SB 1273: School safety: mandatory notifications.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-06-13
(1)Existing law provides that any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor and subject to a fine of not more than $500.
This bill would exempt pupils who are currently enrolled in the school district from that provision.
(2)Under existing law, whenever any employee of a school district or county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, the employee and any person under whose direction or supervision the employee is employed who has knowledge of the incident are required to promptly report the incident to specified law enforcement authorities. Failure to make the report is an infraction punishable by a fine of not more than $1,000. An act by specified persons to inhibit or impede the making of the report is an infraction punishable by a fine of not less than $500 and not more than $1,000.
This bill would repeal those provisions.
(3)The federal Gun-Free Schools Act prohibits a local educational agency from receiving certain federal funds unless the local educational agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by the local educational agency.
Existing state law requires the principal of a school or the principals designee to notify the appropriate law enforcement authorities of the county or city in which the school is situated of certain acts committed by a pupil that may be unlawful, including, among others, the selling or possession of narcotics or other designated controlled or regulated substances, and acts of assault, as specified.
This bill would delete the acts referenced above from the category of acts for which the eliminate all of those duties of a principal or the principals designee is required to notify the appropriate law enforcement authorities, as described above. The bill would also exclude from this notification requirement a violation involving certain instruments, such as an instrument that expels metallic projectiles, a spot marker gun, a razor blade, or a box cutter. The bill would only require notification where notification would be consistent with the above-described referral requirement under the federal Gun-Free Schools Act. authorities of certain acts committed by pupils that may be unlawful, except for certain duties related to notifying the appropriate law enforcement authorities of specified offenses related to the possession of firearms or weapons in school zones, as provided. The bill would also make related conforming changes.
(1)Existing law provides that any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor and subject to a fine of not more than $500. Under
This bill would exempt pupils who are currently enrolled in the school district from that provision.
(2)Under existing law, whenever any employee of a school district or county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, the employee and any person under whose direction or supervision the employee is employed who has knowledge of the incident are required to promptly report the incident to specified law enforcement authorities. Failure to make the report is an infraction punishable by a fine of not more than $1,000. An act by specified persons to inhibit or impede the making of the report is an infraction punishable by a fine of not less than $500 and not more than $1,000.
This bill would repeal those provisions.
(2)(3)The federal Gun-Free Schools Act prohibits a local educational agency from receiving certain federal funds unless the local educational agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by the local educational agency.
Existing state law requires the principal of a school or the principals designee to notify the appropriate law enforcement authorities of the county or city in which the school is situated of certain acts committed by a pupil that may be unlawful, including, among others, the selling or possession of narcotics or other designated controlled or regulated substances, and acts of assault, as specified.
This bill would delete the acts referenced above from the category of acts for which the principal or the principals designee is required to notify the appropriate law enforcement authorities, as described above. The bill would also exclude from this notification requirement a violation involving certain instruments, such as an instrument that expels metallic projectiles, a spot marker gun, a razor blade, or a box cutter. The bill would only require notification where notification would be consistent with the above-described referral requirement under the federal Gun-Free Schools Act. The bill would also make related conforming changes.
(1)Existing law provides that any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor and subject to a fine of not more than $500. Under existing law, whenever any employee of a school district or county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, the employee and any person under whose direction or supervision the employee is employed who has knowledge of the incident are required to promptly report the incident to specified law enforcement authorities. Failure to make the report is an infraction punishable by a fine of not more than $1,000. An act by specified persons to inhibit or impede the making of the report is an infraction punishable by a fine of not less than $500 and not more than $1,000.
This bill would repeal those provisions.
(2)The federal Gun-Free Schools Act prohibits a local educational agency from receiving certain federal funds unless the local educational agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by the local educational agency.
Existing state law requires the principal of a school or the principals designee to notify the appropriate law enforcement authorities of the county or city in which the school is situated of certain acts committed by a pupil that may be unlawful, including, among others, the selling or possession of narcotics or other designated controlled or regulated substances, and acts of assault, as specified.
This bill would delete the acts referenced above from the category of acts for which the principal or the principals designee is required to notify the appropriate law enforcement authorities, as described above. The bill would also exclude from this notification requirement a violation involving certain instruments, such as an instrument that expels metallic projectiles, a spot marker gun, a razor blade, or a box cutter. The bill would only require notification where notification would be consistent with the above-described referral requirement under the federal Gun-Free Schools Act. The bill would also make related conforming changes.
(a)Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500).
(b)This section shall not apply to any person who is a pupil currently enrolled in the school district.
SEC. 2.Section 44014 of the Education Code is repealed.SEC. 3.Section 48902 of the Education Code is amended to read:48902.(a)The principal of a school or the principals designee shall notify the appropriate law enforcement authorities of the county or city in which the school is located of any acts of a pupil that may involve a violation of Section 626.9 or 626.10 of the Penal Code, excluding a violation involving an instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, carbon dioxide pressure, or spring action, a spot marker gun, a razor blade, or a box cutter. The notification requirement shall apply only to a violation where notification would be consistent with the requirements under the federal Gun-Free Schools Act (20 U.S.C. Sec. 7961(h)). Code.
