Second Regular Session H.B. 2489
COMMITTEE ON EDUCATION
SENATE AMENDMENTS TO H.B. 2489
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 12, chapter 5, article 12, Arizona Revised Statutes, is amended by adding section 12-720, to read:
12-720. Qualified immunity; mental health reporting
A PERSON WHO IN GOOD FAITH AND WITH ACTUAL KNOWLEDGE OR RELIABLE INFORMATION CONTACTS OR MAKES A REPORT TO A LAW ENFORCEMENT AGENCY, A MENTAL HEALTH AGENCY OR ORGANIZATION OR, IF THE PERSON IS A STUDENT, A SCHOOL OFFICIAL REGARDING A PERSON WHO IS A DANGER TO SELF OR TO OTHERS IS NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION THAT IS BASED ON THAT CONTACT OR REPORT.
Sec. 2. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-200, to read:
41-200. Safe‑to‑tell program; requirements; confidentiality; hotline; training; fund; program termination
A. If sufficient monies are available for this purpose, The attorney general shall establish the safe-to-tell program within the office of the attorney general to enable any person to anonymously report any dangerous, violent or unlawful activity that is being conducted or is threatened to be conducted on school property, at a public school‑sponsored activity or on a school bus of a public school. The attorney general shall manage the program in cooperation with a counterterrorism information center that is designed for and used by local, state and federal law enforcement personnel.
B. Information relating to a dangerous, violent or unlawful activity or any threat of a dangerous, violent or unlawful activity that is reported pursuant to this section is confidential and, except as otherwise required to be disclosed by law in connection with a criminal investigation or proceeding, may not be disclosed to any person.
C. The program established pursuant to this section must include methods and procedures to ensure that:
1. Information reported pursuant to this section is promptly forwarded to the appropriate law enforcement agencies and school officials.
2. The identity of a person who reports information pursuant to this section is not disclosed to:
(a) An employee of the office of the attorney general.
(b) Any person who contracts with, serves as a volunteer with or otherwise assists a person or organization with whom the attorney general contracts.
(c) Any other person except as required to be disclosed by law in connection with a criminal investigation or proceeding.
D. The attorney general may enter into agreements with a qualified third party to operate a hotline or call center to receive initial reports pursuant to this section and to forward the information to the appropriate law enforcement agencies and school officials.
E. The attorney general shall offer training regarding the safe‑to‑tell program to law enforcement personnel and to employees of school districts and charter schools.
F. The attorney general shall:
1. Post information about the safe-to-tell program on the attorney general's website.
2. Provide to each public school in this state materials about the safe‑to‑tell program that include the telephone number to call to make an anonymous report.
G. The safe‑to‑tell fund is established consisting of appropriations, grants and private donations. The attorney general shall administer the fund. Monies in the fund may be distributed to implement and operate the safe‑to‑tell program established pursuant to this section. Monies in the fund are continuously appropriated. The attorney general may accept and deposit federal monies and private grants, gifts, contributions and devises in the fund to assist in carrying out the purposes of this section.
H. if applicable, a person who files an anonymous report pursuant to this section is entitled to qualified immunity as prescribed in section 12‑720.
I. The program established pursuant to this section ends on July 1, 2028 pursuant to section 41‑3102.
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."
Amend title to conform