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. 




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             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  




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               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




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          Crime Victims United of California
          Los Angeles School Police Department
          Los Angeles Unified School District
          Office of the City Attorney

           OPPOSITION

           None received.