Citation and arrest by a school resource officer — Definition

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  1. (a) As used in this section, “school resource officer” means a school resource officer as described under § 6-10-128.

  2. (b) A school resource officer may issue a citation to a person to appear in the local district court having jurisdiction over the place where a violation of state law occurred even if the school resource officer is outside of his or her jurisdiction if:

    1. (1) The school resource officer is accompanying students on a school-sanctioned event that takes the students outside the county in which the school is located;

    2. (2) The violation of state law is in conjunction with criminal activity that directly involves the students, school employees, or other persons participating in, observing, or assisting the school-sanctioned event; and

    3. (3) The person who is the recipient of the citation is a student, school employee, or other person participating in, observing, or assisting the school-sanctioned event.

  3. (c) The school resource officer shall use a citation book that substantially complies with the citation requirements under § 16-10-205.

  4. (d)

    1. (1) A citation issued under this section is not valid unless the school resource officer provides at a minimum:

      1. (A) The address and phone number of the district court having jurisdiction;

      2. (B) The date and time when the recipient of the citation is to appear in the district court;

      3. (C) A cite to the specific state law that was alleged to have been violated;

      4. (D) The printed name and date of birth of the person receiving the citation; and

      5. (E)

        1. (i) An opportunity for the person receiving the citation to sign the citation.

        2. (ii) If the person who is to receive the citation refuses to sign the citation, the school resource officer is required to arrest the person and deliver him or her to the local law enforcement agency having jurisdiction immediately.

    2. (2) The school resource officer shall file a copy of the citation issued under this section at least fifteen (15) days before the court date listed on the citation.

    3. (3) The school resource officer shall provide a person receiving a citation under this section a full and complete copy of the citation.


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