BILL ANALYSIS                                                                                                                                                                                                    �






                          SENATE COMMITTEE ON EDUCATION
                              Alan Lowenthal, Chair
                             2011-12 Regular Session
                                         

          BILL NO:       SB 1530
          AUTHOR:        Padilla
          AMENDED:       March 27, 2012
          FISCAL COMM:   Yes            HEARING DATE:  April 11, 2012
          URGENCY:       No             CONSULTANT:Beth Graybill

           SUBJECT  :  School employees:  dismissal, suspension, and leave 
                    of absence procedures.  
          
           SUMMARY   

          This bill modifies notice and hearing procedures relating to 
          the dismissal and suspension of certificated employees as 
          specified.

           BACKGROUND  

          Current law prohibits the dismissal of a certificated 
          employee who has achieved permanent status except for one or 
          more of the following causes:  
          (Education Code � 44932)

          1)   Immoral or unprofessional conduct.
          2)   Commission, aiding, or advocating the commission of acts 
               of criminal syndicalism.

          3)   Dishonesty.
          4)   Unsatisfactory performance.
          5)   Evident unfitness for service.
          6)   Physical or mental condition unfitting him or her to 
               instruct or associate with children.

          7)   Persistent violation of or refusal to obey state laws or 
               regulations pertaining to schools.

          8)   Conviction of a felony or of any crime involving moral 
          turpitude.
          9)   Violation of the prohibition against advocating or 
               teaching communism with the intent to indoctrinate or 
               inculcate in the mind of any pupil a preference for 
               communism.




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          10)  Knowing membership in the Communist Party.
          11)  Alcoholism or other drug abuse which makes the employee 
               unfit to instruct or associate with children.

          Current law requires a governing board to notify an employee 
          in writing of its intention to dismiss or suspend him or her 
          at the expiration of 30 days unless the employee demands a 
          hearing.  Current law prohibits a 30-day Notice of Intent to 
          Dismiss or Suspend (30-day Notice) from being given between 
          May 15 and September 15 in any year.  (EC � 44934 and EC � 
          44936)
          Existing law requires suspension and dismissal hearings to 
          begin within 60 days of an employee's request.  The hearing 
          is conducted by a three-member Commission on Professional 
          Competence (CPC) comprised of an educator chosen by the 
          employee, an educator (typically an administrator) chosen by 
          the school district's administration, and an Administrative 
          Law Judge (ALJ) from the Office of Administrative Hearings.  
          The ALJ serves as the chair of the CPC.  Specific rules apply 
          to the hearing process:  

                 Members of the CPC may not be employees of the 
               district and must have at least five years of experience 
               (within the last ten) in the discipline of the employee. 
                

                 Parties may not introduce testimony or evidence 
               relating to matters that occurred more than four years 
               prior to the issuances of the 30-day Notice.  

                 The decision of the CPC is deemed to be the final 
               decision of the governing board.  (EC � 44944)

          The Legislature has established additional notice 
          requirements school districts must follow when seeking to 
          suspend or dismiss an employee for unprofessional conduct or 
          unsatisfactory performance.  Before a governing board can 
          take action to issue a 30-day Notice the following must 
          occur:  

                  Unprofessional Conduct  :  The employee must be given 
               advance notice of at least 45 days.  The Notice of 
               Unprofessional Conduct must specify the nature of the 
               cause, list specific instances of behavior and furnish 
               the employee an opportunity to correct the faults and 
               overcome the grounds of the charge.  The notice must 
               also include a copy of the employee's evaluation.  (EC � 



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               44938(a))

                  Unsatisfactory Performance  :  The employee must be 
               given advance notice of at least 90 days.  The Notice of 
               Unsatisfactory Performance must specify the nature of 
               the performance issues, with specific instances of 
               behavior with "such particularity" as to furnish the 
               employee an opportunity to correct his or her faults and 
               overcome the grounds for the charge.  The notice must 
               also include a copy of the employee's evaluation.  (EC � 
               44938(b))  

          Current law authorizes the immediate suspension of a 
          permanent employee for specified conduct including:  immoral 
          conduct, conviction of a felony or any crime involving moral 
          turpitude, incompetency due to mental disability, willful 
          refusal to perform regular assignments without reasonable 
          cause, advocating communism, or knowing membership in the 
          Communist Party.  (EC � 44939)  

