Bill Text: CA AB2368 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: School security: security departments: school police

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-17 - Chaptered by Secretary of State - Chapter 146, Statutes of 2012. [AB2368 Detail]

Download: California-2011-AB2368-Amended.html

---

BILL NUMBER: AB 2368	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 24, 2012

   An act to amend Section 38000 of the Education Code, relating to
school security.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2368, as amended, Block. School security: security departments
 : school police departments  .
   Existing law authorizes the governing board of a 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  , and authorizes the governing board to employ
personnel to ensure the safety of school district personnel and
pupils and the security of the real and personal property of the
school district  .  Existing law also authorizes a school
district to assign a school police reserve officer who is deputized
pursuant to a specified provision to a schoolsite to supplement the
duties of school police personnel.  Existing law  also
 expresses the  intent   intention
 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.
   This bill would  authorize the governing board of a school
district to establish a school police department under the
supervision of a school chief of police and would authorize the
employment of 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. The bill would delete the
authority of a school district to assign a   school police
reserve officer who is deputized pursuant to a specified provision to
a schoolsite to supplement the duties of school police personnel.
The bill would   instead  express the intent of the
Legislature that only a school district security department is
supplementary to city and county law enforcement agencies and is not
vested with general police powers.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 38000 of the Education Code is amended to read:

   38000.  (a) The governing board of a school district may 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. In accordance with Chapter 5
(commencing with Section 45100) of Part 25, the governing board of a
school district may employ personnel to ensure the safety of school
district personnel and pupils and the security of the real and
personal property of the school district.  In addition, a
school district may assign a school police reserve officer who is
deputized pursuant to Section 35021.5 to a schoolsite to supplement
the duties of school police personnel pursuant to this section.
 It is the  intention   intent  of
the Legislature in enacting this section that a school district
security department is supplementary to city and county law
enforcement agencies and is not vested with general police powers.

   (b) The governing board of a school district may establish a
school police department under the supervision of a school chief of
police and, in accordance with Chapter 5 (commencing with Section
45100) of Part 25, may 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.  
   (b) 
    (c)  The governing board of a school district that
establishes a security department or a police department shall set
minimum qualifications of employment for the chief of security or
 school  chief of police, respectively, including, but not
limited to, prior employment as a peace officer or completion of
 any   a  peace officer training course
approved by the Commission on Peace Officer Standards and Training. A
chief of security or  school  chief of police shall comply
with the prior employment or training requirement set forth in this
subdivision as of January 1, 1993, or a date one year subsequent to
the initial employment of the chief of security or  school 
chief of police by the school district, whichever occurs later. This
subdivision shall not be construed to require the employment by a
school district of  any  additional personnel.