BILL ANALYSIS �
AB 123
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ASSEMBLY THIRD READING
AB 123 (Mendoza)
As Introduced January 10, 2011
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 11-1
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Blumenfield, |
| |Hagman, Hill, Mitchell | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Donnelly |
| | | | |
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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.
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 California
Highway Patrol peace officer;
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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,
d) This section shall not be utilized to impinge upon the
lawful exercise of constitutionally protected rights of
freedom of speech or assembly.
1)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.
c) 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.
2)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
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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,
c) "School" is any preschool or public or private school
having kindergarten or any of grades 1 to 12, inclusive.
3)States when a person is directed to leave pursuant to existing
law, the person directing him or her 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely minor nonreimbursable local
incarceration costs, offset to a degree by increased fine
revenue.
COMMENTS : According to the author, "The right to free
expression is 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. California schools have
the constitutional obligation to provide safe campuses to
students and employees. If school administrators are unable to
rely on Penal Code section 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 is
a necessary measure that 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
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FN: 0000205