Senate Bill No. 1423

Introduced by Senator Fuller

February 19, 2016

An act to amend Section 626 of the Penal Code, relating to entry onto school campuses.

LEGISLATIVE COUNSEL’S DIGEST

SB 1423, as introduced, Fuller. Entry onto school campuses.

Existing law establishes various offenses for unauthorized entry onto school campuses, as specified. Existing law provides definitions of certain terms used in these provisions.

This bill would make a technical, nonsubstantive change to those definitional provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 626 of the Penal Code is amended to
read:

626.  

(a)  begin delete As used in end delete begin insert For purposes of end insert this chapter, the following
definitions apply:

(1) “University” means the University of California, begin delete and
includes end delete begin insert including end insert any begin insert of its end insert affiliated begin delete institution thereof end delete begin insert institutions end insert
and any campus or facility owned, operated, or controlled by the
Regents of the University of California.

(2) “State university” means any California state university, begin delete and
includes end delete begin insert including end insert any campus or facility owned, operated, or
controlled by the Trustees of the California State University.

(3) “Community college” means any public community college
established pursuant to the Education Code.

(4) “School” means any public or private elementary school,
junior high school, four-year high school, senior high school, adult
begin delete school end delete begin insert school, end insert or any branch begin delete thereof, end delete begin insert of those schools, end insert opportunity
school, continuation high school, regional occupational center,
evening high school, begin delete or end delete technical begin delete school or end delete begin insert school, end insert any public
right-of-way situated immediately adjacent to school begin delete property end delete
begin insert property, end insert or any other place begin delete if end delete a teacher and one or more pupils
are required to be begin delete at that place end delete in connection with assigned school
activities.

(5) “Chief administrative officer” means either of the following:

(A) The president of the university or a state university, the
Chancellor of the California State University, or the officer
designated by the Regents of the University of California or
pursuant to authority granted by the Regents of the University of
California to administer and be the officer in charge of a campus
or other facility owned, operated, or controlled by the Regents of
the University of California, or the superintendent of a community
college district.

(B) For a school, the principal of the school, a person who
possesses a standard supervision credential or a standard
administrative credential and who is designated by the principal,
or a person who carries out the same functions as a person who
possesses a credential and who is designated by the principal.

(b) For the purpose of determining the penalty to be imposed
pursuant to this chapter, the court may consider a written report
from the Department of Justice containing information from its
records showing prior begin delete convictions; and that communication end delete
begin insert convictions. That report end insert is prima facie evidence of the convictions,
if the defendant admits them, regardless of whether begin delete or not end delete the
complaint commencing the proceedings begin delete has end delete alleged prior
convictions.

(c)  begin delete As used in end delete begin insert For purposes of end insert this code, the following
definitions apply:

(1) “Pupil currently attending school” means a pupil enrolled
in a public or private school who begin delete has been end delete begin insert is end insert in attendance or begin delete has end delete
had an excused absence, for purposes of attendance accounting,
for a majority of the days for which the pupil begin delete has been end delete begin insert was end insert enrolled
in that school during the school year.

(2) “Safe school zone” means an area that encompasses any of
the following places during regular school hours or within 60
minutes before or after the schoolday or 60 minutes before or after
a school-sponsored activity at the schoolsite:

(A) Within 100 feet of a bus begin delete stop, whether or not a public transit
bus stop, that has been end delete begin insert stop end insert publicly designated by the school
district as a schoolbus begin delete stop. end delete begin insert stop, regardless of whether it is a
public transit bus stop. end insert This definition applies only if the school
district begin delete has chosen end delete begin insert chooses end insert to mark the bus stop as a schoolbus
stop.

(B) Within 1,500 feet of a school, as designated by the school
district.