          Current law establishes certain crimes as "mandatory leave of 
          absence offenses" and requires school districts to place an 
          employee criminally charged of those offenses on a compulsory 
          leave of absence.  Mandatory offenses include sex offenses 
          specified in EC � 44010 and offenses involving aiding or 
          abetting the unlawful sale, use, or exchange to minors of 
          specified controlled substances with the exception of 
          marijuana, mescaline, peyote, or tetrahydrocannabinols.  
          (EC � 44940 and � 44940.5)  

          Existing law establishes certain crimes as "optional leave of 
          absence offenses" and authorizes (but does not require) 
          school districts to place an employee charged with those 
          offenses on a compulsory leave of absence.  These offenses 
          include controlled substance offenses specified in EC � 
          44011, a violation or attempted violation of specified 
          sections of the Penal Code and Health and Safety Code insofar 
          as these sections relate to any controlled substances except 
          marijuana, mescaline, peyote, or tetrahydrocannabinols.  (EC 
          � 44940.5)

           ANALYSIS  

           This bill  :

          1)   Modifies suspension and dismissal procedures for the 
               offenses defined in the following statutes:



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               a)        Sexual misconduct offenses specified in EC � 
                    44010.

               b)        Controlled substances offenses specified in EC 
                    � 44011. 

               c)        Penal Code offenses specified in PC � 11165.2 
                    to � 11165.6 inclusive.

               For the specified offenses only, 

               a)        Removes the prohibition against issuing 30-day 
                    Notice between May 15 and September 15.  

               b)        Specifies that a Commission on Professional 
                    Competence (CPC) shall consist of an administrative 
                    law judge (ALJ) of the Office of the Administrative 
                    Hearings.  Requires the place for the hearing to be 
                    selected by the ALJ.  

               c)        Authorizes testimony and evidence relating to 
                    matters that occurred more than four years prior to 
                    the issuance of the 30-day Notice to be introduced 
                    at a hearing.  

               d)        Deems the decision of the ALJ to be advisory 
                    to the governing board.  

          2)   Makes the following changes pertaining to the suspension 
               or dismissal of a permanent employee for unprofessional 
               conduct:  

               a)        Deletes the definition of unprofessional 
                    conduct.  

               b)        Eliminates the requirement to issue a 45-day 
                    Notice of Unprofessional Conduct prior to filing a 
                    charge with the governing board.  

               c)        Adds unprofessional conduct to the conditions 
                    for which a governing board may immediately suspend 
                    a permanent employee.  

          3)   Removes marijuana, mescaline, peyote, and 
               tetrahydrocannabinols as exceptions to the controlled 
               substance offenses for which a certificated employee may 



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               be charged with a mandatory or optional leave of absence 
               offense.  

          4)   Requires local agencies and school districts to be 
               reimbursed for costs if the Commission on State Mandates 
               determines that this act contains costs mandated by the 
               state.  

           STAFF COMMENTS  

           1)   Need for the bill  :  According to the author, existing 
               dismissal statutes make it difficult for governing 
               boards to dismiss employees who engage in serious 
               misconduct.  Dismissal proceedings are often long and 
               costly.  The requirement to give an employee who engages 
               in unprofessional conduct 45 days to correct their 
               behavior is often too long.  Additionally, the 
               prohibition against issuing a 30-day Notice after May 15 
               limits the ability of a school district to address 
               misconduct in a timely manner.  The author maintains 
               that for cases involving sexual misconduct, drugs, or 
               violence against children, the restriction on historical 
               evidence hinders an employer's ability to build a 
               reasonable case or establish a pattern of the conduct.  
               The author maintains that because a governing board is 
               responsible for the safety of pupils enrolled in the 
               district, it should have the authority to dismiss 
               teachers who jeopardize that safety or otherwise engage 
               in conduct that harms pupils.  This bill addresses two 
               problematic areas for employers:  The suspension and 
               dismissal of certificated employees who engage in 
               unprofessional conduct and the dismissal of employees 
               charged with committing specified criminal offenses.  

