BILL NUMBER: AB 1390	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

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 amended, 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   to make a written report,
within 24 hours of the incident, regarding an incident occurring on a
school campus that involves either a crime accompanied by the use or
possession of  a firearm  occurring on a schoolsite
under the control of the school district, to report the incident in
writing   or any of several specified acts for which a
school principal or school district superintendent is required to
recommend a pupil for expulsion  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
  to make a written report, wi   thin 24 hours
of the incident, regarding  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  
school campus  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   shall make a written report, within 24 hours of
the incident, regarding an incident occurring on a school campus
that involves either a crime accompanied by the use or possession of
a firearm or any of the acts specified in Section 48915 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   shall make a written
report, within 24 hours of the incident, regarding  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   school campus  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.