BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 188
Author: Runner (R)
Amended: 9/10/09
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
SENATE FLOOR : 39-0, 6/3/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
SUBJECT : Temporary restraining orders: schools
SOURCE : Western Beauty Institute
DIGEST : This bill creates a separate code section
governing the ability fo schools and postsecondary
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education institutions to obtain injunctions and temporary
restraining orders on behalf of students.
Assembly Amendments added clarifying language.
ANALYSIS :
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.
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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
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:
1. Authorizes a designated officer of postsecondary
educational institution, a student of which has suffered
a specified threat of violence from any individual which
can be reasonably construed to be carried out at the
campus or facility, to seek a temporary restraining
order and an injunction, on behalf of the student and,
at the court's discretion, any number of other students
at the campus or facility.
2. Provides that a temporary restraining order may be
granted ex parte, at the court's discretion, for up to
15 days, upon the plaintiff filing a petition for an
injunction and an affidavit that shows reasonable proof
that a student has suffered a credible threat of
violence by the defendant, and that great or irreparable
harm would result to the student.
3. Requires the court, within 15 days of the filing of the
petition, to hold a hearing on the petition for the
injunction, where the defendant may file a response or
file a cross-complaint.
4. Provides that if the defendant is a current student of
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the entity requesting the injunction, the judge shall
receive evidence concerning the decision of the
postsecondary educational institution decision to
retain, terminate, or otherwise discipline the
defendant.
5. Provides that if the judge finds by clear and convincing
evidence that the defendant made a credible threat of
violence, an injunction shall be issued prohibiting
further threats of violence with a duration of not more
than three years.
6. Provides that any intentional and knowing violation of
the temporary restraining order is a misdemeanor
punishable by a fine of not more than $1000, or by
imprisonment in a county jail for not more than one
year, or both.
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 9/10/09)
Western Beauty Institute (source)
Los Angeles Unified School District
San Francisco Unified School District
DLW:do 9/11/09 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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