           2)   Causes for dismissal  .  Of the 11 statutory causes for 
               dismissal, only unprofessional conduct and 
               unsatisfactory performance require a preliminary notice 
               before a governing board can issue a 30-day Notice of 
               Intent to Dismiss or Suspend:  The preliminary notice 
               requirement for these two causes is based on the notion 
               that an employee can (or should be able to) improve or 
               correct his or her conduct within the prescribed 
               timeframe.  Specifically, issues related to 
               unsatisfactory performance can be remediated within 90 
               days while unprofessional conduct should be corrected 
               within a 45-day period.  




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           3)   Unprofessional conduct  .  This bill eliminates the 
               preliminary notice requirement for unprofessional 
               conduct and provides specific authority for a school 
               district to immediately suspend an employee for this 
               type of conduct.  In so doing, the bill would give 
               school districts greater authority to take swift and 
               decisive action to address conduct that may adversely 
               affect students or the school community.  

          The difference between the common meaning of the term 
               'unprofessional conduct' and the meaning of the term as 
               a cause for dismissal can be confusing.  Case law 
               supports the notion that unprofessional conduct revolves 
               around duties and responsibilities relative to the 
               employment setting, such as the employee's duties and 
               how the employee relates to colleagues, parents, and 
               students, etc.  The line between immoral conduct and 
               unprofessional conduct is not always clear.  Actions 
               such as writing love notes to students may be considered 
               immoral conduct, while using profane language and 
               swearing at students seems to fit the category of 
               unprofessional conduct.  Yet under existing law, an 
               employer wanting to suspend an employee for that 
               unprofessional conduct would first need to provide the 
               employee with a 45-day notice.  When there is a single, 
               egregious breach of conduct, providing employers with 
               greater latitude to immediately implement a short 
               discipline (like a two-day suspension) seems to make 
               sense and potentially gives the employee an appropriate 
               "cooling off" period.  Moreover, it could reduce any 
               inappropriate use of an "immoral conduct" charge in 
               order to suspend the employee.  By eliminating the 
               one-size-fits-all remediation period, this bill allows 
               school districts greater flexibility to match discipline 
               to the offense.  

          Opponents argue that removing the preliminary notice 
               requirement raises the question of whether an employee 
               would be given a fair and adequate opportunity to 
               improve.  However, employers indicate that persistent 
               conduct problems are typically addressed through 
               documentation and progressive discipline over a period 
               of time and argue that providing an additional 45 days 
               for remediation may not be productive and could, in 
               egregious cases, jeopardize pupil safety.  Given the 
               Commission on Professional Competence (CPC) could 
               determine the extent to which an employee was given 



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               reasonable opportunity to correct the fault, the 
               question posed by this bill is whether it is in the 
               public interest of the State to maintain an employment 
               protection for educators that is not enjoyed by most 
               other public servants.  

          This bill deletes the current statutory definition of 
               unprofessional conduct.  While case law will continue to 
               shape and define the types of conduct that may be 
               considered unprofessional, school districts and 
               employees should have some statutory definition to turn 
               to for guidance.  To assist school districts in 
               addressing unprofessional conduct, the statutory 
               definition should be retained.  Staff recommends the 
               bill be amended to the definition of "Unprofessional 
               conduct" currently specified in EC � 44938(c) into � 
               44939.  

           4)   Special offenses - special process  .  The Legislature has 
               established high "fitness" standards for individuals who 
               work near and around children.  The State has strong 
               screening procedures for employment and licensure that 
               help protect pupils from educators who have a criminal 
               background that makes them unfit for working with 
               children.  However, proponents of this measure argue 
               that existing law makes it difficult to adequately 
               protect pupils from educators who commit harmful acts 
               subsequent to being hired.  This bill modifies dismissal 
               procedures for employee who are charged with specified 
               criminal offenses involving sexual misconduct, 
               controlled substances, or actions harming or endangering 
               children.  The specific offenses are listed in Appendix 
               A.  

               By removing exemptions that currently exist for the 
               unlawful sale, exchange and use of marijuana, mescaline, 
               peyote, or tetrahydrocannabinols with students this bill 
               makes those offenses "mandatory leave of absence" 
               offenses, which will also require notification of the 
               Commission on Teacher Credentialing.  

           5)   Bifurcated hearing process  .  This bill establishes a 
               different dismissal hearing process for employees 
               charged with the specified criminal offenses noted 
               above.  For these offenses, the hearing would be 
               conducted by an ALJ who could consider evidence and 
               testimony pertaining to matters that occurred more than 



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               four years prior to the 30-day notice and who's decision 
               would be advisory to the governing board.  

