SHE WAS SCARED, AND SHE SWORE. SHE WAS CHARGED WITH DISORDERLY CONDUCT. YOU HAD 14-YEAR-OLD STUDENT WITH A MAJOR DEPRESSION AND ANXIETY DISORDER, WHO WAS LOCKED IN A SECLUSION ROOM, AND WHEN THAT KID DAMAGED THE DOORKNOB, TRYING TO GET OUT OF THE LOCKED ROOM, WAS CHARGED WITH DISORDERLY YOU HAD A 14-YEAR-OLD WHO WAS CONDUCT. SENT TO THE OFFICE JUST BEFORE LUNCH, AND WHILE WAITING TO SEE THE ASSISTANT PRINCIPAL, THE LUNCH BELL RANG. SHE WAITED LONGER BUT THEN SHE STARTED TO GO TO THE CAFETERIA BECAUSE SHE WAS HUNGRY AND THE SCHOOL RESOURCE OFFICER STOPPED HER IN THE HALL, TOLD HER TO GO BACK INTO THE OFFICE. SHE KEPT SAYING SHE WAS HUNGRY. SHE GOT AGITATED. SHE YELLED AT THE RESOURCE OFFICER THAT SHE WAS HUNGRY. THE OFFICER GRABBED HER ARM AND WHAT HE DIDN'T KNOW WAS THAT SHE HAD A HISTORY OF SEXUAL ABUSE, SO WHEN HE GRABBED HER, SHE PANICKED, AND SHE BECAME COMBATIVE. SHE WAS CHARGED WITH DISORDERLY CONDUCT. I'VE GOT MANY MORE EXAMPLES. AND WHAT IS HAPPENING, WHETHER WE LIKE IT OR NOT, IS, IN SOME CASES, RATHER THAN HANDLING THESE THROUGH THE DISCIPLINE PROCESS, THEY'RE AUTOMATICALLY BEING HANDLED THROUGH THE CRIMINAL PROCESS, AND WHAT THIS BILL DOES IS SAY, THEY SHOULD BE HANDLED THROUGH THE DISCIPLINE PROCESS FOR YOUNG KIDS WHO ARE GOING TO ACT OUT BUT AREN'T CRIMINALS. I ASK THAT YOU PASS THE BILL. MR. SPEAKER, WITH THE GENTLELADY YIELD FOR PURPOSES OF THE QUESTION? I WILL. THE GENTLEWOMAN YIELDS. MR. SPEAKER, I WOULD ASK THE GENTLELADY AND I UNDERSTAND THE SCENARIOS AND BEING A SCHOOLTEACHER I FULLY APPRECIATE THE CIRCUMSTANCES SHE ALLUDES TO. MY CONCERN IN THE SCENARIOS SHE LAID OUT AND WITH THIS LEGISLATION, I CAN'T THINK OF ANY OF THESE CIRCUMSTANCES SHE SPEAKS TO WHERE LAW ENFORCEMENT COULDN'T HAVE CHARGED THOSE STUDENTS WITH OTHER CHARGES. SOME EVEN MORE ON A HIGHER ORDER, POTENTIALLY A FELONY. SO I'M ALSO PERPLEXED IN IN LESS SHOULDN'T -- LEGISLATION, WITH THE UNDERLYING CONCERN WITH HOW MANY OF OUR STUDENTS, ESPECIALLY MIDDLE SCHOOL AND LOWER END UP BEING A PART OF OUR JUVENILE SYSTEM, I'M PUZZLED AND CAN'T SEE HOW THIS RESOLVES IT BECAUSE AS YOU TAKE AWAY THE DISORDERLY CONDUCT CHARGE, THERE'S OTHER LEGAL CHARGES THAT CAN BE BROUGHT TO BEAR ON THAT STUDENT THAT PUTS THEM IN THE EXACT SAME PLACE OR POTENTIALLY EVEN WORSE. AND SO COULD THE GENTLELADY SPEAK TO HOW THIS IS REALLY GETTING TO THE HEART OF HER PROBLEM? I'D BE HAPPY TO, MR. SPEAKER. WHERE THERE ARE OTHER CRIMES THAT THE CHILD CAN BE CHARGED WITH, USUALLY THAT'S A LITTLE MORE SERIOUS BEHAVIOR AND WE DID NOT WANT TO TAKE THOSE CHARGES AWAY IF THE CHARGES WERE MERITED. BUT WHAT A LOT OF THE PRACTITIONERS THAT PRACTICE IN THIS AREA HAVE SEEN IS DISORDERLY CONDUCT IS THE NUMBER ONE CHARGE BEING USED AGAINST KIDS THAT, WHEN YOU REALLY PEEL BACK THE LAYER, THEY SHOULD BE HANDLED THROUGH THE DISCIPLINARY PROCESS, BUT THEY'RE USING DISORDERLY CONDUCT TO GET THE KIDS OUT OF THE SCHOOL. MR. GILBERT. SPEAKING TO THE BILL, MR. SPEAKER?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

