BILL ANALYSIS �
AB 2368
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CONCURRENCE IN SENATE AMENDMENTS
AB 2368 (Block)
As Amended June 13, 2012
Majority vote
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|ASSEMBLY: |73-0 |(April 30, |SENATE: |36-0 |(June 28, |
| | |2012) | | |2012) |
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Original Committee Reference: ED.
SUMMARY : Reorganizes the provisions authorizing a governing
board to establish a school security or police department and
strikes the intent of the Legislature that a school district
police department is supplementary to city and county law
enforcement agencies and is not vested with general police
powers. Specifically, this bill :
1)Strikes the reference to police department in the provision
authorizing a governing board to establish a security and
police department and instead establishes a new subdivision
authorizing a governing board to establish a school police
department under the supervision of a school chief of police.
Authorizes the governing board to employ peace officers to
ensure the safety of school district personnel and pupils, and
the security of the real and personal property of the school
district.
2)Strikes the provision authorizing a school district to assign
a school police reserve officer in the provision authorizing a
governing board to establish a security and police department
and instead establishes a new subdivision authorizing a school
district to assign a school police reserve officer to
supplement the duties of the school police officer.
The Senate amendments strike the authority for a governing board
to employ "personnel as necessary to enforce the law on or about
the properties of the school district or when performing
necessary duties with respect to pupils, school district
personnel, and properties of the school district" and instead
insert the authority for a governing board to employ "peace
officers to ensure the safety of school district personnel and
pupils, and the security of the real and personal property of
the school district."
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EXISTING LAW :
1)Authorizes the governing board of any school district to
establish a security department under the supervision of a
chief of security or a police department under the supervision
of a chief of police, as designated by, and under the
direction of, the superintendent of the school district.
Expresses the intent of the Legislature that a school district
police or security department is supplementary to city and
county law enforcement agencies and is not vested with general
police powers. (Education Code (EC) Section 38000)
2)Specifies that persons employed and compensated as members of
a police department of a school district, when appointed and
duly sworn, are peace officers. (EC Section 38001)
3)Provides that persons employed the by California Community
College police department and school district police
department are peace officers whose authority extends to any
place in the state for the purpose of performing their primary
duty or when making an arrest as to any public offense with
respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of that offense.
Authorizes those peace officers to carry firearms only if
authorized and under terms and conditions specified by their
employing agency. (Penal Code Section 830.32)
4)Defines "school security officer" as any person primarily
employed or assigned to provide security services as a
watchperson, security guard, or patrolperson on or about
premises owned or operated by a school district to protect
persons or property or to prevent the theft or unlawful taking
of district property of any kind or to report any unlawful
activity to the district and local law enforcement agencies.
(EC Section 38001.5)
AS PASSED IN THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : Governing boards are authorized to establish security
departments headed by a chief of security and a police
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department headed by a chief of police. Security departments
are considered supplementary to city and county law enforcement
agencies and are not vested with general police powers.
Individuals employed and compensated as members of a police
department of a school district, when appointed and duly sworn,
are considered peace officers. The Penal Code specifies that
the authority of persons employed by school district police
departments extends to any place in the state and authorizes
these types of peace officers to carry a firearm if authorized
by the employing agency.
There is no data on the number of districts that have security
or police departments. Larger districts are more likely than
smaller districts to have police departments.
The author states that this bill is simply a technical cleanup
bill. The Education Code expresses the intent of the
Legislature that school district police or security department
is supplementary to city and county law enforcement agencies and
is not vested with general police powers, even though EC Section
38001 and Penal Code Section 830.32 give members of school
police departments peace officer status with general police
powers. This bill strikes the reference to school "police"
department in the intent language. A review of the legislative
history did not reveal any explanation for the conflict between
the intent language and other sections of the law.
The author states that the bill eliminates any confusion
regarding the powers of school law enforcement. According to
the Peace Officers Research Association of California (PORAC),
whose membership includes school police officers, some local
governing boards have raised questions about the powers of
school police officers, which may stem from the October 2011
shooting of a Twin Rivers Unified School District Police
Department officer during a traffic stop. A man who was
arrested during the incident died on the way to the local police
station. The local coroner did not conclude cause of death;
however, the incident has raised questions about why the school
police officer was making a non-school related traffic stop and
sparked community allegations that the Twin Rivers Police
Department frequently overstep its mandate.
This bill separates the reference to school police departments
from the provision authorizing the establishment of a school
security department and establishes a new subdivision giving
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school districts authority to establish police departments. The
bill adds language giving governing boards the authority to
employ peace officers "to ensure the safety of school district
personnel and pupils, and the security of the real and personal
property of the school district."
The San Diego Schools Police Officers Association supports the
bill and states, "When Education Code 38000 was created, it was
the intent of the Legislature for School Police Officers to work
on or about our schools, protect school district property and
protect our students at our schools or as they travel to compete
throughout the State of California. With the evolution of law
enforcement, as a whole, the role and training of School Police
Officer grew to the same level as municipal peace officers with
additional training in the area of working with juveniles and
within the same school environment while still maintaining the
original intent of the Legislature?.This bill will maintain the
original intent of the Legislature while defining the
distinctive role between a School Police Department and the
limited role of a School Security Department."
The Youth Justice Coalition opposes the bill and states that,
"While we understand that the author contends that this bill is
intended to clarify existing law, to address what they perceive
to be an inconsistency in the Education and Penal Codes, we
respectfully disagree. This bill removes language that
explicitly states school policies are distinct from city and
county law enforcement in that they are 'not vested with general
police power'. In doing so, AB 2368 further contributes to a
lack of clarity regarding the limitations of school police. In
addition to causing confusion on this point, AB 2368 creates
potential risks that are associated with an expansion of school
police power unnecessarily and without a thorough analysis of
the implications. In our current education climate, where the
phenomenon of the school-to-prison pipeline and the relationship
to school police are well documented, AB 2368 has the potential
to exacerbate a problem with serious far-reaching consequences."
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0004179
AB 2368
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