          The state's employment and credential discipline process for 
               teachers is based on a "jury of peers" model.  Educators 
               constitute a majority of a commission of professional 
               competence; the Commission on Teacher Credentialing's 
               Committee of Credentials includes elementary teachers, 
               secondary teachers, school administrators, school board 
               members and public representatives.  These discipline 
               models allow the legal issues pertaining to the removal 
               of an educator's job or credential to be considered in 
               the context of an educator's practice.  While the 
               participation of educator specialists may be of benefit 
               for most dismissal cases, it is not clear that 
               professional competency or classroom experience would be 
               as relevant in matters involving criminal offenses.  

          Current law prohibits testimony or evidence relating to 
               matters that occurred more than four years prior to the 
               issuance of the 30-day notice from being introduced 
               during a hearing.  Although administrative law judges 
               (ALJs) may on occasion ask for information that extends 
               beyond the four-year limit, the law prohibits a CPC from 
               basing a decision on charges or evidence relating to 
               matters that occurred more than four years prior to the 
               filing of the notice.  (A similar four-year prohibition 
               applies to the scope of discovery in community college 
               proceedings.)  

          For the specified offenses, this bill makes the decision of 
               the ALJ advisory to a governing board.  While governing 
               boards could theoretically move forward with a dismissal 
               when an ALJ recommends reinstatement, the potential for 
               a wrongful termination lawsuit suggests otherwise.  
               However, by empowering a governing board to have the 
               final say, this bill could have a chilling effect on 
               employees exercising their due process rights to a 
               hearing.  To maintain due process, the Committee may 
               wish to consider amendments that would require governing 
               boards to follow a process similar to that specified in 
               Government Code � 11517 to � 11519, whereby a board 
               would, in rejecting the proposed decision, be required 
               to decide the case upon the record, including the 
               hearing transcript, provide a copy of the record to the 
               employee, and afford the employee the opportunity to 
               present either oral or written argument before the 



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               board.  Given the ALJ would be required to conduct the 
               proceedings in accordance with Chapter 5 (commencing 
               with Section 11500) of Part 1 of Division 3 of Title 2 
               of the Government Code, it seems appropriate to require 
               governing boards to follow standardized procedures once 
               an ALJ's proposed decision is received.  

           6)   Related and prior legislation  .  This bill is somewhat 
               similar to SB 1059 (Huff), also scheduled to hear on 
               April 11, 2012, which also modifies procedures relating 
               to the suspension and dismissal of employees.  

          AB 2028 (Knight).  This bill, identical to SB 1059, modifies 
               procedures relating to the suspension, dismissal and 
               leave of absence of employees.

          SB 355 (Huff, 2011) authorized the governing board of a 
               school district to evaluate and assess the performance 
               of certificated employees using a multiple-measures 
               evaluation system, authorizes school districts to make 
               specified employment decisions based on teacher 
               performance, and expands the reasons districts may 
               deviate from the order of seniority in terminating and 
               reappointing teachers, as specified.  This bill failed 
               passage in this Committee on a 3-2 vote.  

          SB 955 (Huff, 2010) proposed various changes to statutes 
               governing the layoff and dismissal of certificated 
               educators, and would have given governing boards the 
               final say over dismissal cases.  This bill was passed by 
               this Committee on a 5-4 vote.  

           SUPPORT
           
          Alliance for a Better Community
          Children Now
          Democrats for Education Reform
          Education Trust West
          Los Angeles Mayor Antonio R. Villaraigosa
          Los Angeles Unified School District 
          Mexican American Legal Defense and Educational Fund 
          Partnership for Los Angeles Schools
          Santa Ana Police Department
          Visalia Unified School District
          Youth Policy Institute 

           OPPOSITION



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          California Teachers Association
















































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                                    Appendix A
                      Specified Offenses Covered by SB 1530
                                         
