BILL NUMBER: AB 1390 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 27, 2009
An act to add Section 38006 to amend
Section 48902 of the Education Code, relating to school safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1390, as amended, Blumenfield. School safety: 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
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
requires the principal of a school, or a principal's designee, prior
to the suspension or expulsion of any pupil, to notify the
appropriate law enforcement agencies of the county or city of which
the school is situated, of certain criminal acts of the
pupil. Existing law requires the principal, or a principal's
designee, within one schoolday after suspension or expulsion of any
pupil, to notify the appropriate law enforcement authority of the
county or the school district in which the school is situated of any
acts of the pupils that may violate specified alcohol, intoxicant, or
controlled substance related crimes .
This bill would require a an authorized
school security department or school police department 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 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 to 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 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 any act by a
pupil or nonpupil taking place on a schoolsite, to the appropriate
county or city law enforcement agency having jurisdiction over the
area in which the incident occurred, involving specified acts
relating to firearms, a knife, controlled substances, sexual assault,
or possession of an explosive, as specified .
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 48902 of the
Education Code is amended to read:
48902. (a) The principal of a school or the principal's designee
shall, prior to the suspension or expulsion of any pupil, notify the
appropriate law enforcement authorities of the county or city in
which the school is situated, of any acts of the pupil that may
violate Section 245 of the Penal Code.
(b) The principal of a school or the principal's designee shall,
within one schoolday after suspension or expulsion of any pupil,
notify, by telephone or any other appropriate method chosen by the
school, the appropriate law enforcement authority
authorities of the county or the school district in which
the school is situated of any acts of the pupils that may violate
subdivision (c) or (d) of Section 48900.
(c) Notwithstanding subdivision (b), the principal of a school or
the principal's designee shall notify the appropriate law enforcement
authorities of the county or city in which the school is located of
any acts of a student that may involve the possession or sale of
narcotics or of a controlled substance or a violation of Section
626.9 or 626.10 of the Penal Code.
(d) A school security department, or school police department,
which is authorized pursuant to Section 38000, shall notify, within
24 hours, in writing, the appropriate county or city law enforcement
authorities having jurisdiction where the incident occurred, of any
act by a pupil or nonpupil specified in subdivision (c) of Section
48915, taking place on a schoolsite.
(d)
(e) A principal, the principal's designee, or any other
person reporting a known or suspected act described in subdivision
(a) or (b) is not civilly or criminally liable as a result of making
any report authorized by this article unless it can be proven that a
false report was made and that the person knew the report was false
or the report was made with reckless disregard for the truth or
falsity of the report.
(e)
(f) The willful failure to make any report required by
this section is an infraction punishable by a fine to be paid by the
principal or principal's designee who is responsible for the failure
of not more than five hundred dollars ($500).
(f)
(g) The principal of a school or the principal's
designee reporting a criminal act committed by a schoolage individual
with exceptional needs, as defined in Section 56026, shall ensure
that copies of the special education and disciplinary records of the
pupil are transmitted, as described in paragraph (9) of subsection
(k) of Section 1415 of Title 20 of the United States Code, for
consideration by the appropriate authorities to whom he or she
reports the criminal act. Any copies of the pupil's special education
and disciplinary records may be transmitted only to the extent
permissible under the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
SECTION 1. Section 38006 is added to the
Education Code, to read:
38006. (a) A school security department or school police
department 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 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 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.