BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 188|
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THIRD READING
Bill No: SB 188
Author: Runner (R)
Amended: 5/20/09
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 5/12/09
AYES: Corbett, Harman, Florez, Leno, Walters
SENATE EDUCATION COMMITTEE : 9-0, 4/29/09
AYES: Romero, Huff, Alquist, Hancock, Liu, Maldonado,
Padilla, Simitian, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Temporary restraining orders: schools
SOURCE : Western Beauty Institute
DIGEST : This bill creates a separate code section
governing the ability of schools and postsecondary
educational institutions to obtain injunctions and
temporary restraining orders on behalf of students. It
gives schools, colleges, universities, and technical
institutes the ability to seek one temporary restraining
order to restrict a person's right to enter the campus,
rather than seeking a temporary restraining order on behalf
of each staff and student of the school, college,
university, or technical institute.
ANALYSIS :
CONTINUED
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Existing law:
1. Authorizes any employer, whose employee has suffered
unlawful violence or a credible threat of violence from
any individual, to seek a temporary restraining order
and an injunction on behalf of the employee and, at the
discretion of the court, any number of other employees
at the workplace, and, if appropriate, other employees
at other workplaces of the employer.
2. Defines "employee" as:
A. Every person, including aliens and minors,
rendering actual service in any business for an
employer.
B. Members of boards of directors of private,
public, and quasi-public corporations and elected
and appointed public officers.
C. A volunteer or independent contractor who
performs services for the employer at the
employer's worksite.
3. Defines "employer" as:
A. Every person engaged in any business or
enterprise in this state that has one or more
persons in service under any appointment, contract
of hire, or apprenticeship.
B. A federal agency, the state, a state agency, a
city, county or district.
C. A private, public, or quasi-public corporation,
or any public agency thereof or therein.
A temporary restraining order may be granted (ex parte) for
up to 15 days, at which time a hearing is held to review
the appropriateness of the order. At that hearing, the
restraining order may be extended for up to three years. A
restraining order restricts a person's right of movement,
and typically prohibits a person from coming within a
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specific distance or location, or having any form of
contact with, another person or people identified in the
restraining order.
Any willful disobedience of a temporary restraining order
should result in immediate arrest and is a misdemeanor.
Existing law provides several options that schools,
colleges, universities and technical institutes may use to
protect students and staff from a person making threats,
harassing students or staff, trespassing, or other display
of disruptive behavior.
This bill authorizes any chief administrative officer of a
school or a postsecondary educational institution, or an
officer or employee designated by the chief administrative
officer to maintain order on the school campus or facility,
a student of which has suffered unlawful violence or a
credible threat of violence from any individual, which can
reasonably be construed to be carried out or to have been
carried out at the school campus or facility, to seek a
temporary restraining order and an injunction, on behalf of
the student and, at the discretion of the court, any number
of other students at the campus or facility, as specified.
Comments
This bill was introduced at the request of a private
proprietary postsecondary educational institution that
sought a restraining order against a former student to
prohibit that person from entering the campus, but learned
that a separate temporary restraining order would be
required for each student and staff of that campus. The
institution would have had to seek about 375 restraining
orders to accomplish its goal of prohibiting the former
student from entering the campus. Instead, the institution
wants the authority to seek one temporary restraining order
covering the entire campus.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/20/09)
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Western Beauty Institute (source)
Los Angeles Unified School District
San Francisco Unified School District
DLW:do 5/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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