BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 188
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          SENATE THIRD READING
          SB 188 (Runner)
          As Amended July 2, 2009
          Majority vote 

           SENATE VOTE  :39-0  
           
           JUDICIARY           10-0        APPROPRIATIONS      17-0        
           
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          |Ayes:|Feuer, Tran, Brownley,    |Ayes:|De Leon, Conway, Ammiano, |
          |     |Evans, Jones, Knight,     |     |                          |
          |     |Krekorian, Lieu, Monning, |     |Charles Calderon, Coto,   |
          |     |Silva                     |     |Davis, Duvall, Fuentes,   |
          |     |                          |     |Hall, Harkey, Miller,     |
          |     |                          |     |John A. Perez, Skinner,   |
          |     |                          |     |Solorio, Audra            |
          |     |                          |     |Strickland, Torlakson,    |
          |     |                          |     |Hill                      |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Permits educational institutions to seek a restraining  
          order on behalf of a student, as specified.  Specifically,  this  
          bill  :    

          1)Authorizes a designated officer of postsecondary educational  
            institution, a student of which has suffered a specified  
            threat of violence from any individual which can be reasonably  
            construed to be carried out at the campus or facility, to seek  
            a temporary restraining order and an injunction, on behalf of  
            the student and, at the court's discretion, any number of  
            other students at the campus or facility.

          2)Provides that a temporary restraining order may be granted ex  
            parte, at the court's discretion, for up to 15 days, upon the  
            plaintiff filing a petition for an injunction and an affidavit  
            that shows reasonable proof that a student has suffered a  
            credible threat of violence by the defendant, and that great  
            or irreparable harm would result to the student.

          3)Requires the court, within 15 days of the filing of the  
            petition, to hold a hearing on the petition for the  
            injunction, where the defendant may file a response or file a  








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            cross-complaint.  

          4)Provides that if the defendant is a current student of the  
            entity requesting the injunction, the judge shall receive  
            evidence concerning the decision of the postsecondary  
            educational institution decision to retain, terminate, or  
            otherwise discipline the defendant.

          5)Provides that if the judge finds by clear and convincing  
            evidence that the defendant made a credible threat of  
            violence, an injunction shall be issued prohibiting further  
            threats of violence with a duration of not more than three  
            years.  

          6)Provides that any intentional and knowing violation of the  
            temporary restraining order is a misdemeanor punishable by a  
            fine of not more than $1000, or by imprisonment in a county  
            jail for not more than one year, or both.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          analysis:

          1)Minor nonreimbursable costs to local governments for enforcing  
            restraining orders, violations of which are misdemeanors,  
            subject to a fine of up to $1,000 and/or one year in county  
            jail.

          2)Minor absorbable costs to the courts for additional hearings  
            and services of process regarding restraining orders.
           
          COMMENTS  :  The author relates that the idea for this bill arises  
          from an incident that occurred at an adult beauty institute in  
          Lancaster, California.  According to the author, the Western  
          Beauty Institute (WBI) expelled a student who was making threats  
          to other students and staff members.  After being expelled, the  
          student proceeded to attack one of her classmates with a set of  
          keys, inflicting a serious head injury.  In response to this  
          incident, the administrators of WBI asked the court for a  
          restraining order but discovered that educational facilities are  
          not covered by current law.  Therefore, there is currently no  
          mechanism to issue a blanket restraining order to protect all  
          individuals on a campus at any given time.  This bill is  
          therefore appropriately limited to the private postsecondary  
          schools whose students are the subject of off-campus threats  








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          that are understood to be carried out on campus because law  
          enforcement officials advise that these threats are not covered  
          by existing criminal and civil protections, and excludes minors  
          and public schools and where serious and countervailing  
          constitutional, educational, parental, due-process and other  
          important legal rights and concerns are implicated.  In order to  
          avoid undue safety risks, the bill also appropriately requires  
          the consent of the student.


           Analysis Prepared by  :    Kevin G. Baker / JUD. / (916) 319-2334 


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