{"id":366,"date":"2022-03-20T09:41:39","date_gmt":"2022-03-20T09:41:39","guid":{"rendered":"https:\/\/crowdsourcelawyers.com\/statutes-california-laws\/?page_id=366"},"modified":"2022-05-20T23:45:44","modified_gmt":"2022-05-20T23:45:44","slug":"sb-919","status":"publish","type":"page","link":"https:\/\/crowdsourcelawyers.com\/california-statutes\/california-statutes\/sb-919\/","title":{"rendered":"SB 919"},"content":{"rendered":"<section  class='av_textblock_section av-av_textblock-e878f05c31dff72941bf1e49a00d9ff5 '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><p>Currrent as of February 4, 2022<\/p>\n<\/div><\/section>\n\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-l0z3am9k-7ed7a7a9356e533e1f3908c2cc3f9a95\">\n#top .av_textblock_section.av-l0z3am9k-7ed7a7a9356e533e1f3908c2cc3f9a95 .avia_textblock{\nfont-size:19px;\n}\n<\/style>\n<section  class='av_textblock_section av-l0z3am9k-7ed7a7a9356e533e1f3908c2cc3f9a95 '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><h1>Senate Bill No. 919<\/h1>\n<hr \/>\n<table>\n<tbody>\n<tr>\n<td>\n<p style=\"text-align: center\"><strong>Introduced\u00a0\u00a0by\u00a0\u00a0Senator Lieu<br \/>\n<\/strong><\/p>\n<\/td>\n<\/tr>\n<tr>\n<td>\n<p style=\"text-align: center\"><strong><br \/>\nFebruary\u00a018,\u00a02011<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p style=\"text-align: center\">An act to amend Sections 32261, 32265, 32270, and 48900 of the Education Code, relating to school safety.<\/p>\n<p style=\"text-align: center\">LEGISLATIVE COUNSEL&#8217;S DIGEST<\/p>\n<p>SB 919, as amended, Lieu. School Safety: sexting.<\/p>\n<p>(1)\u00a0Existing law, the Interagency School Safety Demonstration Act of 1985, establishes the School\/Law Enforcement Partnership, and requires the partnership to establish a statewide school safety cadre for the purpose of facilitating interagency coordination and collaboration to reduce school violence and crime, truancy rates, bullying, teen relationship violence, and discrimination and harassment. Existing law requires the partnership to sponsor at least 2 regional conferences to identify exemplary programs and techniques that have been effectively used to reduce school crime, including hate crimes, vandalism, drug and alcohol abuse, gang membership and gang violence, truancy, and excessive absenteeism. The conferences may include, but need not be limited to, information on specified topics.<\/p>\n<p>This bill would define sexting for purposes of that act as the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or school personnel\u00a0by means of an electronic act\u00a0with the intent to humiliate or harass.\u00a0A photograph or other visual recording to which the bill would apply would be required to depict a specified area of the minor\u2019s body or a sexually explicit photograph or other visual recording of an identifiable minor.\u00a0The bill would further define sexting to not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school sanctioned activities. The bill would require the partnership\u2019s school safety programs to also have the purpose of reducing sexting, and would include sexting as a topic that may be included in the partnership\u2019s conferences.<\/p>\n<p>(2)\u00a0Existing law prohibits the suspension of a pupil from school or the recommendation of a pupil for expulsion from school unless the school district superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed any of several specified acts.<\/p>\n<p>This bill would include engaging in an act of sexting, as defined above, as an act for which a pupil may be suspended or expelled from school.<\/p>\n<p>Vote:\u00a0majority\u00a0\u00a0\u00a0Appropriation:\u00a0no\u00a0\u00a0\u00a0Fiscal Committee:\u00a0yes\u00a0\u00a0\u00a0Local Program:\u00a0no<\/p>\n<hr \/>\n<p>THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:<\/p>\n<p><strong>SECTION 1.<\/strong><\/p>\n<p>(a)\u00a0The Legislature finds and declares all of the following:<\/p>\n<p>(1)\u00a0The phenomenon of disseminating sexually suggestive or explicit materials, known as sexting, has become a pervasive problem for many school districts.<\/p>\n<p>(2)\u00a0The State of California is committed to a safe and civil education environment for all pupils that is free from harassment, bullying, and inappropriate messages that sexualize young men and women and breaches their privacy.<\/p>\n<p>(3)\u00a0The intent of this act is to clarify and supplement existing law regarding administrators\u2019 and teachers\u2019 ability to address sexting in public schools.<\/p>\n<p>(4)\u00a0Pupils who are subjected to sexting may suffer long-term social, emotional, and psychological harms as a result of harassment and bullying.<\/p>\n<p>(5)\u00a0The public policy of the state is to reduce, and ultimately eliminate, sexting so all pupils can have a safe school environment.<\/p>\n<p>(b)\u00a0The Legislature encourages school districts to provide grade-level appropriate instruction, counseling, and other conflict resolution practices for pupils on the potential risks and consequences of creating and disseminating sexually suggestive or explicit materials through mobile telephones and other electronic devices.