[Unknown]: MR. SPEAKER, I WILL BE THE FIRST ONE TO AGREE WITH THE GENTLEWOMAN FROM RICHMOND CITY THAT WE HAVE AN OVERREFERRAL PROBLEM IN THE JUVENILE JUSTICE SYSTEM AS FAR AS OUR SCHOOLS ARE CONCERNED. BUT WHAT SHE PROPOSES, AND IN FACT WHAT MOST OF THE BILLS WE HAVE ON THE FLOOR TODAY, ALL OF THE BILLS WE HAVE ON THE FLOOR TODAY DEALING WITH THIS TOPIC DO, IS OVERREACH. AND I AGREE THAT WE NEED TO FIND OUT WHY THIS IS GOING ON, WE NEED TO FIND OUT -- WE NEED TO PUT A STOP TO A BUNCH OF IT, BUT WHAT THIS BILL DOES, IS SAY THAT, IN NO CASE CAN YOU EVER CHARGE A STUDENT WITH DISORDERLY CONDUCT. IT IS BLANKET IMMUNITY. SO IT DOESN'T SOLVE THE PROBLEM OF LIMITING THE CASES WHERE IT SHOULDN'T BE USED; IT APPLIES TO THE CASES WHERE IT ABSOLUTELY SHOULD BE USED AND IS THE THING OF LAST RESORT THAT BOTH THE SCHOOL AND LAW ENFORCEMENT HAVE TO DEAL WITH A PROBLEM CHILD. SO THERE IS A WAY TO DO THIS. THIS IS AN EASY WAY TO TRY TO ACCOMPLISH IT THAT'S GOING TO CREATE A LOT MORE PROBLEMS THAN IT SOLVES. I WOULD HOPE THAT WE COULD SLOW DOWN AND TRY TO FIND THE TRUE SOURCE OF THIS PROBLEM WITH THE ABUSE OF DISCRETION OF WHO GETS SENT TO JUVENILE COURT AND WHO DOES NOT, BUT TO TAKE AWAY THIS TOOL FROM EVERY SINGLE CASE IS A WRONG IDEA, IT'S BAD PUBLIC POLICY, AND IT'S GOING TO HAVE BAD CONSEQUENCES DOWN THE ROAD FOR PUBLIC SAFETY. SO I WOULD ASK THAT WE OPPOSE THE BILL, PLEASE. MR. SPEAKER?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM LOUDOUN, MR. LaROCK.

Del. Dave LaRock (R-Loudoun): I WOULD LIKE TO ADD TO THE REMARKS THAT HAVE BEEN TOSSED OUT SO FAR THAT, YES, OUR PRISONS ARE OVERFLOWING, AND THERE IS A HUMAN COST, AND THERE IS AN ECONOMIC COST AND I FEAR THAT THE HUMAN COST IS NOT GETTING THE ATTENTION THAT IT NEEDS. SCHOOLS, AS WE ALL KNOW, ARE A PLACE WHERE CHILDREN GO TO BE SHAPED, AND IF LAW ENFORCEMENT AND COURTS HAVE THEIR WAY, I'M AFRAID THAT WE'RE GOING TO BE PUTTING KIDS INTO THE GOOD GUY OR BAD GUY CATEGORY. AS OPPOSED TO BRINGING THEM INTO SCHOOLS TO SHAPE THEM IN A WAY THAT THEY BECOME GOOD GUYS. SO I HOPE YOU'LL SUPPORT THIS BILL. THANK YOU VERY MUCH.

[Unknown]: MRS.?

Del. Dave LaRock (R-Loudoun): THE GENTLEMAN FROM SALEM.

Del. Bill Howell (R-Fredericksburg): WOULD THE GENTLEMAN FROM LOUDOUN YIELD FOR A YES?