           -------------------------------------------------------------- 
          |Penal Code |                 Offense                 |� 44010 |
          |  Section  |                                         |Subsecti|
          |           |                                         |   on   |
          |-----------+-----------------------------------------+--------|
          |220        |Assault to commit rape                   |  (a)   |
          |-----------+-----------------------------------------+--------|
          |243.4      |Sexual battery                           |        |
          |(a)(b)(c)(d|                                         |        |
          |)          |                                         |        |
          |-----------+-----------------------------------------+--------|
          |261        |Rape                                     |        |
          |-----------+-----------------------------------------+--------|
          |261.5      |Unlawful sexual intercourse with minor   |        |
          |           |(statutory rape)                         |        |
          |-----------+-----------------------------------------+--------|
          |262        |Rape of spouse by force/fear/threat      |        |
          |-----------+-----------------------------------------+--------|
          |264.1      |Aiding and abetting rape                 |        |
          |-----------+-----------------------------------------+--------|
          |266        |Entice minor female for                  |        |
          |           |prostitution/etc.                        |        |
          |-----------+-----------------------------------------+--------|
                                                              |266j       |Providing or transporting child under 16 |        |
          |           |for lewd or lascivious act               |        |
          |-----------+-----------------------------------------+--------|
          |267        |Abduct minor for prostitution            |        |
          |-----------+-----------------------------------------+--------|
          |272        |(on or after 9/15/61) Contributing to    |  (e)   |
          |           |the delinquency of a minor involving     |        |
          |           |lewd/lascivious conduct                  |        |
          |-----------+-----------------------------------------+--------|
          |285        |Incest                                   |  (a)   |
          |-----------+-----------------------------------------+--------|
          |286        |Sodomy                                   |  (a),  |
          |           |                                         |  (g)   |
          |-----------+-----------------------------------------+--------|
          |288        |Lewd or lascivious acts with child under |  (a)   |
          |           |14 years                                 |        |
          |-----------+-----------------------------------------+--------|
          |288.5      |Lewd or lascivious acts                  |  (a)   |
          |-----------+-----------------------------------------+--------|
          |288a       |Oral copulation                          |  (a),  |
          |           |                                         |  (g)   |



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          |-----------+-----------------------------------------+--------|
          |289        |Penetration by foreign object            |  (a)   |
          |-----------+-----------------------------------------+--------|
          |290        |Registration as a sex offender and any   |  (j)   |
          |           |conviction resulting in requirement to   |        |
          |           |register as a sex offender               |        |
          |-----------+-----------------------------------------+--------|
          |311(1)     |Indecent exposure (after 9/7/55 but      |  (d)   |
          |           |before 9/15/61)                          |        |
          |-----------+-----------------------------------------+--------|
          |311(2)     |(before 9/15/61) Procuring another's     |  (b)   |
          |           |lewd exposure or excitation lewd         |        |
          |           |thoughts                                 |        |
          |-----------+-----------------------------------------+--------|
          |311.1      |Sent or brought into state for sale or   |  (a)   |
          |           |distribution, matter depicting sexual    |        |
          |           |conduct by minor                         |        |
          |-----------+-----------------------------------------+--------|
          |311.2      |Sending or bringing into state for sale  |        |
          |           |or distribution, matter depicting sexual |        |
          |           |conduct by minor; transaction with minor |        |
          |-----------+-----------------------------------------+--------|
          |311.3      |Sexual exploitation of a child           |        |
          |-----------+-----------------------------------------+--------|
          |311.4      |Employment or use of minor to perform    |        |
          |           |prohibited acts                          |        |
          |-----------+-----------------------------------------+--------|
          |311.10     |Advertising for sale or distribution     |        |
          |           |obscene matter depicting a person under  |        |
          |           |the age of 18 years engaging in or       |        |
          |           |simulating sexual conduct                |        |
          |-----------+-----------------------------------------+--------|
          |311.11     |Possession or control of matter          |        |
          |           |depicting minor engaging or simulating   |        |
          |           |sexual conduct                           |        |
          |-----------+-----------------------------------------+--------|
          |313.1      |Distribute harmful matter to minors      |        |
          |-----------+-----------------------------------------+--------|
          |314        |Indecent exposure (on or after 9/15/61)  |  (c)   |
          |-----------+-----------------------------------------+--------|
          |647(a)     |Disorderly conduct: solicit lewd act     |  (a)   |
          |-----------+-----------------------------------------+--------|
          |647(d)     |Disorderly conduct: loiter in or about   |        |
          |           |toilet                                   |        |
          |-----------+-----------------------------------------+--------|
          |647a       |(Before 12/31/87) Annoy/molest children  |        |
          |-----------+-----------------------------------------+--------|



