BILL ANALYSIS SENATE COMMITTEE ON EDUCATION Gloria Romero, Chair 2009-2010 Regular Session BILL NO: AB 1390 AUTHOR: Blumenfield AMENDED: June 1, 2009 FISCAL COMM: Yes HEARING DATE: July 8, 2009 URGENCY: No CONSULTANT: Lynn Lorber NOTE: This bill has been referred to the Committees on Education and Public Safety. A "do pass" motion should include referral to the Committee on Public Safety. SUBJECT : School security and police departments: report to law enforcement. SUMMARY This bill requires a school security or police department to electronically notify appropriate county or city law enforcement authorities within 24 hours, if a pupil or non-pupil on a schoolsite has been found in possession of explosives or a firearm. BACKGROUND Current law authorizes school districts to establish security or police departments and 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. Current law also declares that a school district police or security department is supplementary to city and county law enforcement agencies and is not vested with general police powers. Current law also requires the principal of a school or the principal's designee to notify the appropriate law enforcement authorities of the county or city in which the school is situated if a pupil may have committed any of the following 1. Assault with a deadly weapon likely to result in great bodily injury. Notification is to occur prior to the suspension or expulsion. AB 1390 Page 2 2. Possession, use, selling of a controlled substance, within one schoolday after suspension or expulsion. 3. Offering, arranging or negotiating to sell a controlled substance, alcohol or any intoxicant, within one schoolday after suspension or expulsion. 4. Acts that may involve possession or sale of a controlled substance, or possession of specified guns or knives within 1,000 of a school. Current law also imposes a maximum fine of $500 for willful failure to report any violations described above, to be paid by the principal or principal's designee who is responsible for the failure and provides that a principal, the principal's designee, or any other person reporting a known or suspected act described above is not civilly or criminally liable as a result of making the report unless it can be proven that a false report was made deliberately. ANALYSIS This bill 1) Requires a school security department or school police department to notify the appropriate county or city law enforcement authorities having jurisdiction where the incident occurred, if a pupil or non-pupil on a schoolsite has committed either of the following acts: a) Possession, sale, or otherwise furnishing a firearm, unless the pupil had obtained prior written permission to possess the firearm. b) Possession of an explosive. 2) Requires that the notification be made electronically within 24 hours of the act. STAFF COMMENTS 1) Immediate Suspension . Current law requires the immediate suspension, and recommended expulsion, of a pupil that a principal or superintendent determines has committed either of the acts that must be reported AB 1390 Page 3 pursuant to this bill at school or at a school activity off school grounds. 2) Suspected violations . Current law requires school principals to notify law enforcement about acts of a pupil that may have violated law. This bill requires school security or police to notify law enforcement about acts committed by a pupil or non-pupil. Staff recommends an amendment to instead indicate that the pupil may have violated the provisions specified in this bill. 3) Principal vs. security . While it is conceivable that a school principal would designate school security or police to notify law enforcement pursuant to current law, is it unclear why this bill does not specifically allow school security or police to notify law enforcement for offenses listed in current law. Why should school principals or the principal's designee report some offenses but school security or police report others? Additionally, current law imposes a maximum fine of $500 for willful failure to report any violations described above, to be paid by the principal or principal's designee who is responsible for the failure. Shouldn't school security or police be subject to the same penalty? Further, current law requires the principal or the principal's designee reporting a criminal act committed by a school age individual with exceptional needs to ensure that copies of the special education and disciplinary records of the pupil are transmitted. Should school security or police be subject to the same requirement? 4) Fiscal impact . According to the Assembly Floor analysis, the Assembly Appropriations Committee believes this bill would impose annual increased General Fund (Prop 98) state reimbursable mandated costs, likely approximately $75,000 statewide. SUPPORT California District Attorneys Association AB 1390 Page 4 Crime Victims United of California Los Angeles School Police Department Los Angeles Unified School District Office of the City Attorney OPPOSITION None received.