BILL NUMBER: SB 161 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 14, 2005
INTRODUCED BY Senator Soto
FEBRUARY 8, 2005
An act to amend Section 50265 of the Government Code
add Article 9 (commencing with Section 49055) to
Chapter 6 of Part 27 of the Education Code , relating to
local human relations commissions pupils
.
LEGISLATIVE COUNSEL'S DIGEST
SB 161, as amended, Soto. Local human relations
commissions California Youth Access to Information Act
.
Existing law authorizes cities and counties to create commissions
on human relations with the responsibility to, among other things,
foster mutual respect and understanding among all racial, religious,
and nationality groups in the community, inquire into incidents of
tension and conflict among or between these groups, hold conferences
and other public meetings in the interest of resolution of these
tensions, and enlist the cooperation and participation of these
groups and others, as specified, to foster mutual esteem, justice,
and equity.
This bill would make a technical, nonsubstantive change to that
authorization.
Existing law establishes certain rights relating to a child's
ability to consent to certain medical care, rights relating to
adoption procedures, and rights relating to criminal procedure.
Existing law also provides pupils with certain rights relating to the
attendance of safe schools, and the right to be free from
discrimination in schools.
This bill would require the State Department of Education to
develop and post on its Internet Web site a statement of these
rights. The bill would authorize a school district to display this
statement to pupils, with certain requirements.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 50265 of the Government Code is amended to
read:
SECTION 1. Article 9 (commencing with Section 49055) is added
to Chapter 6 of Part 27 of the Education Code
, to read:
9. CALIFORNIA YOUTH ACCESS TO INFORMATION ACT
49055. This article shall be known and may be cited as the
California Youth Access to Information Act.
49056. (a) The Legislature finds and declares all of the
following:
(1) California has the second highest rate in the nation of
pregnancies among adolescents between 15 and 19 years of age.
(2) Eighty percent of adolescents who become pregnant drop out of
school due to the pregnancy.
(3) Thirty‑three percent of pupils in the state will not
finish high school, resulting in 24 percent of California's adults
being at the lowest literacy level.
(4) In a single year in California, nearly 6,000 young people are
hospitalized for some form of violent injury, including assault,
child abuse, domestic violence, and rape.
(5) Adolescents are nearly five times more likely to be victims of
crime than adults over 35 years of age.
(6) Early formal and social education can increase the success
rate of pupils, thereby promoting efficient use of resources and
financial savings to the state.
(7) Access to information, resources, and support from parents and
school staff can help reduce the rates of pregnancy, illiteracy, and
violence among adolescents.
(b) It is the intent of the Legislature to enact legislation to
ensure that the information required by the California Youth Access
to Information Act is provided to pupils between 12 and 17 years of
age, with the understanding the California's youth have a
responsibility to themselves, to their peers, and to the state.
49057. (a) The department shall prepare a statement of pupil
rights in both English and Spanish that shall include all of the
following statements:
(1) You have the right to consent to medical care related to the
prevention or treatment of pregnancy, pursuant to Section 6925 of the
Family Code.
(2) If you may have come into contact with an infectious,
contagious, or communicable disease, you have the right to consent to
medical care related to the diagnosis or treatment of that disease
if you are 12 years of age or older, pursuant to Section 6926 of the
Family Code.
(3) You may consent to medical care related to the diagnosis and
treatment of an alleged sexual assault and the collection of medical
evidence with regard to the alleged sexual assault, pursuant to
Section 6928 of the Family Code.
(4) You may consent to medical care and counseling relating to the
diagnosis and treatment of a drug- or alcohol-related problem if you
are 12 years of age or older, pursuant to Section 6929 of the Family
Code.
(5) You may consent to mental health treatment or counseling on an
outpatient basis if you are 12 years of age or older, pursuant to
Section 6924 of the Family Code.
(6) You have the inalienable right to attend classes on school
campuses that are safe, secure, and peaceful, pursuant to Section
32261.
(7) You have the right to be free from discrimination on the basis
of sex, ethnic group identification, race, national origin,
religion, color, mental or physical disability, or any actual or
perceived characteristic that is contained in the definition of hate
crimes set forth in Section 422.55 of the Penal Code, pursuant to
Section 220.
(8) You have the right to surrender your newborn child to a
hospital or a fire station within 72 hours of giving birth without
being asked any questions, pursuant to Section 271.5 of the Penal
Code.
(9) You have the right to change your mind about giving your baby
up for adoption, and to rescind the adoption, within 30 days of
relinquishing your child to the State Department of Social Services
or to a licensed adoption agency, pursuant to Section 8700 of the
Family Code.
(10) You have the right to be read Miranda warnings prior to any
interrogation if you are taken into custody.
(b) The department may alter the statements contained in
subdivision (a) with regard to the reading and comprehension level of
pupils. The department shall not include additional information
intended to persuade pupils to make specific decisions or remove any
references to specific provisions of law contained in the statements.
(c) The department shall post the statement developed pursuant to
subdivision (a) on its Internet Web site.
(d) A school district may display this statement at school
facilities. This statement shall be printed in no less than 12-point
bold type and shall be titled "California Youth Access to Information
Act."
50265. A commission on human relations created under the
provisions of Section 50262 shall discharge all of the following
obligations:
(a) To hold conferences, and other public meetings, in the
interest of the constructive resolution of tensions, prejudice, and
discrimination among or between groups of people, including people
subject to prejudice and discrimination due to race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, marital status, gender, sexual orientation, socioeconomic
status, civic interest, or any other factors.
(b) To issue any publications and reports of investigation as in
its judgment will tend to effectuate the purposes of this article.
(c) To enlist the cooperation and participation of a variety of
people, including people subject to prejudice and discrimination due
to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, marital status, gender, sexual
orientation, socioeconomic status, civic interest, or any other
factors, industry and labor organizations, media or mass
communication, fraternal and benevolent associations, and other
groups in an educational campaign devoted to fostering among the
diverse groups of the community mutual esteem, justice and equity.
(d) To encourage and stimulate agencies under the jurisdiction of
the local governing body that created the commission to take any
action as will fulfill the purposes of this article.
(e) To submit an annual report to the governing body.