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          |647b       |Loitering about adult schools; molesting |        |
          |           |of pupils                                |        |
          |-----------+-----------------------------------------+--------|
          |647(5)     |(Before 9/15/61) Vagrancy, lewd:         |  (b)   |
          |           |solicitation of homosexual activity      |        |
          |-----------+-----------------------------------------+--------|
          |647.6      |(After 1/1/88) Annoy/molest children     |  (a)   |
          |-----------+-----------------------------------------+--------|
          |Various    |Any attempt to commit any of the         |  (h)   |
          |           |above-mentioned offenses                 |        |
          |-----------+-----------------------------------------+--------|
          |Various    |Any commission or attempt in another     |  (i)   |
          |           |state or against the laws of the U.S.    |        |
          |           |which if committed in California would   |        |
          |           |have been punishable as one or more of   |        |
          |           |the above-mentioned offenses (including  |        |
          |           |PC � 290)                                |        |
          |-----------+-----------------------------------------+--------|
          |W&I � 702  |(prior to 9/15/61) Lewd and lascivious   |  (f)   |
          |           |conduct                                  |        |
          |-----------+-----------------------------------------+--------|
          |W&I � 6300 |Commitment as a mentally disordered sex  |  (k)   |
          |           |offender under former article            |        |
          |           |(commencing with � 6300, repealed in     |        |
          |           |1981)                                    |        |
          |-----------+-----------------------------------------+--------|
          |           |                                         |        |
           -------------------------------------------------------------- 


           -------------------------------------------------------------- 
          | Health &  |                 Offense                 |� 44011 |
          |  Safety   |                                         |Subsecti|
          |   Code    |                                         |   on   |
          |  Section  |                                         |        |
          |-----------+-----------------------------------------+--------|
          |11350      |Possession of designated controlled      |  (a)   |
          |           |substances                               |        |
          |-----------+-----------------------------------------+--------|
          |11351      |Possession/purchase of designated        |        |
          |           |controlled substances for sale           |        |
          |-----------+-----------------------------------------+--------|
          |11351.5    |Possession of cocaine for sale           |        |
          |-----------+-----------------------------------------+--------|
          |11352      |Transportation/etc. designated           |        |
          |           |controlled substances                    |        |
          |-----------+-----------------------------------------+--------|



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          |11352.1    |Dispensing or furnishing drugs without a |        |
          |           |license                                  |        |
          |-----------+-----------------------------------------+--------|
          |11352.5    |Sale of heroin                           |        |
          |-----------+-----------------------------------------+--------|
          |11353      |Adult induces/etc. minor to violate      |        |
          |           |controlled substance provisions          |        |
          |-----------+-----------------------------------------+--------|
          |11353.1    |Violation of 11353 by an adult near      |        |
          |           |other minors                             |        |
          |-----------+-----------------------------------------+--------|
          |11353.4    |Multiple violations of 11353 by an       |        |
          |           |adult; involving minor under 14 yrs.     |        |
          |-----------+-----------------------------------------+--------|
          |11353.5    |Sale/etc. of controlled substance by     |        |
          |           |adult to a minor under 14 and near other |        |
          |           |minors                                   |        |
          |-----------+-----------------------------------------+--------|
          |11354      |Minor induces/etc. another minor to      |        |
          |           |violate controlled substance prov.       |        |
          |-----------+-----------------------------------------+--------|
          |11355      |Sale/etc. of substance in lieu of        |        |
          |           |controlled substance                     |        |
          |-----------+-----------------------------------------+--------|
          |11361      |Employment of minor under 14 to          |        |
          |           |transport/sell/etc.                      |        |
          |-----------+-----------------------------------------+--------|
          |11366      |Open/maintain place to sell/etc.         |        |
          |           |controlled substance                     |        |
          |-----------+-----------------------------------------+--------|
          |11368      |Forged or altered narcotic prescription  |        |
          |-----------+-----------------------------------------+--------|
          |11377      |Possession of controlled substance       |        |
          |-----------+-----------------------------------------+--------|
          |11378      |Possession of controlled substance for   |        |
          |           |sale                                     |        |
          |-----------+-----------------------------------------+--------|
          |11378.5    |Possession of phencyclidine for sale     |        |
          |-----------+-----------------------------------------+--------|
          |11379      |Transportation/etc. of controlled        |        |
          |           |substance                                |        |
          |-----------+-----------------------------------------+--------|
          |11379.2    |Possession for sale, or sale of ketamine |        |
          |-----------+-----------------------------------------+--------|
          |11379.5    |Transportation/etc. of phencyclidine     |        |
          |-----------+-----------------------------------------+--------|
          |11379.6    |Manufacture/etc. of controlled           |        |



