Today's Law As Amended

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AB-173 School safety: peace officer interactions with pupils and nonpupils.(2017-2018)



SECTION 1.

 Section 38008 is added to the Education Code, to read:

38008.
 (a) (1) On and after January 1, 2019, the governing board of each school district identified in subdivision (b) shall require the chief of the applicable law enforcement agency to provide data, in accordance with subdivisions (c) and (d), on law enforcement interactions with pupils and nonpupils on a monthly basis.
(2) The governing board of a school district shall forward the monthly report to the Attorney General within 30 days of receipt from the reporting law enforcement agency.
(3) On or before December 31, 2019, and each year thereafter, the governing board of a school district shall present an annual report based on the monthly reports from the prior academic year during an open session of a regularly scheduled public meeting of the governing board of the school district.
(b) This section applies to a school district that does one or more of the following:
(1) Establishes a school police department pursuant to Section 38000.
(2) Contracts with or employs peace officers to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district.
(3) Permits a city or county law enforcement agency to directly assign peace officers or school resource officers to one or more of its schoolsites.
(c) The monthly report provided to the governing board of a school district pursuant to paragraph (1) of subdivision (a) shall include data showing all of the following within the law enforcement agency’s jurisdiction, disaggregated by schoolsite and offense:
(1) Schoolsite crime incidents reported to, or observed by, a peace officer assigned to a schoolsite.
(2) The data specified in subdivision (d) for all stops made at a schoolsite, including stops of pupils and nonpupils, in accordance with the data collection and reporting requirements of the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) and its implementing regulations.
(3) The number of times peace officers were called to a schoolsite for matters related to school discipline or minor incidents that did not pose a safety or security risk.
(4) The number of times peace officers contacted pupils not at the schoolsite for matters pertaining to school-related incidents.
(5) (A) The number of complaints against peace officers, disaggregated by the number of complaints lodged against individual peace officers, who shall be identified by the peace officer’s badge number or unique identifying number. The total number of complaints against peace officers shall be further disaggregated by the complaints specifically alleging any of the following:
(i) Injuries or use of excessive force.
(ii) Racial or identity profiling. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as profiling based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
(B) For each category of complaint identified in subparagraph (A), the statistics reported shall provide the number of complaints within each of the following disposition categories:
(i) “Sustained,” which means that the investigation disclosed sufficient evidence to prove the truth of the allegation in the complaint by a preponderance of the evidence.
(ii) “Exonerated,” which means that the investigation clearly established that the actions of the peace officer that formed the basis of the complaint are not a violation of law or agency policy.
(iii) “Not sustained,” which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.
(iv) “Unfounded,” which means that the investigation clearly established that the allegation is not true.
(d) The monthly report provided to the governing board of a school district pursuant to paragraph (1) of subdivision (a) shall include, at a minimum, the following information for each stop reported pursuant to paragraph (2) of subdivision (c):
(1) The time, date, and location of the stop.
(2) The reason for the presence of law enforcement at the scene of the stop, such as assignment or call for service.
(3) The reason for the stop.
(4) The result of the stop.
(5) If a warning or citation was issued, the warning provided or violation cited.
(6) If an arrest was made, the offense charged.
(7) Actions taken during the stop, including whether the peace officer handcuffed or restrained a person or used force during the stop.
(8) The perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to the driver, unless any actions specified under paragraph (9) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for the passenger.
(9) Actions taken by the peace officer during the stop, including, but not limited to, the following:
(A) Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided.
(B) Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any.
(C) Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property.
(e) (1) If more than one peace officer performs a stop, only one officer is required to collect and report to his or her agency the information specified in subdivision (c).
(2) The law enforcement agency responsible for providing the monthly report to the governing board of a school district shall not report the name, address, social security number, or other unique personal identifying information of persons stopped, searched, or subjected to a property seizure. Notwithstanding any other law, the data reported shall be made available to the public through the standard process of the governing board of the school district and on the school district’s Internet Web site, except for the badge number or other unique identifying information of the peace officer involved, which shall be released to the public only to the extent that the release is permissible under state law.
