BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 123|
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THIRD READING
Bill No: AB 123
Author: Mendoza (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 6/7/11
AYES: Hancock, Harman, Liu, Price, Steinberg
NOES: Anderson
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 55-19, 4/11/11 - See last page for vote
SUBJECT : Disrupting schools
SOURCE : Los Angeles Unified School District
DIGEST : This bill (1) defines a new misdemeanor that
would be committed where a person creates a disruption at a
school or a site adjacent to a school and the person
intends to threaten the immediate physical safety of a
student arriving at, attending or leaving the school, and
(2) provides that the bill applies to any pupil at a school
that has a preschool, kindergarten or grades one through
eight.
ANALYSIS : Existing law defines a school as any
elementary school, junior high school, four-year high
school, senior high school, adult school, as specified,
CONTINUED
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opportunity school, continuation high school, regional
occupational center, evening high school, technical school,
or any public right-of-way immediately adjacent to the
school property. A school is further defined as any place
where a teacher and one or more pupils are required to be
in connection with assigned school activities. (Penal Code
Section 626, subd. (a)(4))
Existing law includes numerous misdemeanor crimes involving
prohibited entry of a school or improper conduct at a
school. (Penal Code Section 626 et seq.)
Existing law provides that any person who comes into any
school building or upon any school ground, or street,
sidewalk, or public way adjacent thereto, without lawful
business thereon, and whose presence or acts interfere with
the peaceful conduct of the activities of the school or
disrupt the school or its pupils or school activities, is
guilty of a misdemeanor, if he/she does any specified acts.
Prohibited acts on school grounds and exceptions :
1. The person remains there after being asked to leave by
the chief administrative official of that school or
his/her designated representative, or by a person
employed as a member of a security or police department
of a school district pursuant to the Education Code, or
a city police officer, or sheriff or deputy sheriff, or
a Department of the California Highway Patrol peace
officer.
2. The person reenters or comes upon that place within
seven days of being asked to leave by a person specified
in existing law.
3. The person has otherwise established a continued pattern
of unauthorized entry.
4. This section shall not be utilized to impinge upon the
lawful exercise of constitutionally protected rights of
freedom of speech or assembly. (Penal Code Section
626.8, subd.(a)(1) to (3))
Penalty for unauthorized acts on school :
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1. A first conviction is punishable by a fine not exceeding
$500, by imprisonment in a county jail for a period of
not more than six months, or by both that fine and
imprisonment.
2. If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or
provision of law related to disturbing the peace, by
imprisonment in a county jail for a period of not less
than 10 days or more than six months, or by both
imprisonment and a fine not exceeding $500, and shall
not be released on probation, parole, or any other basis
until he or she has served not less than 10 days.
3. If the defendant has been previously convicted two or
more times of a violation of any offense defined in this
chapter or provisions related to disturbing the peace,
by imprisonment in a county jail for a period of not
less than 90 days or more than six months, or by both
imprisonment and a fine not exceeding $500, and shall
not be released on probation, parole, or any other basis
until he/she has served not less than 90 days. (Penal
Code Section 626.8, subd. (b)(1)-(3))
Existing law defines the following terms:
1. "Lawful business" is a reason for being present upon
school property which is not otherwise prohibited by
statute, by ordinance, or by any regulation adopted
pursuant to statute or ordinance.
2. "School" is any preschool or public or private school
having kindergarten or any of grades 1 to 12, inclusive.
(Penal Code Section 626.8, subd. (c)(1)-(3))
Existing law states when a person is directed to leave
pursuant to existing law, the person directing him/her her
to leave shall inform the person that if he or she reenters
the place within seven days he or she will be guilty of a
crime. (Penal Code Section 626.8, subd. (d))
Existing law defines a "safe school zone" as any of the
following locations during regular school hours, or within
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60 minutes before or after the school day, or within 60
minutes before or after a school-sponsored activity:
1. Within 1,000 feet of a school, "as designated by the
school;" and
2. Within 100 feet of a school bus stop, including a public
transit stop specifically designated as a school bus
stop.
This bill provides that any person who willfully or
knowingly creates a disruption with the intent to threaten
the immediate physical safety of K-8 pupils arriving at,
attending, or leaving school is guilty of a misdemeanor,
punishable by a jail term of up to six months, a fine of up
to $500, or both. Upon a second conviction for this
offense, another school interference offense or disturbing
the peace, the punishment is a jail term of not less than
10 days and not more than six months, or such a jail term
and a fine of up to $500. For a third conviction, as
specified, the minimum jail term shall be 90 days.
This bill states that it shall not be interpreted to
impinge upon the lawful exercise of the constitutional
rights of assembly and speech.
Prior version of this bill . AB 2478 (Mendoza, 2010) passed
the Senate (23-10) on August 19, 2010. The bill was
effectively identical to AB 123. Governor Schwarzenegger
vetoed the bill. He stated that the bill did not cover
high-school students and that it was partly duplicative of
other penal statutes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/27/11)
Los Angeles Unified School District (source)
American Federation of State, County and Municipal
Employees
California State Sheriffs' Association
California School Employees Association
Los Angeles County Sheriff
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Ocean View School District
Whittier School District
Junior League of California
ARGUMENTS IN SUPPORT : According to the author:
"On the morning of March 24, 2003, two vehicles driven by
members of the Center for Bio-Ethical Reform (CBER) drove
around a middle school perimeter as students were
arriving. The vehicles included a truck displaying
billboard-sized, graphic photographs of aborted fetuses
and an escort security vehicle. Between 7:15 and 7:45
all 1900 students arrived in the same location - a cul de
sac where the vehicles driving. Because of the
disturbing nature of the photographs, some students
became angry, others cried and still others stood and
stared, creating a traffic hazard. Los Angeles County
Sheriff's deputies arrived, concluded that the drivers
from the CBER had violated Penal Code Section 628.8 -
interfering with a school - and asked them to leave.
"The CBER filed a lawsuit contending that school
officials and the Sheriff had violated the First and
Fourth amendment rights of the Center. The U.S. District
Court entered summary judgment in favor of the school
district and the Sheriff. However, the 9th Circuit Court
of Appeal held that Penal Code Section 628.8, as written,
does not allow school officials to contact local law
enforcement to stop a person from conveying disrupting
messages adjacent to a school where the person's conduct
threatens the physical safety of the pupils. However,
the 9th Circuit did acknowledge that the Legislature
could possibly draft a constitutionally valid statute to
address such circumstances."
ASSEMBLY FLOOR : 55-19, 4/11/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Cook, Davis, Dickinson, Eng, Feuer, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hagman, Hall,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Knight, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell,
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Monning, Pan, Perea, V. Manuel P�rez, Portantino,
Skinner, Solorio, Swanson, Torres, Wieckowski, Williams,
Yamada, John A. P�rez
NOES: Conway, Donnelly, Garrick, Grove, Harkey, Jeffries,
Jones, Logue, Mansoor, Miller, Morrell, Nestande,
Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Achadjian, Bill Berryhill, Fletcher,
Gorell, Halderman, Vacancy
RJG:mw 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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