Bill Text: CA AB2478 | 2009-2010 | Regular Session | Amended

California Assembly Bill 2478 (Prior Session Legislation)

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

Bill Title: School safety: disruption threatening pupil's immediate

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB2478 Detail]

Download: California-2009-AB2478-Amended.html

BILL NUMBER: AB 2478	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Mendoza

                        FEBRUARY 19, 2010

   An act to amend Section 626.8 of the Penal Code, relating to
school safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2478, as amended, Mendoza. School safety:  disruptive
messages.   disruption threatening pupil's immediate
physical sa   fety. 
   (1) Existing law provides that a person who comes into any school
building or upon any school ground, or adjacent street, sidewalk, or
public way, whose presence or acts interfere with or disrupt a school
activity, without lawful business, or who remains after having been
asked to leave, as specified, is guilty of a public offense. 
"School" is defined to mean any preschool or public or private school
having kindergarten or any of grades 1 to 12, inclusive. 
   This bill would expand this provision to also apply to any person
who comes into any school building or upon any school ground, or
adjacent street, sidewalk, or public way, and  conveys
disruptive messages where the   willfully or knowingly
creates a  disruption  threatens   with the
intent to threaten  the  immediate  physical safety of
 school children in preschool, elementary school, or middle
school while they are coming to, leaving from, or attending school
  any pupil arriving at, attending, or leaving any
preschool or public or private school having kindergarten or any of
grades 1 to 8, inclusive  . Because this bill would expand the
definition of an existing public offense, it would create a
state-mandated local program. 
   (2) Existing law provides an exclusionary clause to the provision
that provides that the provision shall not be utilized to impinge
upon the lawful exercise of constitutionally protected rights of
freedom of speech or assembly.  
   This bill would revise the exlusionary clause to instead provide
that the provision shall not apply to any person who engages in
activities protected by the California Constitution or the United
States Constitution.  
   (3) 
    (2)  The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 626.8 of the Penal Code is amended to read:
   626.8.  (a) Any person who comes into any school building or upon
any school ground, or street, sidewalk, or public way adjacent
thereto, without lawful business thereon, and whose presence or acts
interfere with the peaceful conduct of the activities of the school
or disrupt the school or its pupils or school activities, is guilty
of a misdemeanor if he or she does any of the following:
   (1) Remains there after being asked to leave by the chief
administrative official of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, or sheriff or deputy
sheriff, or a Department of the California Highway Patrol peace
officer.
   (2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1).
   (3) Has otherwise established a continued pattern of unauthorized
entry. 
   (4) Conveys disruptive messages where the disruption threatens the
physical safety of school children in preschool, elementary school,
or middle school while they are coming to, leaving from, or attending
school.  
   This section shall not apply to any person who engages in
activities protected by the California Constitution or the United
States Constitution.  
   (4) Willfully or knowingly creates a disruption with the intent to
threaten the immediate physical safety of any pupil arriving at,
attending, or leaving school.  
   (5) For the purposes of this subdivision, "school" means any
preschool or public or private school having kindergarten or any of
grades 1 to 8, inclusive. 
   (b) Punishment for violation of this section shall be as follows:
   (1) Upon a first conviction by a fine not exceeding five hundred
dollars ($500), by imprisonment in a county jail for a period of not
more than six months, or by both that fine and imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in a county jail for a period of not less than 10 days
or more than six months, or by both imprisonment and a fine not
exceeding five hundred dollars ($500), and shall not be released on
probation, parole, or any other basis until he or she has served not
less than 10 days.
   (3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in a county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine not exceeding five hundred dollars ($500), and shall not
be released on probation, parole, or any other basis until he or she
has served not less than 90 days.
   (c) As used in this section, the following definitions apply:
   (1) "Lawful business" means a reason for being present upon school
property which is not otherwise prohibited by statute, by ordinance,
or by any regulation adopted pursuant to statute or ordinance.
   (2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same school year the defendant came
into any school building or upon any school ground, or street,
sidewalk, or public way adjacent thereto, without lawful business
thereon, and his or her presence or acts interfered with the peaceful
conduct of the activities of the school or disrupted the school or
its pupils or school activities, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
   (3)  "School"   Except as provided in
paragraph (4) of subdivision (a), "school"  means any preschool
or public or private school having kindergarten or any of grades 1 to
12, inclusive.
   (d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place within seven
days he or she will be guilty of a crime. 
   (e) This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of speech or assembly.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.