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

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

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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

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BILL NUMBER: AB 2368	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2012
	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 expresses the
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
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. It is the 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.
   (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 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 additional personnel. 
   (d) 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.