BILL ANALYSIS AB 1390 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1390 (Blumenfield) As Amended July 23, 2009 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-1 |(June 2, 2009) |SENATE: |35-0 |(September 1, | | | | | | |2009) | ----------------------------------------------------------------- Original Committee Reference: ED. SUMMARY : Requires the principal of a school or the principal's designee to report the following acts committed by a pupil or nonpupil on a schoolsite to the city police or county sheriff with jurisdiction over the school and the school security department or the school police department: 1)Possessing, selling, or otherwise furnishing a firearm, except where the pupil had obtained prior written permission to possess the firearm from school officials; or, 2)Possession of an explosive. The Senate amendments delete the requirement that school police departments or school security departments notify, within 24 hours, the appropriate county or city law enforcement authorities of any act committed by a pupil or nonpupil involving a firearm or explosive, and instead require school principals or their designees to notify appropriate local law enforcement authorities. AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version passed by the Senate. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : Current law requires a principal or the principal's designee, frequently a vice principal, to notify law enforcement authorities of crimes involving assault with a firearm, an assault weapon, or a deadly weapon or instrument; and possession or sale of controlled substances, prior to or after suspending or expelling a pupil. A principal or the principal's designee is also required to notify appropriate law enforcement AB 1390 Page 2 authorities, irregardless of whether a suspension or expulsion has occurred, of any acts violating gun free zone laws or possession of a dirk, knife, dagger, taser, ice pick, razor or stun gun on school grounds. Current law specifies that the willful failure to make a report is an infraction punishable by a fine of up to $500 to be paid by the principal or principal's designee. This bill requires a principal or his/her designee to report the possessing, selling, or otherwise furnishing of a firearm (except where the pupil had obtained prior written permission to possess the firearm from school officials) or possession of an explosive by a pupil or nonpupil on a schoolsite to the city police or county sheriff with jurisdiction over the school and the school security department or the school police department. When this bill passed the Assembly, it required a school security department or school police department to make the report, through an electronic format, to the appropriate county or city law enforcement authorities within 24 hours. Governing boards are authorized to establish security departments headed by a chief of security and a police department headed by a chief of police. Security departments are considered supplementary to city and county law enforcement agencies and are not vested with general police powers. Individuals employed and compensated as members of a police department of a school district, when appointed and duly sworn, are considered peace officers with arrest powers. There is no data on the number of districts that have security or police departments. Larger districts are more likely than smaller districts to have police departments. Concerns were expressed that requiring school security or school police departments to do the reporting was duplicative of notification requirements already imposed on school principals or their designees. The current version of this bill removes the duplication and clarifies that principals or their designees must notify local law enforcement authorities irregardless of whether a suspension or expulsion has occurred. The author 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 AB 1390 Page 3 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." Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0002705