BILL ANALYSIS
SB 492
Page 1
SENATE THIRD READING
SB 492 (Maldonado)
As Amended July 14, 2009
Majority vote
SENATE VOTE :37-0
PUBLIC SAFETY 4-1 APPROPRIATIONS 14-1
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|Ayes:|Hagman, Gilmore, Hill, Ma |Ayes:|De Leon, Nielsen, Charles |
| | | |Calderon, Coto, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, John A. |
| | | |Perez, Skinner, Audra |
| | | |Strickland, Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ammiano |Nays:|Ammiano |
| | | | |
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SUMMARY: Creates enhanced penalties for registered gang
members, as specified, to return within 72 hours after being
asked to leave a school property or other public place at or
near where children normally congregate. Specifically, this
bill :
1)Punishes any person required to register as a gang member, as
specified and who loiters on or near school property after
being asked to leave as follows:
a) Upon first conviction, by a fine not exceeding $1,000;
by imprisonment in a county jail for a period of not more
than one year; or by both that fine and imprisonment.
b) Upon a second conviction, by a fine not exceeding
$2,000; by imprisonment in a county jail for a period of
not more than one year; or by both that fine and
imprisonment. The court shall consider a period of
imprisonment of at least 10 days.
2)Provides that if the defendant has been previously convicted
two or more times, by a fine not exceeding $2,000; by
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imprisonment in a county jail for a period of not more than
one year; or, by both that fine and imprisonment. The court
shall consider a period of imprisonment of at least 90 days.
EXISTING LAW states every person who loiters about any school or
public place at or near which children attend or normally
congregate and who remains at any school or public place at or
near which children attend or normally congregate, or who
reenters or comes upon a school or place within 72 hours, after
being asked to leave by the chief administrative official of
that school or, in the absence of the chief administrative
official, the person acting as the chief administrative
official, or by a member of the security patrol of the school
district who has been given authorization, in writing, by the
chief administrative official of that school to act as his or
her agent in performing this duty, or a city police officer, or
sheriff or deputy sheriff, or Department of the California
Highway Patrol peace officer is a vagrant, and is punishable by
a fine of not exceeding $1,000 or by imprisonment in the county
jail for not exceeding six months, or by both the fine and the
imprisonment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)No direct state cost.
2)Unknown, potentially moderate non-state reimbursable local
incarceration costs.
COMMENTS : According to the author, "The City of Salinas has
been experiencing a dangerous increase in gang-related activity.
Last year, 23 of the 25 homicides in the city were blamed on
gangs. During a three-day period in January 2009, five people
were killed in separate gang-related incidences. Of those five
killed, two were students at Alisal High School, including a
fifteen-year-old boy who was fatally shot behind the school on
Monday, January 12. The boy was near a soccer field at the back
of campus at 9:00 a.m., during school hours, when he was shot in
the torso.
"Children should not be afraid to go to school or intimidated by
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illegal activities occurring just on the other side of the
fence. It is clear by the violence in Salinas that gang members
are congregating near school grounds. How can a student be
expected to learn with criminal activity going on right outside
the school?
"Gang members in Salinas have become increasingly brazen in
their illegal activities, going so far as to post a gang 'hit
list' on YouTube. SB 492 would prevent convicted gang members
from loitering on or around school grounds. While loitering is
already a crime, this bill would add a sentencing enhancement if
the person has been previously convicted of a gang offense. SB
1128 (Alquist), Chapter 337, Statutes of 2006, which amended
Penal Code Section 653b, established legal precedence by
providing for sentencing enhancements when registered sex
offenders are convicted of loitering around schools."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0001944