[Unknown]: AS LONG AS IT'S FUNNY, MR. SPEAKER. THE GENTLEMAN YIELDS. >> THE GENTLEMAN JUST SAID SOMETHING TO DO WITH PRISON OVERCROWDING. I'D ASK HIM HOW MANY STUDENTS IN THE COMMONWEALTH COVERED BY THIS BILL ARE SUBJECT TO THE PRISON SYSTEM. I THINK THE PRISON SYSTEM IS THE END PRODUCT OF A SCHOOL SYSTEM THAT DOES NOT ADEQUATELY TAKE INTO CONSIDERATION THAT IT IS SHAPING YOUNG CHILDREN AND PREPARING THEM FOR LIFE. I'M NOT SURE THAT'S A SPECIFIC ANSWER BUT I -- IT'S PROBABLY THE BEST I CAN DO AT THIS POINT. THANK YOU. MR. SPEAKER, WOULD THE GENTLEMAN YIELD FOR ANOTHER QUESTION? I WILL. THE GENTLEMAN YIELDS. I BELIEVE THE GENTLEMAN'S BILL COVERS CHILDREN BELOW A CERTAIN AGE. I WOULD ASK THE GENTLEMAN, ARE CHILDREN BELOW THAT AGE ELIGIBLE TO BE PUT IN PRISON FOR DISORDERLY CONDUCT? AGAIN, THAT'S A QUESTION THAT THE QUESTIONER WOULD PROBABLY BE BETTER QUALIFIED TO ANSWER, OR SOMEONE ELSE WHO WOULD CHOOSE TO JUMP UP ON MY BEHALF. I DON'T SEE ANYBODY ELSE JUMPING UP SO WOULD THE GENTLEMAN YIELD FOR ANOTHER QUESTION? >> I WOULD ASK THE GENTLEMAN WHERE ELSE IN THE CODE WE HAVE AN IMMUNITY LIKE THIS. I'M NOT AWARE IF THERE ARE ANY. I SAY TO THE GENTLEMAN. MR. SPEAKER, WOULD THE GENTLEMAN YIELD FOR ANOTHER QUESTION? WILL THE GENTLEMAN YIELD? I WILL. I WOULD ASK THE GENTLEMAN IF HE THINK IT'S GOOD PUBLIC POLICY FOR THE EDUCATION COMMITTEE, WITHOUT THE COURTS COMMITTEE REVIEWING A BILL, TO DETERMINE WHAT CONDUCT SHOULD BE CRIMINALLY IMMUNE OR NOT. I WOULD SAY TO THE GENTLEMAN THAT IT IS GOOD POLICY WHEN EDUCATION HAS A DOMINANT SAY IN POLICIES THAT HAVE A STRONG EFFECT ON EDUCATION. MR. SPEAKER, I THANK THE GENTLEMAN.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN -- GENTLEWOMAN FROM FAIRFAX.

[Unknown]: SPEAKING TO THE BILL?

Del. Bill Howell (R-Fredericksburg): THE GENTLEWOMAN HAS THE FLOOR.

[Unknown]: I WOULD DRAW THE BODY'S ATTENTION TO THE, THE FACT PATTERN OF WHAT HAPPENS WHEN YOU CAN BE CHARGED WITH DISORDERLY CONDUCT. UP AT THE TOP OF THE BILL IT SAYS YOU'RE GUILTY OF DISORDERLY CONDUCT IF, WITH THE INTENT TO CAUSE PUBLIC INCONVENIENCE, ANNOYANCE, OR ALARM, OR RECKLESSLY CREATING A RISK THEREOF. THINK BACK TO JUNIOR HIGH. THINK HOW OFTEN THAT FACT PATTERN EXISTS. I PROBABLY SHOULDN'T TAKE YOUR TIME BUT I'M GOING TO DIGRESS. WHEN MY SON WAS IN JUNIOR HIGH, HE DECIDED THAT AS THEY LEFT THE EIGHTH GRADE THAT NOBODY WAS DOING ANY KIND OF A PRANK. I DIDN'T KNOW UNTIL I PICKED UP THE OTHER KIDS AT 4:00 IN THE MORNING THAT OTHER MOTHERS WEREN'T -- DIDN'T AGREE TO DO THIS, BUT I THOUGHT THE JUNIOR HIGH WAS JUST FINE, IT ALSO HAS SOME SIGNS, WE'LL MISS YOU, LOVE, WHATEVER THOSE KIDS DECIDED TO DO. NOW, I DID TELL THE KIDS AT 4:00 IN THE MORNING THAT, YOU KNOW, IF ANY POLICE CAR COMES UP, YOU FREEZE. AND I'LL HANDLE IT. I HADN'T RUN FOR OFFICE YET AT THAT TIME. BUT THE POINT IS THAT THERE ARE THINGS THAT ARE DONE IN GOOD HUMOR AND JESS -- JEST THAT SOME PEOPLE TAKE WRONG. WE SEE IT ALL THE TIME IN THIS BODY. AND WE'VE GOT TO CERTAINLY ALLOW THAT SOMEONE UNDER AGE 14 MIGHT JUST NOT QUITE HAVE THE JUDGMENT AND IT MIGHT IRRITATE SOMEBODY THAT YOU JUST INTENDED TO ANNO ME. YOU WOULDN'T SIT QUIET. YOU ANNOYED ME. THE FACT PATTERN JUST DOES NOT APPLY TO OUR SCHOOLS UNDER AGE 14. I HOPE YOU WILL PASS THIS BILL.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS ON ENGROSSING AND PASSING TO THIRD READING. AS MANY AS FAVOR THAT MOTION WILL SAY AYE; THOSE OPPOSED, NO.