BILL NUMBER: SB 337	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2005

INTRODUCED BY   Senator Maldonado

                        FEBRUARY 16, 2005

   An act to add Sections 66017.5 and 69433.2 to the Education Code,
relating to postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 337, as amended, Maldonado.  Postsecondary education: public
postsecondary institutions.
   (1) Existing law, known as the Donahoe Higher Education Act, sets
forth, among other things, the missions and functions of California's
public and independent segments of higher education, and their
respective institutions of higher education. Provisions of the act
apply to the University of California only to the extent that the
Regents of the University of California, by appropriate resolution,
act to make a provision applicable.
   This bill would add a provision to the Donahoe Higher Education
Act that would require the governing board of a community college
district and the Trustees of the California State University, and
that would request the Regents of the University of California, to
immediately dismiss, from any institution within its jurisdiction,
any student who is convicted of  an offense requiring the
student to register as a sex offender under a prescribed provision of
the Penal Code   ,   pleads guilty to, or is
adjudicated a delinquent minor with respect to, a violation of any of
several specified offenses, including battery on a peace officer
when that violation occurs at the scene of a riot or unlawful
assembly; riot; incitement to riot; lynching; remaining present at
the scene of a riot after a warning to disperse; and assembly for the
purpose of disturbing the public peace  . The bill would
authorize a student who is dismissed under this provision to apply
for readmission to the institution from which he or she was dismissed
after at least one year has elapsed from the date of his or her
dismissal.
   The bill would also add to the Donahoe Higher Education Act a
provision that would prohibit campuses of the California Community
Colleges and the California State University from admitting any
applicant who  is required to register as a sex offender
under a prescribed provision of the Penal Code   has
been convicted of, pleaded guilty to, or has been adjudicated a
delinquent minor with respect to, a violation of any of the offenses
described above,  unless and until at least one year has elapsed
from the time that the applicant has filed an otherwise timely
application for admission. The bill would also express the intent of
the Legislature that the Regents of the University of California
adopt a policy for that university that is at least as stringent as
this provision.
   Because these provisions would impose new duties on community
college districts, they would constitute a state-mandated local
program.
   (2) Existing law, known as the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Act, establishes the
Cal Grant A and B entitlement awards, the California Community
College Transfer Entitlement awards, the Competitive Cal Grant A and
B awards, the Cal Grant C awards, and the Cal Grant T awards under
the administration of the Student Aid Commission, and establishes
eligibility requirements for awards under these programs for
participating students attending qualifying institutions.
   This bill would prohibit a person who has been convicted of any of
several  prescribed   specified  offenses,
including  willful resistance, delay, or obstruction of a
public officer, peace officer, or emergency medical technician;
sexual battery; rape   battery on a peace officer when
that violation occurs at the scene of a riot or unlawful assembly
 ; riot; incitement to riot;  rout; unlawful assembly
  lynching  ; remaining present at the scene of a
riot after a warning to disperse;  and  assembly for the
purpose of disturbing the public peace  ; and disorderly
conduct; or who is required to register as a sex offender under a
prescribed provision of the Penal Code  , from being
eligible for a Cal Grant award unless and until at least 2 years have
elapsed from the time that the applicant has filed an otherwise
timely application.

  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.This bill would provide that, if the Commission on State
Mandates determines that the bill contains costs mandated by the
state, reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


   SECTION 1.   (a) The Legislature finds and declares all
of the following:
   (1) Riots, and similar large disturbances, are occurring with
increasing frequency around California and throughout the nation.
   (2) These disturbances are frequently associated with large
gatherings of college students.
   (3) Rioting, and crimes that are associated with rioting, pose a
risk not just to the police and the community, but also to the
student population.
   (b) It is, therefore, the intent of the Legislature to deter this
behavior by enacting legislation that will provide for dismissal from
public postsecondary institutions, and loss of state financial aid,
for students who commit riot-related offenses.
   SECTION 1. 
   SEC. 2.   Section 66017.5 is added to the Education Code,
to read:
   66017.5.  Notwithstanding any other provision of law:
   (a)  (1)    The governing board of a community
college district and the Trustees of the California State University
shall, and the Regents of the University of California are requested
to, immediately dismiss, from an institution within its jurisdiction,
any student who is convicted  of an offense requiring the
student to register pursuant to Section 290 of the Penal Code. A
  , pleads guilty to, or is adjudicated a delinquent
minor with respect to, a   violation of any of the
following:  
   (A) Subdivision (b) of Section 243 of the Penal Code, when the
violation occurs at the scene of a riot or unlawful assembly. 

   (B) Section 404 of the Penal Code.  
   (C) Section 404.6 of the Penal Code.  
   (D) Subdivision (a) of Section 405 of the Penal Code.  
   (E) Section 409 of the Penal Code.  
   (F) Section 416 of the Penal Code. 
    (2)    A  student who is dismissed
pursuant to this subdivision may apply for readmission to the
institution from which he or she was dismissed after at least one
year has elapsed from the date of his or her dismissal.(b)  (1)
    No campus of the California Community Colleges or
the California State University shall admit any applicant who
 is required to register pursuant to Section 290 of the Penal
Code   has been convicted of, pleaded guilty to, or has
been adjudicated a delinquent minor with respect to, a violation of
any of the following:  
   (A) Subdivision (b) of Section 243 of the Penal Code, when the
violation occurs at the scene of a riot or unlawful assembly. 

   (B) Section 404 of the Penal Code.  
   (C) Section 404.6 of the Penal Code.  
   (D) Subdivision (a) of Section 405 of the Penal Code.  
   (E) Section 409 of the Penal Code.  
   (F) Section 416 of the Penal Code. 
    (2)     An applicant to whom this
subdivision applies may not be admitted to a campus of the California
Community Colleges or the California State University  unless
and until at least one year has elapsed from the time that the
applicant has filed an otherwise timely application for admission. It
is the intent of the Legislature that the Regents of the University
of California adopt a policy for that university that is at least as
stringent as this subdivision.
   SEC. 2. 
  SEC. 3.   Section 69433.2 is added to the Education Code,
to read:
   69433.2.  Notwithstanding any other provision of law, a person who
has been convicted of a violation of   Section 148, 243.4,
261, 404, 404.6, 406, 407, 409, 416, or 647 of the Penal Code, or who
is required to register pursuant to Section 290 of the Penal Code
  any of the provisions listed in subdivisions (a) to
(f), inclusive  , is not eligible to receive a Cal Grant award
unless and until at least two years have elapsed from the time that
the applicant has filed an otherwise timely application  .
  : 
    SEC. 3.  
   (a) Subdivision (b) of Section 243 of the Penal Code, when the
violation occurs at the scene of a riot or unlawful assembly. 

   (b) Section 404 of the Penal Code.  
   (c) Section 404.6 of the Penal Code.  
   (d) Subdivision (a) of Section 405 of the Penal Code.  
   (e) Section 409 of the Penal Code.  
   (f) Section 416 of the Penal Code. 
  SEC. 4.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
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CORRECTIONS  Text‑pages 3, 4 and 5.
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