BILL ANALYSIS
AB 870
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Date of Hearing: April 14, 2009
Counsel: Kathleen Ragan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 870 (Huber) - As Amended: April 13, 2009
SUMMARY : Creates a misdemeanor to bring or possess a razor
blade or box cutter onto specified school grounds.
Specifically, this bill :
1)Adds razor blades and box cutters to the list of prohibited
weapons which may not be possessed or brought upon the grounds
of any public or private school providing instruction in
Kindergarten or any of Grades 1 to 12, inclusive.
2)Provides that the prohibited action is a public offense,
punishable by imprisonment in a county jail not exceeding one
year, as specified.
3)Makes technical, non-substantive changes.
EXISTING LAW :
1)Provides that any person, except as specified, who brings or
possesses a dirk, dagger, ice pick, a knife having a blade
longer than two and one-half inches, a folding knife with a
blade that locks into place, a razor with an unguarded blade,
a taser, a stun gun as defined, an instrument that expels a
metallic projectile such as a BB or pellet, through the force
of air pressure, CO2 pressure, or spring action, or a spot
marker gun upon the grounds of, or within, any private or
public school providing instruction in Kindergarten or any or
all of Grades 1 to 12, inclusive, is guilty of a public
offense punishable by imprisonment in a county jail not
exceeding one year or by imprisonment in the state prison.
[Penal Code Section 626.10(a).]
2)States that except for specified peace officers or members of
the state or federal military forces, as specified, who brings
or possesses any dirk, dagger, ice pick, or knife having a
blade longer than two and one-half inches upon the grounds of,
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or within, any private University, the University of
California, the California State University, or the California
Community Colleges is guilty of a public offense punishable by
imprisonment in a county jail not exceeding one year or by
imprisonment in the state prison. [Penal Code Section
626.10(b).]
3)Exempts from the above prohibitions a person who brings the
specified weapons onto a school or university campus at the
direction of a faculty member or a certified employee of the
school for use in a school-sponsored activity or class [Penal
Code Section 626.10(c)] or for a lawful purpose within the
scope of the person's employment. [Penal Code Section
626.10(d).]
4)Exempts from specified imprisonment persons who have the
written permission of the school principal or his or her
designee. [Penal Code Section 626.10(f).]
5)Allows any certified or classified employee or school peace
officer to seize any weapon described in this section if he or
she knows or has reasonable cause to know the person is
prohibited from bringing or possessing the weapon upon the
grounds of or within the school. [Penal Code Section
626.10(g).]
6)States that any person who, without the written permission of
the college or university President or chancellor or designee,
brings or possesses a less lethal weapon or a stun gun, as
defined, upon the grounds of a public or private college or
university campus is guilty of a misdemeanor. [Penal Code
Section 626.10(i).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Violence in our
schools has undoubtedly become all too common of an
occurrence. Several instances of attacks with weapons in
recent years have put students, teachers, parents and school
campus staff on alert for the next tragic attack. Every
school should be a safe learning environment where no one has
to worry about the threat of violence.
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"AB 870 closes a loophole in current law regarding the
prohibitions on the possession of weapons on school campuses
by specifically adding razor blades and box cutters to the
list of prohibited weapons."
2)Background : According to the background information provided
by the author, current law identifies the list of weapons that
are prohibited from being in someone's possession on school
campuses, which includes a "razor with an unguarded blade."
Recent court decisions interpreting what constitutes a "razor
with an unguarded blade" have found that the possession of a
single razor blade or the possession of a box cutter is not
prohibited by this statute.
The author states, "In one case (In Re Do Kyung K., (2001), 88
Cal. App. 4th 583, 590), the Court determined the phrase
'razor with an unguarded blade' to mean that an unguarded
blade is a component, rather than the entirety, of the razor.
Id. At 593. Thus the Court concluded that the possession of a
single razor blade did not violate Penal Code Section
626.10(a) because it was guarded.
"In 2004 [In Re Michael R., (2004) 120 Cal. App. 4th 1203,
1205], the court revisited the definition of "razor with an
unguarded blade" when questioning whether the possession of a
box cutter on school grounds violated this statute. In this
case, the box cutter's blade in question retracted into the
handle and did not lock into place. The trial court sustained
the petition, explaining that all razors are capable of being
guarded in some fashion and it would defeat the purpose of the
statute to conclude that a box cutter did not qualify as a
prohibited weapon. However, the Court of Appeal disagreed by
ruling that the box cutter qualified as a razor, as defined by
In Re Do Kyung K., but was not prohibited by Penal Code
Section 626.10(a) because it was guarded. (Id. at 1206.)