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          |           |substances                               |        |
          |-----------+-----------------------------------------+--------|
          |11379.7    |Violation of specified offenses near     |        |
          |           |child under 16                           |        |
          |-----------+-----------------------------------------+--------|
          |11379.8    |Violation of 11379.6 with specified      |        |
          |           |controlled substances                    |        |
          |-----------+-----------------------------------------+--------|
          |11379.9    |Causing death or great bodily injury of  |        |
          |           |another person                           |        |
          |-----------+-----------------------------------------+--------|
          |11380      |Use/etc. of minor to violate controlled  |        |
          |           |substance provisions                     |        |
          |-----------+-----------------------------------------+--------|
          |11380.1    |Violation of 11380 with specified        |        |
          |           |controlled substances                    |        |
          |-----------+-----------------------------------------+--------|
          |11380.5    |Furnishing/etc. minor with specified     |        |
          |           |controlled substances                    |        |
          |-----------+-----------------------------------------+--------|
          |11382      |Sale/etc. of substance in lieu of        |        |
          |           |controlled substance                     |        |
          |-----------+-----------------------------------------+--------|
          |11550      |Use/under the influence of controlled    |        |
          |           |substance                                |        |
          |-----------+-----------------------------------------+--------|
          |Various    |Any offense committed or attempted in    |  (b)   |
          |           |another state or against the laws of the |        |
          |           |U.S. which, if committed or attempted in |        |
          |           |this state would have been punished as   |        |
          |           |one or more of the offenses above.       |        |
          |-----------+-----------------------------------------+--------|
          |11500      |(fmr section) Unlawful possession of a   |  (c)   |
          |           |controlled substance                     |        |
          |-----------+-----------------------------------------+--------|
          |11500.5    |(fmr section) Unlawful possession of     |        |
          |           |controlled substance for sale            |        |
          |-----------+-----------------------------------------+--------|
          |11501      |(fmr section) Unlawful transportation of |        |
          |           |controlled substance                     |        |
          |-----------+-----------------------------------------+--------|
          |11502,     |(fmr section) Inducing minor's violation |        |
          |11502.1    |of controlled substance law              |        |
          |-----------+-----------------------------------------+--------|
          |11503      |(fmr section) Unlawful sale, transport,  |        |
          |           |etc. of controlled substance             |        |
          |-----------+-----------------------------------------+--------|



                                                                 SB 1530
                                                                  Page 16



          |11557      |(fmr section) Operating or maintaining   |        |
          |           |place for dispensing controlled          |        |
          |           |substance                                |        |
          |-----------+-----------------------------------------+--------|
          |11715      |(fmr section) Forging or altering        |        |
          |           |prescription                             |        |
          |-----------+-----------------------------------------+--------|
          |11721      |(fmr section) Prohibited use or being    |        |
          |           |under influence of controlled substance  |        |
          |-----------+-----------------------------------------+--------|
          |Various    |Any attempt to commit any of the         |  (d)   |
          |           |offenses above                           |        |
           -------------------------------------------------------------- 
           -------------------------------------------------------------- 
          |Penal Code |             Harm to Children Offense             |
          |  Section  |                                                  |
           -------------------------------------------------------------- 
          |11165.2    |Child neglect                                     |
           -------------------------------------------------------------- 
          |11165.3    |Willful harming or injuring a child or            |
          |           |endangering the person or health of a child       |
           -------------------------------------------------------------- 
          |11165.4    |Unlawful corporal punishment or injury            |
           -------------------------------------------------------------- 
          |11165.5    |Abuse or neglect in out-of-home care              |
          |-----------+--------------------------------------------------|
          |11165.6    |Child abuse or neglect                            |
          |           |                                                  |
           --------------------------------------------------------------