BILL ANALYSIS
AB 870
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 870 (Huber)
As Amended August 27, 2009
Majority vote
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|ASSEMBLY: |74-0 |(May 14, 2009) |SENATE: |30-4 |(September 1, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Makes it a misdemeanor to bring or possess a razor
blade or box cutter onto specified school grounds.
The Senate amendment makes this bill contingent upon the prior
enactment of AB 322 (Silva), currently on the Senate Inactive
File.
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.
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,
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.
3)Exempts from the above prohibitions a person who brings the
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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 or for
a lawful purpose within the scope of the person's employment.
4)Exempts from specified imprisonment persons who have the
written permission of the school principal or his or her
designee.
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.
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Added 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)Provided that the prohibited action is a public offense,
punishable by imprisonment in a county jail not exceeding one
year, as specified.
3)Made technical, non-substantive changes.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
In 2007 and 2008 combined, four persons were committed to state
prison for the felony offense of bringing prohibited weapons
onto K-12 grounds. While misdemeanor convictions are likely to
be considerably greater than this figure, local costs should not
be significant.
COMMENTS : According to the author, "Violence in our schools
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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.
"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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
FN: 0002645