(3) All collection and reporting of stop data pursuant to this section shall be undertaken in accordance with the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) and its implementing regulations, including the data elements and data values established in those regulations. In addition, the following additional data values for the identified data elements below shall be provided, if applicable:
(A) When reporting the “location of stop” data element pursuant to paragraph (1) of subdivision (d), the peace officer shall provide the name of the school and specify whether the person stopped was a pupil. The peace officer shall also identify a description of the location of the stop, such as a hallway, classroom, schoolsite grounds, or cafeteria.
(B) When reporting the “reason for stop” data element pursuant to paragraph (3) of subdivision (d), the peace officer shall select all of the following additional data values, as applicable:
(i) Investigation to determine whether the pupil violated school policy not otherwise covered by or enumerated in subclause (iii).
(ii) Investigation to determine unauthorized presence on campus.
(iii) Investigation to determine whether the pupil stopped was engaged in conduct warranting discipline under Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7.
(iv) Investigation to determine whether the pupil stopped was engaged in other unlawful conduct.
(C) When reporting the “basis for search” data element pursuant to subparagraph (B) of paragraph (9) of subdivision (d), the peace officer shall select the following additional data values, if applicable:
(i) Suspected violation of school policy.
(ii) Suspected conduct warranting discipline under Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7.
(D) When reporting the “basis for property seizure” data element pursuant to subparagraph (C) of paragraph (9) of subdivision (d), the peace officer shall select the following additional data values, if applicable:
(i) Suspected violation of school policy.
(ii) Suspected conduct warranting discipline under Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7.
(E) When reporting the “result of stop” data element pursuant to paragraph (4) of subdivision (d), the peace officer shall select the following additional data values, if applicable:
(i) Referral to a school administrator.
(ii) Referral to a school counselor.
(iii) Referral to a nonschool agency or organization, such as a mental health service provider.
(iv) Verbal or written warning.
(v) Citation.
(vi) Detainment.
(vii) Arrest.
(4) All data and reports made pursuant to this section are public records within the meaning of subdivision (e) of Section 6252 of the Government Code, and are open to public inspection pursuant to Sections 6253 and 6258 of the Government Code.
(5) The data described in subdivisions (c) and (d) are the minimum that a reporting law enforcement agency shall be required to collect and report to the governing board of a school district. Nothing in this section prohibits a law enforcement agency from voluntarily collecting additional data.
(f) For purposes of this section, the following terms have the following meanings:
(1) “Data element” means a category of information the reporting peace officer reports regarding a stop.
(2) “Data value” means a component or characteristic of a data element to be used in reporting each data element.
(3) “Law enforcement agency” means a school police department established pursuant to Section 38000 or a city or county law enforcement agency or individual that provides security or law enforcement services to a school district or a schoolsite.
(4) “Peace officer” means an individual who is a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code or school resource officer as defined by Section 3796dd-8(4) of Title 42 of the United States Code, and who is employed by, contracts with, or is assigned to a schoolsite governed by a school district maintaining kindergarten or any of grades 1 to 12, inclusive.
(5) “Pupil” means a person who is enrolled in kindergarten or any of grades 1 to 12, inclusive, at a public school.
(6) “Stop” means the detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control. For purposes of this section, “stop” also includes the following interactions between peace officers and pupils:
(A) An interaction that results in taking temporary custody of the pupil under Section 625 or 5150 of the Welfare and Institutions Code, citation, arrest, permanent seizure of property as evidence of a criminal offense, or referral to a school administrator because of suspected criminal activity.
(B) An interaction in which the pupil is being questioned for the purpose of investigating whether the pupil committed a violation of law.
(C) An interaction in which the pupil is being questioned for purposes of investigating to determine whether the pupil violated Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7.
(7) “School-related incident” means a criminal incident occurring or originating at a school district schoolsite during hours the schoolsite is regularly open to the public or pupils for school-related business.
(8) “Schoolsite” means a facility used for kindergarten, elementary school, or secondary school purposes and includes buildings or structures, playgrounds, athletic fields, or any other area of school property visited or used by pupils. When a peace officer provides safety and security services for a school-sponsored event, “schoolsite” also includes a location where the school-sponsored event is being held for the duration of the event.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.