BILL ANALYSIS
AB 2478
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2478 (Mendoza)
As Amended June 23, 2010
Majority vote
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|ASSEMBLY: |68-2 |(April 26, |SENATE: |23-10|(August 19, |
| | |2010) | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Expands an existing misdemeanor related to
interference or disruption of school activities and punishable
by up to six months in the county jail to include any person who
willfully or knowingly creates a disruption with the intent to
threaten the immediate physical safety of K-8 pupils arriving
at, attending or leaving school.
The Senate amendment makes a non-substantive revision.
EXISTING LAW :
1)Provides that any person who comes into any school building or
upon any school ground, or street, sidewalk, or public way
adjacent thereto, without lawful business thereon, and whose
presence or acts interfere with the peaceful conduct of the
activities of the school or disrupt the school or its pupils
or school activities, is guilty of a misdemeanor if he or she
does any of the following:
a) Remains there after being asked to leave by the chief
administrative official of that school or his or her
designated representative, or by a person employed as a
member of a security or police department of a school
district pursuant to the Education Code, or a city police
officer, or sheriff or deputy sheriff, or a Department of
the California Highway Patrol peace officer;
b) Reenters or comes upon that place within seven days of
being asked to leave by a person specified in existing law;
c) Has otherwise established a continued pattern of
unauthorized entry; or,
AB 2478
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d) This section shall not be utilized to impinge upon the
lawful exercise of constitutionally protected rights of
freedom of speech or assembly.
2)States that punishment for this crime shall be as follows:
a) Upon a first conviction by a fine not exceeding $500, by
imprisonment in a county jail for a period of not more than
six months, or by both that fine and imprisonment.
b) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or
provision of law related to disturbing the peace, by
imprisonment in a county jail for a period of not less than
10 days or more than six months, or by both imprisonment
and a fine not exceeding $500, and shall not be released on
probation, parole, or any other basis until he or she has
served not less than 10 days.
If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter
or provisions related to disturbing the peace, by
imprisonment in a county jail for a period of not less than
90 days or more than six months, or by both imprisonment
and a fine not exceeding $500, and shall not be released on
probation, parole, or any other basis until he or she has
served not less than 90 days.
3)Defines the following terms:
a) "Lawful business" is a reason for being present upon
school property which is not otherwise prohibited by
statute, by ordinance, or by any regulation adopted
pursuant to statute or ordinance;
b) "Continued pattern of unauthorized entry" is when on at
least two prior occasions in the same school year the
defendant came into any school building or upon any school
ground, or street, sidewalk, or public way adjacent
thereto, without lawful business thereon, and his or her
presence or acts interfered with the peaceful conduct of
the activities of the school or disrupted the school or its
pupils or school activities, and the defendant was asked to
leave by a person, as specified; and,
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c) "School" is any preschool or public or private school
having Kindergarten or any of Grades 1 to 12, inclusive.
4)States when a person is directed to leave pursuant to existing
law, the person directing him or she to leave shall inform the
person that if he or she reenters the place within seven days
he or she will be guilty of a crime.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "AB 2478 would add language
to Penal Code [Section] 626.8 addressing disruptive messages
where the disruption threatens the physical safety of school
children in preschool, elementary school, or middle school while
they are coming to, leaving from, or attending school.
"On March 24, 2003, at approximately 7:30 a.m., two vehicles
driven by two members of the group Center for Bio-Ethical Reform
drove around the perimeter of a middle school as students were
walking and being dropped off for classes. The two vehicles
consisted of a truck displaying billboard-sized, graphic
photographs of aborted fetuses and an escort 'security vehicle'
equipped with a security cage, red and amber flashing lights,
push bars and antennae mounted on the roof.
"Between 7:15 a.m. and 7:45 a.m., all 1,900 students of the
school arrived on campus in the same location; the cul de sac
where the two vehicles were driving. Because of the disturbing
nature of the photographs, some students became angry, some
began to cry, and others stared while standing in the street and
on the sidewalk, creating a traffic safety hazard. School
officials contacted the Los Angeles County Sheriff's Department.
Deputy sheriff's officers arrived, detained the two drivers of
the vehicles and eventually determined that California Penal
Code [S]ection 626.8 was in violation and asked the drivers to
leave the area around the school.
"The Center for Bio-Ethical Reform filed a lawsuit contending
school officials and the sheriff's officers violated their First
and Fourth Amendment rights. The district court granted summary
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judgment in favor of the Sheriff's Department and Los Angeles
Unified School District (Defendants) at which point the Center
for Bio-Ethical Reform (Plaintiffs) appealed. The Ninth Circuit
Court of Appeals held that Penal Code section 626.8 does not, as
written, permit school administrators to contact local law
enforcement in the event that a person or entity conveys
disruptive messages on an adjacent street where the disruption
threatens the physical safety of children where they are coming
to, leaving from, or attending school.
"However, in that opinion, the Ninth Circuit acknowledged that
should the California Legislature choose to adopt statutory
language to address this situation, the outcome may be
different.
"California schools have the constitutional obligation to
provide safe campuses to students and employees. The right to
free expression is also protected by the State and Federal
Constitutions. However, the right to free expression is not
absolute, and has been limited within the school context by
reasonable time, manner and place regulations to ensure safety
and to minimize disruption to educational operations.
"If school administrators are unable to rely on Penal Code
[S]ection 626.8 to address disruptions of schools that may
result in physical harm to students, schools will lose an
important tool in ensuring safe campuses. This change will help
school administrators ensure student safety without unduly
burdening the right of free expression."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0005438