<\/p>\n<p>(c)\u00a0The Legislature encourages school districts to provide professional development training to school personnel and to adopt district policies to prevent and discourage sexting that can be shared with parents and children advocacy organizations or posted on the school district\u2019s Internet Web site.<\/p>\n<p><strong>SEC. 2.<\/strong><\/p>\n<p>Section 32261 of the Education Code is amended to read:<\/p>\n<p><strong>32261.<\/strong><\/p>\n<p>(a)\u00a0The Legislature hereby recognizes that all pupils enrolled in the state public schools have the inalienable right to attend classes on school campuses that are safe, secure, and peaceful. The Legislature also recognizes that pupils cannot fully benefit from an educational program unless they attend school on a regular basis. In addition, the Legislature further recognizes that school crime, vandalism, truancy, and excessive absenteeism are significant problems on far too many school campuses in the state.<\/p>\n<p>(b)\u00a0The Legislature hereby finds and declares that the establishment of an interagency coordination system is the most efficient and long-lasting means of resolving school and community problems of truancy and crime, including vandalism, drug and alcohol abuse, gang membership, gang violence, and hate crimes.<\/p>\n<p>(c)\u00a0It is the intent of the Legislature in enacting this chapter to support California public schools as they develop their mandated comprehensive safety plans that are the result of a systematic planning process, that include strategies aimed at the prevention of, and education about, potential incidents involving crime and violence on school campuses, and that address the safety concerns of local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, school police, and other school employees interested in the prevention of school crime and violence.<\/p>\n<p>(d)\u00a0It is the intent of the Legislature in enacting this chapter to encourage school districts, county offices of education, law enforcement agencies, and agencies serving youth to develop and implement interagency strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including vandalism, drug and alcohol abuse, gang membership, gang violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act, teen relationship violence, sexting, and discrimination and harassment, including, but not limited to, sexual harassment.<\/p>\n<p>(e)\u00a0It is the intent of the Legislature in enacting this chapter that the School\/Law Enforcement Partnership shall not duplicate any existing gang or drug and alcohol abuse program currently provided for schools.<\/p>\n<p>(f)\u00a0As used in this chapter, \u201cbullying\u201d means one or more acts by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4.<\/p>\n<p>(g)\u00a0As used in this chapter, an \u201celectronic act\u201d means the transmission of a communication, including, but not limited to, a message, text, sound, or image by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer, or pager.<\/p>\n<p>(h)\u00a0As used in this chapter, \u201csexting\u201d means the dissemination of a photograph or visual recording by a pupil as defined in subdivision (s) of Section 48900.<\/p>\n<p><strong>SEC. 3.<\/strong><\/p>\n<p>Section 32265 of the Education Code is amended to read:<\/p>\n<p><strong>32265.<\/strong><\/p>\n<p>(a)\u00a0The partnership shall sponsor at least two regional conferences for school districts, county offices of education, agencies serving youth, allied agencies, community-based organizations, and law enforcement agencies to identify exemplary programs and techniques that have been effectively used to reduce school crime, including hate crimes, vandalism, drug and alcohol abuse, gang membership and gang violence, truancy, and excessive absenteeism.<\/p>\n<p>(b)\u00a0The conference may include, but need not be limited to, information on all of the following topics:<\/p>\n<p>(1)\u00a0Interagency collaboration between schools, agencies serving youth, law enforcement agencies, and others.<\/p>\n<p>(2)\u00a0School attendance.<\/p>\n<p>(3)\u00a0School safety.<\/p>\n<p>(4)\u00a0Citizenship education.<\/p>\n<p>(5)\u00a0Drug and alcohol abuse.<\/p>\n<p>(6)\u00a0Child abuse prevention, detection, and reporting.<\/p>\n<p>(7)\u00a0Parental education.<\/p>\n<p>(8)\u00a0Crisis response training.<\/p>\n<p>(9)\u00a0Bullying prevention, including the prevention of acts committed personally or by means of an electronic act.<\/p>\n<p>(10)\u00a0Threat assessment.<\/p>\n<p>(11)\u00a0Conflict resolution and youth mediation.<\/p>\n<p>(12)\u00a0Teen relationship violence.<\/p>\n<p>(13)\u00a0Sexting.<\/p>\n<p>(14)\u00a0Discrimination and harassment reporting and prevention, including, but not limited to, sexual harassment reporting and prevention.<\/p>\n<p>(15)\u00a0Hate crime reporting and prevention.<\/p>\n<p>(16)\u00a0Reporting and prevention of abuse against pupils with disabilities.<\/p>\n<p><strong>SEC. 4.<\/strong><\/p>\n<p>Section 32270 of the Education Code is amended to read:<\/p>\n<p><strong>32270.