City of Albuquerque - File #: O-16-26

• File #: O-16-26
• Type: Ordinance
• Status: Enacted
• File created: 10/5/2016
• In control: City Council
• Final action: 11/7/2016
• Enactment date: 11/23/2016
• Enactment #: O-2016-023
• Title: Adopting A New Section Or Article 2 Chapter 12 ROA 1994, Offenses Relating To Public Order And Safety Within The Criminal Code Of Albuquerque; Proscribing Criminal Threats Against Schools Or Public Places (Davis)

Date	Action By	Action	Result
11/23/2016	City Clerk	Published
11/21/2016	Mayor	Signed by the Mayor
11/18/2016	City Council	Sent to Mayor for Signature
11/7/2016	City Council	Passed	Pass
10/17/2016	City Council	Accepted with a Recommendation Do Pass
10/10/2016	Finance & Government Operations Committee	Sent to Council with a recommendation of Do Pass	Pass
10/5/2016	City Council	Introduced and Referred
10/5/2016	President	Referred

CITY of ALBUQUERQUE
TWENTY-SECOND COUNCIL


COUNCIL BILL NO. O-16-26 ENACTMENT NO. ________________________

SPONSORED BY: Patrick Davis

ORDINANCE
title
Adopting A New Section Or Article 2 Chapter 12 ROA 1994, Offenses Relating To Public Order And Safety Within The Criminal Code Of Albuquerque; Proscribing Criminal Threats Against Schools Or Public Places (Davis)
body
ADOPTING A NEW SECTION OR ARTICLE 2 CHAPTER 12 ROA 1994, OFFENSES RELATING TO PUBLIC ORDER AND SAFETY WITHIN THE CRIMINAL CODE OF ALBUQUERQUE; PROSCRIBING CRIMINAL THREATS AGAINST SCHOOLS OR PUBLIC PLACES.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. Findings
WHEREAS, violent threats against schools which threaten the safety of our community and children have seen a dramatic rise in recent years; and
WHEREAS, the nature and origin of such threats have expanded to more modern forms of media such as email or social media, which forms have not traditionally been subject to existing criminal laws against threats to public safety; and
WHEREAS, notwithstanding the reality of such threats, this ordinance is drafted with a commitment to honor protected speech and first amendment rights.
SECTION 2. Section 12-2-29, ROA 1994, is hereby adopted as follows:
"(A) SHORT TITLE.
SECTION ?12-2-29 ROA 1994 shall be known and cited as the "Safe Schools and Public Places Ordinance".
(B) DEFINITIONS.
CRIMINAL THREAT TO A SCHOOL OR PUBLIC PLACE. For purposes of this section a criminal threat to a school or public place is any true threat, other than a "bomb scare" as already proscribed under NMSA 1978 ? 30-20-16, to commit violence communicated with intent to place another in fear, or to cause the evacuation, lock down or disruption in regular, ongoing activities of any school building, public building or space, or place of assembly or facility or transportation, or in reckless disregard of the risk of causing such fear or evacuation, lock do...