BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1390
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1390 (Blumenfield)
          As Amended  July 23, 2009
          Majority vote
           
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          |ASSEMBLY:  |76-1 |(June 2, 2009)  |SENATE: |35-0 |(September 1,  |
          |           |     |                |        |     |2009)          |
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           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  








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          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  








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          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  



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