<\/strong><\/p>\n<p>(a)\u00a0The partnership shall establish a statewide school safety cadre for the purpose of facilitating interagency coordination and collaboration among school districts, county offices of education, agencies serving youth, allied agencies, community-based organizations, and law enforcement agencies to improve school attendance, encourage good citizenship, and to reduce school violence, school crime, including hate crimes, vandalism, drug and alcohol abuse, gang membership and gang violence, truancy rates, bullying, including acts that are committed personally or by means of an electronic act, teen relationship violence, sexting, and discrimination and harassment, including, but not limited to, sexual harassment.<\/p>\n<p>(b)\u00a0The partnership may appoint up to 100 professionals from educational agencies, community-based organizations, allied agencies, and law enforcement to the statewide cadre.<\/p>\n<p>(c)\u00a0The partnership shall provide training to the statewide cadre representatives to enable them to initiate and maintain school community safety programs among school districts, county offices of education, agencies serving youth, allied agencies, community-based organizations, and law enforcement agencies in each region.<\/p>\n<p><strong>SEC. 5.<\/strong><\/p>\n<p>Section 48900 of the Education Code is amended to read:<\/p>\n<p><strong>48900.<\/strong><\/p>\n<p>A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (s), inclusive:<\/p>\n<p>(a)\u00a0(1)\u00a0Caused, attempted to cause, or threatened to cause physical injury to another person.<\/p>\n<p>(2)\u00a0Willfully used force or violence upon the person of another, except in self-defense.<\/p>\n<p>(b)\u00a0Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.<\/p>\n<p>(c)\u00a0Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.<\/p>\n<p>(d)\u00a0Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.<\/p>\n<p>(e)\u00a0Committed or attempted to commit robbery or extortion.<\/p>\n<p>(f)\u00a0Caused or attempted to cause damage to school property or private property.<\/p>\n<p>(g)\u00a0Stolen or attempted to steal school property or private property.<\/p>\n<p>(h)\u00a0Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products.<\/p>\n<p>(i)\u00a0Committed an obscene act or engaged in habitual profanity or vulgarity.<\/p>\n<p>(j)\u00a0Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.<\/p>\n<p>(k)\u00a0Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.<\/p>\n<p>(l)\u00a0Knowingly received stolen school property or private property.<\/p>\n<p>(m)\u00a0Possessed an imitation firearm. As used in this section, \u201cimitation firearm\u201d means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.<\/p>\n<p>(n)\u00a0Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.<\/p>\n<p>(o)\u00a0Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.<\/p>\n<p>(p)\u00a0Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.<\/p>\n<p>(q)\u00a0Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, \u201chazing\u201d means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, \u201chazing\u201d does not include athletic events or school-sanctioned events.<\/p>\n<p>(r)\u00a0Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.<\/p>\n<p>(s)\u00a0(1)\u00a0Engaged in an act of sexting.<\/p>\n<p>(2)\u00a0For purposes of this subdivision, \u201csexting\u201d means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel\u00a0by means of an electronic act\u00a0with the intent to humiliate or harass.\u00a0A photograph or other visual recording, as described above, shall include the depiction of any of the following:<\/p>\n<p>(A)\u00a0A minor\u2019s exposed or visible genitals, pubic area, or rectal area, or the nipple or areola of a minor female\u2019s breast.<\/p>\n<p>(B)\u00a0A sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph or visual recording or the electronic act.<\/p>\n<p>(3)\u00a0For purposes of this subdivision, \u201csexting\u201d does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school sanctioned activities.<\/p>\n<p>(t)\u00a0A pupil shall not be suspended or expelled for any of the acts enumerated in this section, unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:<\/p>\n<p>(1)\u00a0While on school grounds.<\/p>\n<p>(2)\u00a0While going to or coming from school.<\/p>\n<p>(3)\u00a0During the lunch period whether on or off the campus.<\/p>\n<p>(4)\u00a0During, or while going to or coming from, a school sponsored activity.<\/p>\n<p>(u)\u00a0A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).<\/p>\n<p>(v)\u00a0As used in this section, \u201cschool property\u201d includes, but is not limited to, electronic files and databases.<\/p>\n<p>(w)\u00a0A superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this section.<\/p>\n<p>(x)\u00a0It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.<\/p>\n<hr \/>\n<p>SB 919<\/p>\n<\/div><\/section>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":3,"featured_media":0,"parent":2019,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-366","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - 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