BILL NUMBER: AB 870	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 26, 2009

   An act to amend Section 626.10 of the Penal Code, relating to
crime.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 870, as amended, Huber. Crime: school grounds: prohibited
weapons.
   Existing law makes it a misdemeanor or a felony for a person,
subject to exceptions, to bring or possess any of specified weapons,
including dirks, daggers, ice picks, certain knives,  razors with
 unguarded  razor  blades, tasers, stun guns,
instruments expelling metallic projectiles, and spot marker guns,
upon the grounds of, or within, any public or private school
providing instruction in kindergarten or grades 1 to 12, inclusive.
   This bill would  also   , in addition, 
make it a misdemeanor  or felony  to bring or
possess a razor blade or box cutter upon those school grounds, except
as provided. Because this bill  would expand the scope of
existing crimes   create new crimes  , it would
impose a state-mandated local program.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   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.  Section 626.10 of the Penal Code is amended to read:
   626.10.  (a)  (1)    Any person, except a duly
appointed peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in this state, a person summoned by any officer to
assist in making arrests or preserving the peace while the person is
actually engaged in assisting any officer, or a member of the
military forces of this state or the United States who is engaged in
the performance of his or her duties, who brings or possesses
 a   any  dirk,  a 
dagger,  an  ice pick,  a  knife
having a blade longer than 21/2 inches,  a  folding
knife with a blade that locks into place,  a  razor
with an unguarded blade,  a razor blade, a box cutter, a
 taser, or  a  stun gun, as defined in
subdivision (a) of Section 244.5,  an   any
 instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or  a   any  spot marker gun, upon
the grounds of, or within, any public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, is
guilty of a public offense, punishable by imprisonment in a county
jail not exceeding one year, or by imprisonment in the state prison.

   (2) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses a razor blade or a box cutter,
upon the grounds of, or within, any public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, is guilty of a public offense, punishable by imprisonment
in a county jail not exceeding one year. 
   (b) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick, or
knife having a fixed blade longer than 21/2 inches upon the grounds
of, or within, any private university, the University of California,
the California State University, or the California Community Colleges
is guilty of a public offense, punishable by imprisonment in a
county jail not exceeding one year, or by imprisonment in the state
prison.
   (c) Subdivisions (a) and (b) do not apply to any person who brings
or possesses a knife having a blade longer than 21/2 inches, a razor
with an unguarded blade, a razor blade, or a box cutter upon the
grounds of, or within, a public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, or
any private university, state university, or community college at the
direction of a faculty member of the private university, state
university, or community college, or a certificated or classified
employee of the school for use in a private university, state
university, community college, or school-sponsored activity or class.

   (d) Subdivisions (a) and (b) do not apply to any person who brings
or possesses an ice pick, a knife having a blade longer than 21/2
inches, a razor with an unguarded blade, a razor blade, or a box
cutter upon the grounds of, or within, a public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, or any private university, state university, or community
college for a lawful purpose within the scope of the person's
employment.
   (e) Subdivision (b) does not apply to any person who brings or
possesses an ice pick or a knife having a fixed blade longer than
21/2 inches upon the grounds of, or within, any private university,
state university, or community college for lawful use in or around a
residence or residential facility located upon those grounds or for
lawful use in food preparation or consumption.
   (f) Subdivision (a) does not apply to any person who brings an
instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun  ,   or any razor blade
or box cutter  upon the grounds of, or within, a public or
private school providing instruction in kindergarten or any of grades
1 to 12, inclusive, if the person has the written permission of the
school principal or his or her designee.
   (g) Any certificated or classified employee or school peace
officer of a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, may seize any of
the weapons described in subdivision (a), and any certificated or
classified employee or school peace officer of any private
university, state university, or community college may seize any of
the weapons described in subdivision (b), from the possession of any
person upon the grounds of, or within, the school if he or she knows,
or has reasonable cause to know, the person is prohibited from
bringing or possessing the weapon upon the grounds of, or within, the
school.
   (h) As used in this section, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death.
   (i) Any person who, without the written permission of the college
or university president or chancellor or his or her designee, brings
or possesses a less lethal weapon, as defined in Section 12601, or a
stun gun, as defined in Section 12650, upon the grounds of or within,
a public or private college or university campus is guilty of a
misdemeanor.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.