13-709. Offenses committed in school safety
zone; sentences; definitions
A. Except as otherwise prescribed in section 13-3411, a person who is convicted of
a felony offense that is committed in a school safety zone is guilty of the same class of
felony that the person would otherwise be guilty of if the violation had not occurred
within a school safety zone, except that the court may impose a sentence that is one year
longer than the minimum, maximum and presumptive sentence for that violation if the
person is not a criminal street gang member or up to five years longer than the minimum,
maximum and presumptive sentence for that violation if the person is a criminal street
gang member. The additional sentence imposed under this subsection is in addition to any
other enhanced punishment that may be applicable under section 13-703, section 13-704,
section 13-706, section 13-708, subsection D or chapter 34 of this title.
B. In addition to any other penalty prescribed by this title, the court may order a
person who is subject to subsection A of this section to pay a fine of not less than two
thousand dollars and not more than the maximum authorized by chapter 8 of this title.
C. Each school district governing board or its designee, or chief administrative
officer in the case of a nonpublic or charter school, may place and maintain permanently
affixed signs that are located in a visible manner at the main entrance of each school
and that identify the school and its accompanying grounds as a school safety zone. A
school may include information regarding the school safety zone boundaries on a sign that
identifies the area as a drug free zone and not post separate school safety zone signs.
D. For the purposes of this section:
1. "School" means any public or nonpublic kindergarten program, common school or
high school.
2. "School safety zone" means any of the following:
(a) The area within three hundred feet of a school or its accompanying grounds.
(b) Any public property within one thousand feet of a school or its accompanying
grounds.
(c) Any school bus.
(d) A bus contracted to transport pupils to any school during the time when the
contracted vehicle is transporting pupils on behalf of the school.
(e) A school bus stop.
(f) Any bus stop where school children are awaiting, boarding or exiting a bus
contracted to transport pupils to any school.
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