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

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Date Published: 01/17/2017 08:55 PM
AB173:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 173


Introduced by Assembly Member Jones-Sawyer

January 17, 2017


An act to add Article 6 (commencing with Section 32296) to Chapter 2.5 of Part 19 of Division 1 of Title 1 of the Education Code, relating to school safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 173, as introduced, Jones-Sawyer. School safety: peace officer interactions with pupils.
Existing law, the Interagency School Safety Demonstration Act of 1985, requires school districts and county offices of education to be responsible for the overall development of comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. The act establishes the School/Law Enforcement Partnership, comprised of the Superintendent of Public Instruction and the Attorney General, whose duties include, among others, the development of programs and policies necessary to implement the provisions of the Education Code relating to school safety plans.
This bill would require the governing board of a school district to adopt policies mandating proper protection of pupils’ rights in interactions with peace officers, including, but not limited to, that school staff not call a peace officer to arrest, discipline, or otherwise interact with a pupil for a violation of school rules and that school staff exhaust all alternatives before involving a peace officer for low-level misconduct. The bill would require a school district to collect and publicly report comprehensive data regarding peace officer interactions with pupils and to have a procedure through which pupils and community members can complain about misconduct relating to peace officer interactions with pupils. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
The bill would impose specified requirements on a peace officer, including, but not limited to, that when deployed to a school campus to question or arrest a pupil, the peace officer immediately notify the principal, identify himself or herself, show proper credentials, and provide the legal authority for his or her actions. The bill would prohibit, unless certain conditions are met, a peace officer from questioning or arresting a pupil on a school campus during school hours absent a real and immediate physical threat to pupils, teachers, or public safety. By imposing additional duties on local law enforcement agencies, the bill would impose a state-mandated local program.
Existing law authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and to employ peace officers.
This bill would, for purposes of its provisions, exclude from the definition of “peace officer” a person employed as a member of a police department of a school district and a peace officer employed by a K–12 public school district.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 6 (commencing with Section 32296) is added to Chapter 2.5 of Part 19 of Division 1 of Title 1 of the Education Code, to read:
Article  6. Peace Officer Interactions with Pupils

32296.
 (a) It is the intent of the Legislature in enacting this article to define roles and establish procedures for peace officer interactions with pupils on school premises.
(b) For purposes of this article, “peace officer” has the same meaning as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, except that it does not include a person employed as a member of a police department of a school district or a peace officer employed by a K–12 public school district, as described in subdivisions (b) and (c) of Section 830.32 of the Penal Code.

32297.
 The governing board of a school district shall adopt policies mandating proper protection of pupils’ rights in all interactions with peace officers, including, but not limited to, both of the following, which shall be prioritized:
(a) School staff shall not call a peace officer to arrest, discipline, or otherwise interact with a pupil for a violation of school rules, including, but not limited to, any of the following:
(1) Failure to participate in class or unpreparedness for class.
(2) Failure to carry a hall pass or appropriate identification.
(3) Trespassing.
(4) Loitering.
(5) Profanity.
(6) Inappropriate public displays of affection.
(7) Failure to wear or correctly wear a school uniform or follow policies regarding clothing.
(8) Possession of a prohibited item that does not violate the Penal Code, including, but not limited to, a cell phone or marker.
(9) Inappropriate use of an electronic device.
(10) Insubordination or defiance.
(11) Disorderly conduct.
(12) Verbal altercations, abuse, or harassment.
(13) Altercations, abuse, or harassment over the Internet.
(14) Physical altercations that do not involve a weapon.
(15) Vandalism or graffiti.
(16) Being late, cutting class, absenteeism, or truancy.
(17) Perceived drunkenness or intoxication.
(18) Possession of alcohol.
(19) Possession of a tool that could be taken to be, but is not intended as, a weapon, including, but not limited to, a nail clipper or file, small penknife, butter knife, toy gun, or pepper spray. This paragraph does not include an item that is brandished as a weapon.
(20) Alleged or witnessed promoting or claiming of a neighborhood or crew, including, but not limited to, verbally or through graffiti, clothing, or hand signs.
(b) School staff shall exhaust all alternatives before involving a peace officer for low-level misconduct, including, but not limited to, any of the following:
(1) Battery.
(2) Battery on school property.
(3) Battery against school staff.
(4) Disturbing the peace or a similar offense that causes a disturbance.
(5) Possession of marijuana for personal use.

32298.
 (a) A peace officer shall, when deployed to a school campus to question or arrest a pupil, immediately notify the principal, identify himself or herself, show proper credentials, and provide the legal authority for his or her actions.
(b) A peace officer shall not question a pupil on a school campus during school hours absent a real and immediate physical threat to pupils, teachers, or public safety. When these limited circumstances necessitate that a peace officer question a pupil on campus, the peace officer shall do all of the following:
(1) Show a legal warrant.
(2) Consult with the principal, explain the reason for the questioning and the reason the questioning must be done at school, and obtain consent before proceeding.
(3) Conduct the questioning in a private location outside of instructional time.
(4) Immediately notify the pupil’s parent or guardian, and ask and obtain the parent or guardian’s consent before questioning the pupil.
(5) Advise the pupil of his or her constitutional rights, including the right to remain silent, and explain that anything the pupil says can be used against him or her.
(6) Allow the pupil to have his or her parent or guardian, or, if the parent or guardian is unavailable or if the pupil prefers, a school employee of the pupil’s choosing, present during questioning.
(c) A peace officer shall not arrest a pupil on a school campus during school hours absent a real and immediate physical threat to pupils, teachers, or public safety. When these limited circumstances necessitate that a peace officer arrest a pupil on campus, the peace officer shall do all of the following:
(1) Have a legal warrant.
(2) Consult with the principal and explain the reason for the arrest.
(3) Conduct the arrest in a private location.
(4) Advise the pupil of his or her constitutional rights, including the right to remain silent and the right to an attorney, and explain to the pupil that anything he or she says can be used against him or her.
(5) Immediately notify the pupil’s parent or guardian. School staff shall also immediately notify the pupil’s parent or guardian upon the arrest, as required by Section 48906.

32299.
 (a) A school district shall collect comprehensive data regarding peace officer interactions with pupils. A school district shall publicly report that data at least two times, and not more than four times, a year, disaggregated by race, sex, English learner status, and disability status.
(b) A school district shall have a comprehensive, easily understood, and well publicized procedure through which pupils and community members can complain about school staff or peace officer misconduct relating to peace officer interactions with pupils.

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.