BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1390
AUTHOR: Blumenfield
AMENDED: June 1, 2009
FISCAL COMM: Yes HEARING DATE: July 8, 2009
URGENCY: No CONSULTANT: Lynn Lorber
NOTE: This bill has been referred to the Committees on
Education and Public Safety. A "do pass" motion should
include referral to the Committee on Public Safety.
SUBJECT : School security and police departments: report to
law enforcement.
SUMMARY
This bill requires a school security or police department
to electronically notify appropriate county or city law
enforcement authorities within 24 hours, if a pupil or
non-pupil on a schoolsite has been found in possession of
explosives or a firearm.
BACKGROUND
Current law authorizes school districts to establish
security or police departments and employ personnel to
ensure the safety of school district personnel and pupils
and the security of the real and personal property of the
school district. Current law also declares that a school
district police or security department is supplementary to
city and county law enforcement agencies and is not vested
with general police powers.
Current law also requires the principal of a school or the
principal's designee to notify the appropriate law
enforcement authorities of the county or city in which the
school is situated if a pupil may have committed any of the
following
1. Assault with a deadly weapon likely to result in
great bodily injury. Notification is to occur prior
to the suspension or expulsion.
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2. Possession, use, selling of a controlled substance,
within one schoolday after suspension or expulsion.
3. Offering, arranging or negotiating to sell a
controlled substance, alcohol or any intoxicant,
within one schoolday after suspension or expulsion.
4. Acts that may involve possession or sale of a
controlled substance, or possession of specified guns
or knives within 1,000 of a school.
Current law also imposes a maximum fine of $500 for willful
failure to report any violations described above, to be
paid by the principal or principal's designee who is
responsible for the failure and provides that a principal,
the principal's designee, or any other person reporting a
known or suspected act described above is not civilly or
criminally liable as a result of making the report unless
it can be proven that a false report was made deliberately.
ANALYSIS
This bill
1) Requires a school security department or school police
department to notify the appropriate county or city
law enforcement authorities having jurisdiction where
the incident occurred, if a pupil or non-pupil on a
schoolsite has committed either of the following acts:
a) Possession, sale, or otherwise furnishing a
firearm, unless the pupil had obtained prior
written permission to possess the firearm.
b) Possession of an explosive.
2) Requires that the notification be made electronically
within 24 hours of the act.
STAFF COMMENTS
1) Immediate Suspension . Current law requires the
immediate suspension, and recommended expulsion, of a
pupil that a principal or superintendent determines
has committed either of the acts that must be reported
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pursuant to this bill at school or at a school
activity off school grounds.
2) Suspected violations . Current law requires school
principals to notify law enforcement about acts of a
pupil that may have violated law. This bill requires
school security or police to notify law enforcement
about acts committed by a pupil or non-pupil. Staff
recommends an amendment to instead indicate that the
pupil may have violated the provisions specified in
this bill.
3) Principal vs. security . While it is conceivable that
a school principal would designate school security or
police to notify law enforcement pursuant to current
law, is it unclear why this bill does not specifically
allow school security or police to notify law
enforcement for offenses listed in current law. Why
should school principals or the principal's designee
report some offenses but school security or police
report others?
Additionally, current law imposes a maximum fine of $500
for willful failure to report any violations described
above, to be paid by the principal or principal's
designee who is responsible for the failure.
Shouldn't school security or police be subject to the
same penalty?
Further, current law requires the principal or the
principal's designee reporting a criminal act
committed by a school age individual with exceptional
needs to ensure that copies of the special education
and disciplinary records of the pupil are transmitted.
Should school security or police be subject to the
same requirement?
4) Fiscal impact . According to the Assembly Floor
analysis, the Assembly Appropriations Committee
believes this bill would impose annual increased
General Fund (Prop 98) state reimbursable mandated
costs, likely approximately $75,000 statewide.
SUPPORT
California District Attorneys Association
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Crime Victims United of California
Los Angeles School Police Department
Los Angeles Unified School District
Office of the City Attorney
OPPOSITION
None received.