BILL ANALYSIS SENATE COMMITTEE ON PUBLIC SAFETY Senator Mark Leno, Chair A 2009-2010 Regular Session B 1 3 9 AB 1390 (Blumenfield) 0 As Amended June 1, 2009 Hearing date: July 14, 2009 Education Code SM:mc SCHOOL NOTIFICATION OF LAW ENFORCEMENT REGARDING WEAPONS OR EXPLOSIVES ON CAMPUS HISTORY Source: Los Angeles City Attorney's Office Prior Legislation: AB 1859 (Papan) - Chap. 492, Stats. 2002 SB 232 (Hughes) - Chap. 205, Stats. 1995 SB 2635 - Chap. 1697, Stats. 1990 Support: California District Attorneys Association; Los Angeles Unified School District; Los Angeles School Police Department Opposition:California Public Defenders Association Assembly Floor Vote: Ayes 76 - Noes 1 KEY ISSUE SHOULD A SCHOOL SECURITY DEPARTMENT, OR SCHOOL POLICE DEPARTMENT, AS SPECIFIED, BE REQUIRED TO NOTIFY LAW ENFORCEMENT AUTHORITIES OF ANY ACT COMMITTED ON SCHOOL GROUNDS IN WHICH THE PERSON ALLEGEDLY (More) AB 1390 (Blumenfield) PageB POSSESSED, OR FURNISHED A FIREARM, AS SPECIFIED, OR POSSESSED AN EXPLOSIVE? PURPOSE The purpose of this bill is to require a school security department, or school police department, as specified, to notify within 24 hours, in electronic format, the appropriate county or city law enforcement authorities having jurisdiction where the incident occurred, of any act committed by a pupil or nonpupil on a schoolsite in which the student allegedly possessed, sold or otherwise furnished a firearm, where this act is verified by an employee of the school district and is not otherwise authorized, as specified, or possessed an explosive. Existing law requires that the principal of a school or the principal's designee, 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 constitute an assault with a deadly weapon or with force likely to produce great bodily injury. (Education Code 48902(a).) Existing law requires that the principal of a school or the principal's designee shall, within one school day after suspension or expulsion of any pupil, notify, by telephone or any other appropriate method chosen by the school, the appropriate law enforcement authority of the county or the school district in which the school is situated of any acts of the student that involve possession, being under the influence of, or distribution of alcohol, controlled substances or any intoxicant. (Education Code 48902(b).) Existing law prohibits possession of a firearm in a place that the person knows, or reasonably should know, is within 1,000 feet of a school, as specified, unless it is with the written permission of the school district superintendent, his or her (More) AB 1390 (Blumenfield) PageC designee, or equivalent school authority, except as specified. (Penal Code 626.9.) Existing law requires that the principal of a school or the principal's designee 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 bringing a firearm or other specified weapons on campus. (Education Code 48902(c).) Existing law specifies that a principal, the principal's designee, or any other person reporting a known or suspected act described herein 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. (Education Code 48902(d).) Existing law provides that 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 $500. (Education Code 48902(e).) Existing law requires the principal of a school or the principal's designee reporting a criminal act committed by a school age individual with exceptional needs, as defined, to ensure that copies of the special education and disciplinary records of the pupil are transmitted, as described, 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. (Education Code 48902(f).) This bill requires a school security department, or school police department, as specified, to notify within 24 hours, in electronic format, the appropriate county or city law (More) AB 1390 (Blumenfield) PageD enforcement authorities having jurisdiction where the incident occurred, of any act committed by a pupil or nonpupil on a schoolsite in which the person allegedly possessed, sold or otherwise furnished a firearm, where this act is verified by an employee of the school district and is not otherwise authorized, as specified, or possessed an explosive. RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION California continues to face a severe prison overcrowding crisis. The Department of Corrections and Rehabilitation (CDCR) currently has about 170,000 inmates under its jurisdiction. Due to a lack of traditional housing space available, the department houses roughly 15,000 inmates in gyms and dayrooms. California's prison population has increased by 125% (an average of 4% annually) over the past 20 years, growing from 76,000 inmates to 171,000 inmates, far outpacing the state's population growth rate for the age cohort with the highest risk of incarceration.