BILL ANALYSIS Ó
AB 123
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Date of Hearing: April 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 123 (Mendoza) - As Introduced: January 10, 2011
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill expands an existing misdemeanor regarding disrupting
school activities absent lawful presence to include willfully
creating a disruption with the intent to threaten the immediate
physical safety of students.
FISCAL EFFECT
Unknown, likely minor nonreimbursable local incarceration costs,
offset to a degree by increased fine revenue.
COMMENT
1)Rationale. This bill is intended to address relatively rare
situations in which current law may not be sufficiently
explicit. The author and proponents cite a 2003 situation in
which a group - the Center for Bio-Ethical Reform - protesting
abortion circled an L.A. Unified middle school in vehicles
displaying large graphic pictures of aborted fetuses while
students were arriving at school. Students became upset.
School officials called the Sheriff's Department who
determined the protesters were violating Penal Code Section
626.8, which makes it a misdemeanor to disrupt students or
school, as specified.
AB 123
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The court ruled in favor of the L.A. Sheriff's Department and
L.A. Unified when the Center contended its First Amendment
rights had been violated, but the Ninth Circuit Court of
Appeals ruled in favor of the Center, noting, however, that
more explicit statutory language might well change the
outcome of similar situations should they occur.
2)Current law states that any person who enters any school
building, school grounds, or adjacent streets or walkways,
without lawful business, and whose presence disrupts the
school or its pupils, is guilty of a misdemeanor, punishable
by up to six months in county jail and/or a fine of up to
$500, if he or she does any of the following:
a) Remains after being asked to leave by school official or
peace officer;
b) Returns to the school or adjacent vicinity within seven
days of being asked to leave, or establishes a pattern of
unauthorized entry.
3)Support . According to the L.A. County Sheriff's Department,
"It is government's duty and responsibility to protect our
children and ensure their total scholarship experience is safe
and free from harmful situations. This bill will help ensure
that our most precious members of society are protected."
4)Prior Legislation , AB 2478 (Mendoza) was almost identical to
AB 123, and was vetoed by Gov. Schwarzenegger, who stated, "I
believe it is important to ensure the physical safety of all
students, but the protection provisions of this bill do not
include students in grades 9 through 12. I am also concerned
that the provisions of this bill would likely be ineffective,
limited to situations where the person charged with
interfering with the peaceful conduct of a school would have
to have the specific intent to physically harm students rather
than causing a disruption that causes physical harm. Since
this bill is too narrowly drawn and otherwise duplicates
existing law governing the crime of making criminal threats, I
am unable to sign this measure."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
AB 123
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