3)Appellate Courts Invitation to the Legislature : "Recognizing
the danger that razors and box cutters pose to students,
teachers and campus staff, the courts have suggested that the
Legislature amend Penal Code Section 626.10(a) to specifically
prohibit these items. In In Re Do Kyung K., the court made a
point of stating, "We are gravely concerned about the
possession of razor blades on school grounds. A razor blade
is obviously a dangerous object, which may present a
significant safety hazard to those on school grounds.
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Therefore, we encourage the Legislature to take prompt action
to address this concern." This sentiment was reiterated by
the court in In Re Michael R.
4)Arguments in Support : According to the Los Angeles County
District Attorney's Office , "AB 870 would add box cutters and
razor blades to the list of prohibited weapons on the grounds
of K-12 schools. Currently, Penal Code section 626.10(a) bans
possession of a 'razor with an unguarded blade.' As noted in
one recent court opinion, this same phrase appears in five
other statutes but is not statutorily defined [In re Do Kyung
K. (2001) 88 Cal.App.4th 583, 590]. Faced with the question
of whether possession of a single razor blade on school
grounds violated Penal Code section 626.10(a), the court
construed the phrase 'razor with an unguarded blade' to mean
that an unguarded blade is a component, rather than the
entirety, of the razor (Id. at 593). Thus, the court
concluded that possession of a single razor blade did not
violate the statute (Id. at 594).
"In 2004, the court revisited the definition of 'razor with an
unguarded blade' when faced with the question of whether
possession of a box cutter on school grounds violated Penal
Code Section 626.10(a) [In re Michael R. (2004) 120 Cal.App.
4th 1203, 1205]. Michael R. had a box cutter with a
single-edged blade in his pocket. The blade retracted into
the handle of the instrument but did not lock into place. The
trial court sustained the petition, explaining that all razors
are capable of being guarded in some fashion and it would
defeat the purpose of the statute to say a box cutter didn't
qualify as a prohibited weapon. The Court of Appeals,
however, disagreed. It ruled that the box cutter did not
qualify as a razor, as defined by In re Do Kyung K. but was
not prohibited by Penal Code Section 626.10(a).
"Recognizing the danger that razors and box cutters pose to
students, teachers and campus staff, the courts have suggested
that the Legislature amend PC 626.10(a) top specifically
prohibits these items. In In re Do Kyung K., the court made a
point of stating, 'We are gravely concerned about the
possession of razor blades on school grounds. A razor blade
is obviously a dangerous object, which may present a
significant safety hazard to those on school grounds.
Therefore, we encourage the Legislature to take prompt action
to address this concern'. This sentiment was reiterated by
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the court in In re Michael R.
"The court in In re Michael R., stated, 'Reluctantly, we
conclude that a box cutter does not fall within the purview of
Penal Code Section 626.10(a) . . . At least one appellate
court previously has expressed grave concern about the
possession of razor blades or other potentially dangerous
objects on school grounds that are not prohibited by the
statute and urged the Legislature to take immediate action (In
re Do Kyung K., supra at 594). Yet, in the three-year period
since that opinion was published, the Legislature has not seen
fit to amend the statutory language to prohibit the possession
of razor blades, box cutters, or similar objects on school
grounds.'
"When wielded as a weapon, a box cutter can inflict serious,
even life threatening injuries. In the last six months, at
least two minors in the City of Norwalk's jurisdiction have
brought box cutters to school with the intent of using them as
weapons. In February, Sheriff's deputies responded to a high
school when a student reported seeing another student with a
box cutter and hearing her state, 'If the make me mad, I'll
shank them in the neck and slice their throats.' The deputies
recovered the box cutter from within the lining of the minor's
purse. Box cutters have been designated as prohibited weapons
in other jurisdictions. For instance, a Florida statute
specifically prohibits possessing box cutters at school and
New York City bans the sale and possession in public to
persons younger than 21."
5)Prior Legislation :
a) AB 325 (Solorio), Chapter 422, Statutes of 2008,
included public schools within the definition of public
place with respect to the open display of an imitation
firearm. AB 325 incorporated additional changes to Penal
Code Section 12556 regarding the open display of imitation
firearms in public places, pursuant to AB 2470 (Karnette),
Chapter 676, Statutes of 2008.
b) AB 229 (Strickland), of the 2007-08 Legislation Session,
would have incorporated amendments to Penal Code Section
626.10 which were subsequently deleted from the bill.
REGISTERED SUPPORT / OPPOSITION :
AB 870
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Support
California District Attorneys Association
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
Chief Probation Officers of California
Los Angeles County District Attorney's Office
Peace Officers Research Association of California
Opposition
California Public Defenders Association
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744