<1> In December of 2006 plaintiffs in two federal lawsuits against CDCR sought a court-ordered limit on the prison population pursuant to the federal Prison Litigation Reform Act. On February 9, 2009, the three-judge federal court panel issued a tentative ruling that included the following conclusions with respect to overcrowding: No party contests that California's prisons are overcrowded, however measured, and whether considered in comparison to prisons in other states or jails within this state. There are simply too many prisoners for the existing capacity. The Governor, ---------------------- <1> "Between 1987 and 2007, California's population of ages 15 through 44 - the age cohort with the highest risk for incarceration - grew by an average of less than 1% annually, which is a pace much slower than the growth in prison admissions." (2009-2010 Budget Analysis Series, Judicial and Criminal Justice, Legislative Analyst's Office (January 30, 2009).) (More) AB 1390 (Blumenfield) PageE the principal defendant, declared a state of emergency in 2006 because of the "severe overcrowding" in California's prisons, which has caused "substantial risk to the health and safety of the men and women who work inside these prisons and the inmates housed in them." . . . A state appellate court upheld the Governor's proclamation, holding that the evidence supported the existence of conditions of "extreme peril to the safety of persons and property." (citation omitted) The Governor's declaration of the state of emergency remains in effect to this day. . . . the evidence is compelling that there is no relief other than a prisoner release order that will remedy the unconstitutional prison conditions. . . . Although the evidence may be less than perfectly clear, it appears to the Court that in order to alleviate the constitutional violations California's inmate population must be reduced to at most 120% to 145% of design capacity, with some institutions or clinical programs at or below 100%. We caution the parties, however, that these are not firm figures and that the Court reserves the right - until its final ruling - to determine that a higher or lower figure is appropriate in general or in particular types of facilities. . . . Under the PLRA, any prisoner release order that we issue will be narrowly drawn, extend no further than necessary to correct the violation of constitutional rights, and be the least intrusive means necessary to correct the violation of those rights. For this reason, it is our present intention to adopt an order requiring the State to develop a plan to reduce the (More) AB 1390 (Blumenfield) PageF prison population to 120% or 145% of the prison's design capacity (or somewhere in between) within a period of two or three years.<2> The final outcome of the panel's tentative decision, as well as any appeal that may be in response to the panel's final decision, is unknown at the time of this writing. This bill does not appear to aggravate the prison overcrowding crisis outlined above. COMMENTS 1. Need for This Bill According to the author: Under current law (Education Code section 48902 (a)-(c)), school principals are required to notify the appropriate law enforcement authorities of the county or city in which the school is located of certain offenses. In large jurisdictions, where district security/police respond to calls for service on campus, principals often mistake school police as "the appropriate law enforcement authority" within the meaning of Education Code 48902. As a result, local law enforcement agencies are left out of the loop. AB 1390 seeks to clarify and strengthen reporting requirements for school police to notify local law enforcement agencies of serious crime incidents on campus. This, in turn, leads to the identification of patterns and behaviors within the broader context of the community around the school and makes it possible ---------------------- <2> Three Judge Court Tentative Ruling, Coleman v. Schwarzenegger, Plata v. Schwarzenegger, in the United States District Courts for the Eastern District of California and the Northern District of California United States District Court composed of three judges pursuant to Section 2284, Title 28 United States Code (Feb. 9, 2009). (More) AB 1390 (Blumenfield) PageG to more immediately identify opportunities to work collaboratively on effective prevention and intervention strategies. This bill does not require or trigger prosecution; it is merely a reporting requirement. 2. Existing Reporting Requirements and What This Bill Would Do Currently the principal of a school or the principal's designee must: 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 constitute an assault with a deadly weapon or with force likely to produce great bodily injury. (Education Code 48902(a).); within one school day after suspension or expulsion of any pupil , notify, by telephone or any other appropriate method chosen by the school, the appropriate law enforcement authority of the county or the school district in which the school is situated of any acts of the student that involve possession, being under the influence of, or distribution of alcohol, controlled substances or any intoxicant. (Education Code 48902(b).); and 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 bringing a firearm or other specified weapons on campus. (Education Code 48902(c).) A willful failure to make any of these reports 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 $500. (Education Code 48902(e).) This bill would require that, in addition to the reporting requirements described above which are imposed on the principal or his or her designee, a school security department, or school police department must also, within 24 hours, in electronic (More) AB 1390 (Blumenfield) PageH format, notify the appropriate county or city law enforcement authorities, of any act committed by any person on a school site in which the person allegedly