(b)The principal of a school or the principals designee reporting a criminal act committed by a schoolage individual with exceptional needs, as defined in Section 56026, shall ensure that copies of the special education and disciplinary records of the pupil are transmitted, as described in Section 1415(k)(6) of Title 20 of the United States Code, for consideration by the appropriate authorities to whom the principal or the principals designee reports the criminal act. Any copies of the pupils special education and disciplinary records may be transmitted only to the extent permissible under the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
(a)Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500).
(b)This section shall not apply to any person who is a pupil currently enrolled in the school district.
SEC. 2.Section 44014 of the Education Code is repealed.SEC. 3.Section 48902 of the Education Code is amended to read:48902.(a)The principal of a school or the principals designee shall notify the appropriate law enforcement authorities of the county or city in which the school is located of any acts of a pupil that may involve a violation of Section 626.9 or 626.10 of the Penal Code, excluding a violation involving an instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, carbon dioxide pressure, or spring action, a spot marker gun, a razor blade, or a box cutter. The notification requirement shall apply only to a violation where notification would be consistent with the requirements under the federal Gun-Free Schools Act (20 U.S.C. Sec. 7961(h)).
(b)The principal of a school or the principals designee reporting a criminal act committed by a schoolage individual with exceptional needs, as defined in Section 56026, shall ensure that copies of the special education and disciplinary records of the pupil are transmitted, as described in Section 1415(k)(6) of Title 20 of the United States Code, for consideration by the appropriate authorities to whom the principal or the principals designee reports the criminal act. Any copies of the pupils special education and disciplinary records may be transmitted only to the extent permissible under the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
(a)The principal of a school or the principals designee shall notify the appropriate law enforcement authorities of the county or city in which the school is located of any acts of a pupil that may involve the possession or sale of narcotics or of a controlled substance or a violation of Section 626.9 or 626.10 of the Penal Code. The principal of or the principals designee shall report any act specified in paragraph (1) or (5) of subdivision (c) of Section 48915 committed by a pupil or nonpupil on a schoolsite to the city police or county sheriff with jurisdiction over the school and the school security department or the school police department, as applicable. Code, excluding a violation involving an instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, carbon dioxide pressure, or spring action, a spot marker gun, a razor blade, or a box cutter. The notification requirement shall apply only to a violation where notification would be consistent with the requirements under the federal Gun-Free Schools Act (20 U.S.C. Sec. 7961(h)).
(d)A principal, the principals designee, or any other person reporting a known or suspected act described in subdivision (a) or (b) is not civilly or criminally liable as a result of making any report authorized by this article unless it can be proven that a false report was made and that the person knew the report was false or the report was made with reckless disregard for the truth or falsity of the report.(e)(b)The principal of a school or the principals designee reporting a criminal act committed by a schoolage individual with exceptional needs, as defined in Section 56026, shall ensure that copies of the special education and disciplinary records of the pupil are transmitted, as described in Section 1415(k)(6) of Title 20 of the United States Code, for consideration by the appropriate authorities to whom he or she the principal or the principals designee reports the criminal act. Any copies of the pupils special education and disciplinary records may be transmitted only to the extent permissible under the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
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Date
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Status
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|---|---|
| Jun 29, 2022 | June 29 set for first hearing canceled at the request of author. |
| Jun 28, 2022 | From committee: Do pass and re-refer to Com. on ED. (Ayes 5. Noes 2.) (June 28). Re-referred to Com. on ED. |
| Jun 23, 2022 | Assembly Rule 56 suspended. |
| Jun 20, 2022 | Re-referred to Coms. on PUB. S. and ED. pursuant to Assembly Rule 96. |
| Jun 13, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Jun 2, 2022 | Referred to Coms. on ED. and PUB. S. |
| May 27, 2022 | In Assembly. Read first time. Held at Desk. |
| May 26, 2022 | Read third time. Passed. (Ayes 21. Noes 12. Page 3971.) Ordered to the Assembly. |
| May 23, 2022 | Read third time. Refused passage. (Ayes 18. Noes 13. Page 3841.) |
| May 17, 2022 | Read second time. Ordered to third reading. |
| May 16, 2022 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| May 6, 2022 | Set for hearing May 16. |
| May 3, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| May 2, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3519.) (April 26). |
| Apr 8, 2022 | Set for hearing April 26. |
| Apr 6, 2022 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 4. Noes 2. Page 3348.) (April 6). Re-referred to Com. on PUB. S. |
| Mar 31, 2022 | Set for hearing April 6. |
| Mar 30, 2022 | March 30 set for second hearing. Failed passage in committee. (Ayes 3. Noes 2. Page 3272.) Reconsideration granted. |
| Mar 15, 2022 | Set for hearing March 30. |
| Mar 14, 2022 | March 23 set for first hearing canceled at the request of author. |
| Mar 8, 2022 | Set for hearing March 23. |
| Mar 2, 2022 | Referred to Coms. on ED. and PUB. S. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| May 26, 2022 | Senate 3rd Reading SB1273 Bradford | Senate Floor |
Passed |
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| May 23, 2022 | Senate 3rd Reading SB1273 Bradford Reconsider | Senate Floor |
Passed |
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| May 23, 2022 | Senate 3rd Reading SB1273 Bradford | Senate Floor |
Passed |
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Bill Author
Bill Co-Author(s):