BILL NUMBER: AB 1390	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 27, 2009

   An act to add Section 38006 to the Education Code, relating to
school safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1390, as introduced, Blumenfield. School security and police
departments: criminal activity involving firearms.
   (1) Existing law authorizes the governing board of a school
district to establish a security department under the supervision of
a chief of security or a police department under the supervision of a
chief of police, as designated by, and under the direction of, the
superintendent of the school district. Existing law authorizes the
governing board to employ personnel to ensure the safety of school
district personnel and pupils and the security of the real and
personal property of the school district. Existing law designates
persons employed and compensated as members of a police department of
a school district, when appointed and duly sworn, as peace officers.
Existing law prescribes the required training and conditions of
employment for school security officers.
   This bill would require a school security department or school
police department, within 24 hours of an incident of criminal
activity involving a firearm occurring on a schoolsite under the
control of the school district, to report the incident in writing to
the appropriate law enforcement agency having jurisdiction over the
area in which the incident occurred. The bill also would require a
school security department or school police department, within 24
hours of an incident in which a firearm is surrendered to or
otherwise seized by a school security officer or a school peace
officer on a schoolsite under the control of the school district, to
report the incident in writing to the appropriate law enforcement
agency having jurisdiction over the area in which the incident
occurred. The bill would require the law enforcement agency, upon
receiving the firearm from the school security department or school
police department, to store the firearm in the same location where
the agency maintains evidence for safekeeping.
   By requiring school security and police departments and local law
enforcement agencies to perform additional duties, this bill would
impose a state-mandated local program.
   (2) 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, 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.
   AB 1390, as introduced, Blumenfield. School security and police
departments: criminal activity involving firearms.
   (1) Existing law authorizes the governing board of a school
district to establish a security department under the supervision of
a chief of security or a police department under the supervision of a
chief of police, as designated by, and under the direction of, the
superintendent of the school district. Existing law authorizes the
governing board to employ personnel to ensure the safety of school
district personnel and pupils and the security of the real and
personal property of the school district. Existing law designates
persons employed and compensated as members of a police department of
a school district, when appointed and duly sworn, as peace officers.
Existing law prescribes the required training and conditions of
employment for school security officers.
   This bill would require a school security department or school
police department, within 24 hours of an incident of criminal
activity involving a firearm occurring on a schoolsite under the
control of the school district, to report the incident in writing to
the appropriate law enforcement agency having jurisdiction over the
area in which the incident occurred. The bill also would require a
school security department or school police department, within 24
hours of an incident in which a firearm is surrendered to or
otherwise seized by a school security officer or a school peace
officer on a schoolsite under the control of the school district, to
report the incident in writing to the appropriate law enforcement
agency having jurisdiction over the area in which the incident
occurred. The bill would require the law enforcement agency, upon
receiving the firearm from the school security department or school
police department, to store the firearm in the same location where
the agency maintains evidence for safekeeping.
   By requiring school security and police departments and local law
enforcement agencies to perform additional duties, this bill would
impose a state-mandated local program.
   (2) 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, 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.  Section 38006 is added to the Education Code, to read:
   38006.  (a) A school security department or school police
department, within 24 hours of an incident of criminal activity
involving a firearm occurring on a schoolsite under the control of
the school district, shall report the incident in writing to the
appropriate law enforcement agency having jurisdiction over the area
in which the incident occurred.
   (b) A school security department or school police department,
within 24 hours of an incident in which a firearm is surrendered to,
or otherwise seized by, a school security officer or a school peace
officer on a schoolsite under the control of the school district, the
incident shall report in writing to the appropriate law enforcement
agency having jurisdiction over the area in which the incident
occurred. The law enforcement agency, upon receiving the firearm from
the school security department or school police department, shall
store the firearm in the same location where the agency maintains
evidence for safekeeping.
  SEC. 2.  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.
  SECTION 1.  Section 38006 is added to the Education Code, to read:
   38006.  (a) A school security department or school police
department, within 24 hours of an incident of criminal activity
involving a firearm occurring on a schoolsite under the control of
the school district, shall report the incident in writing to the
appropriate law enforcement agency having jurisdiction over the area
in which the incident occurred.
   (b) A school security department or school police department,
within 24 hours of an incident in which a firearm is surrendered to,
or otherwise seized by, a school security officer or a school peace
officer on a schoolsite under the control of the school district, the
incident shall report in writing to the appropriate law enforcement
agency having jurisdiction over the area in which the incident
occurred. The law enforcement agency, upon receiving the firearm from
the school security department or school police department, shall
store the firearm in the same location where the agency maintains
evidence for safekeeping.
  SEC. 2.  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.