possessed, sold or otherwise furnished a firearm, where this act is verified by an employee of the school district and is not otherwise authorized, as specified, or possessed an explosive. The author states that this is necessary because, in large jurisdictions, the principal, or their designee, may report the incident to campus police, as opposed to the local municipal police or sheriff's department, believing the campus police to be the "appropriate law enforcement authorities." This bill would create parallel requirements for both the principal and the campus police to report incidents involving firearms or explosives on campus to the local police or sheriff's department. (More) One issue this bill raises is that confusion could result when both the principal and someone from campus police report the same incident to the local police or sheriff, who would then have to determine whether there were two incidents or simply one incident being reported twice by two different school officials. Another issue raised by the approach taken in this bill is the possibility for further confusion by its failure to specify an individual on the campus police department responsible for making this report. Is it the agency chief or the officer responding to the incident? Or could this duty be delegated to someone else? Another issue raised by the bill is that, while the bill creates a duty for the campus police to report these incidents, there appears to be no sanction for any failure to comply. The $500 fine that exists under current law applies only to "the principal or principal's designee who is responsible for the failure [to file the report.]" The bill does not extend this sanction to campus police who fail to file a required report. The problem this bill attempts to address appears to stem from the ambiguous language of the existing statute, that is, its failure to specify what the "appropriate law enforcement authorities" are to whom the principle must report. Members may wish to consider whether, rather than set up a dual reporting requirement for the same incident on campus, with all the attendant possibilities for confusion, it would be more appropriate to amend the existing statute to clarify the reporting requirement. COULD CREATING DUAL REPORTING REQUIREMENTS CAUSE CONFUSION AS WELL AS DUPLICATION OF EFFORT? IS THE GOAL OF GREATER COMPLIANCE AND ACCOUNTABILITY BETTER REACHED BY MAKING ONE PERSON RESPONSIBLE FOR REPORTING THESE INCIDENTS TO POLICE? WOULD CLARIFYING WHO IS THE "APPROPRIATE LAW ENFORCEMENT AUTHORITY" WITH WHICH THE REPORT IS TO BE FILED HELP INCREASE (More) AB 1390 (Blumenfield) PageJ COMPLIANCE AND ACCOUNTABILITY? 3. Suggested Amendment Members may wish to consider amending the current language in subdivisions (a) - (c) of Education Code section 48902, which directs the principal or his or her designee to report specified incidents on campus to "appropriate law enforcement authorities of the county or city in which the school is located" to read instead that the principal or his or her designee shall report these same incidents to "the local police or sheriff's department with jurisdiction in the county or city in which the school is located." SHOULD THE BILL BE SO AMENDED? 4. Argument in Support The Los Angeles City Attorney's Office states: Prompt, accurate and transparent reporting of school related crimes is a critical first step toward the development of effective early warning, prevention and intervention strategies for at-risk youth. This is particularly important in large urban settings where school police and city police departments share some concurrent responsibilities and one or both may be involved in the investigation of a school incident depending on the nature of the crime. To effectively address school crime, districts must first acknowledge it exists (transparency) and principals and school police must cross report all serious crime to local law enforcement at the earliest possible stage to assist in early intervention strategies. In large jurisdictions, where district security/police respond to calls for service on campus and have investigative and arrest powers, principals often mistake school police as the appropriate law enforcement authority within the meaning of Education AB 1390 (Blumenfield) PageK Code 48902. Frequently, this is not the case and local law enforcement agencies are left out of the loop. Clarifying and strengthening mandates for school police to report serious crime to local law enforcement agencies allows for immediate analysis of crime data by both the school police and county or municipal law enforcement agencies. This would lead to immediate identification of patterns and behaviors and identity opportunities to work collaboratively on effective prevention and intervention strategies. 5. Argument in Opposition The California Public Defenders Association states: Requiring a report when a firearm is either seized or surrendered might indeed discourage students from surrendering or reporting the presence of a firearm at school. Schools already have the discretion, in appropriate situations, to contact law enforcement. In fact, research shows that the drastic limitation on the school officials' discretion to respond to incidents -'zero-tolerance policies' -have done damage to youth and contributed to 'the school to prison pipeline.' ***************