{
 "citation": "14:95.9",
 "heading": "Wearing or possessing body armor, by a student or nonstudent on school property,",
 "doc_id": "508459",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=508459",
 "classification": "M",
 "enacted_year": "2008",
 "last_amended_year": "2018",
 "penalties": [
  {
   "subsection": "D",
   "text": "Whoever commits the crime of wearing or possessing body armor by a student or nonstudent on school property, at a school-sponsored function, or in a firearm-free zone shall be fined not more than one thousand dollars, or imprisoned, without hard labor, for not less than six months nor more than one year, or both.",
   "los_min": "6M",
   "los_max": "1Y",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "G",
   "text": "Any principal or school official in charge who fails to report the detention of a student or the seizure of body armor to a law enforcement agency as required by Paragraph (F)(2) of this Section within seventy-two hours of notice of the detention or seizure may be issued a misdemeanor summons for a violation of this Section and may be fined not more than five hundred dollars or sentenced to not mo",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "40:1379.1"
 ],
 "text": "RS 14:95.9\n\n\u00a795.9. Wearing or possessing body armor, by a student or nonstudent on school property,\nat school-sponsored functions, or in firearm-free zones; exceptions\n\nA. Wearing or possessing body armor, by a student or nonstudent on school property,\nat a school-sponsored function, or in a firearm-free zone is unlawful and shall be defined as\nwearing or possessing of body armor, on one's person, at any time while on a school campus,\non school transportation, or at any school-sponsored function in a specific designated area\nincluding but not limited to athletic competitions, dances, parties, or any extracurricular\nactivities, or within one thousand feet of any school campus.\n\nB. For purposes of this Section, the following words have the following meanings:\n\n(1) \"Body armor\" shall mean bullet-resistant metal or other material intended to\nprovide protection from weapons or bodily injury.\n\n(2) \"Campus\" means all facilities and property within the boundary of the school\nproperty.\n\n(3) \"Nonstudent\" means any person not registered and enrolled in that school or a\nsuspended student who does not have permission to be on the school campus.\n\n(4) \"School\" means any elementary, secondary, high school, vocational-technical\nschool, college, or university in this state.\n\n(5) \"School bus\" means any motor bus being used to transport children to and from\nschool or in connection with school activities.\n\nC. The provisions of this Section shall not apply to:\n\n(1) A federal, state, or local law enforcement officer in the performance of his\nofficial duties.\n\n(2) A school official or employee acting during the normal course of his employment\nor a student acting under the direction of such school official or employee.\n\n(3) A person who has notified the school principal or chancellor in writing at least\ntwenty-four hours prior to wearing body armor.\n\n(4) The wearing or possessing of body armor occurring within one thousand feet of\nschool property and entirely on private property, or entirely within a private residence, or in\naccordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.\n\n(5) Any constitutionally protected activity which cannot be regulated by the state,\nsuch as body armor contained entirely within a motor vehicle.\n\n(6) Any student wearing or possessing body armor to or from a class, in which he is\nduly enrolled, that requires the use of the body armor in the class.\n\n(7) A student enrolled or participating in an activity requiring the use of body armor.\n\n(8) A student wearing, carrying, or possessing a backpack on school property or a\nschool bus that has bullet-resistant metal or other material intended to provide protection\nfrom weapons or bodily injury.\n\nD. Whoever commits the crime of wearing or possessing body armor by a student\nor nonstudent on school property, at a school-sponsored function, or in a firearm-free zone\nshall be fined not more than one thousand dollars, or imprisoned, without hard labor, for not\nless than six months nor more than one year, or both.\n\nE. Lack of knowledge that the prohibited act occurred on or within one thousand feet\nof school property shall not be a defense.\n\nF.(1) School officials shall notify all students and parents of the impact of this\nlegislation and shall post notices of the impact of this Section at each major point of entry\nto the school. These notices shall be maintained as permanent notices.\n\n(2) If a student is detained by the principal or other school official for violation of\nthis Section or the school principal or other school official confiscates or seizes body armor\nfrom a student while upon school property, at a school function, or on a school bus, the\nprincipal or other school official in charge at the time of the detention or seizure shall\nimmediately report the detention or seizure to the police department or sheriff's department\nwhere the school is located and shall deliver any body armor seized to that agency.\n\n(3) If a student is detained pursuant to Paragraph (2) of this Subsection for wearing\nor possessing body armor on campus, the principal shall immediately notify the student's\nparents.\n\nG. Any principal or school official in charge who fails to report the detention of a\nstudent or the seizure of body armor to a law enforcement agency as required by Paragraph\n(F)(2) of this Section within seventy-two hours of notice of the detention or seizure may be\nissued a misdemeanor summons for a violation of this Section and may be fined not more\nthan five hundred dollars or sentenced to not more than forty hours of community service,\nor both. Upon successful completion of the community service or payment of the fine, or\nboth, the arrest and conviction shall be set aside as provided for in Code of Criminal\nProcedure Article 894(B).\n\nActs 2008, No. 747, \u00a71; Acts 2018, No. 523, \u00a71, eff. May 23, 2018."
}