Bill Text: CA AB1558 | 2023-2024 | Regular Session | Introduced
Bill Title: Postsecondary education: safety: credible threats.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1558 Detail]
Download: California-2023-AB1558-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1558
| Introduced by Assembly Member Gallagher |
February 17, 2023 |
An act to add Section 67387 to the Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1558, as introduced, Gallagher.
Postsecondary education: safety: credible threats.
Existing law requires the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the College of the Law, San Francisco, the Regents of the University of California, and the governing boards of postsecondary educational institutions receiving public funds for student financial assistance to require the appropriate officials at each campus to compile records of specified crimes and noncriminal acts reported to campus police, campus security personnel, campus safety authorities, or designated campus authorities.
This bill would require each campus of the California Community Colleges and the California State University, and request each campus of the University of California, to take action after receiving a credible threat to student, faculty, or staff safety. The bill would
require each campus after receiving a threat to student, faculty or staff safety to determine, through a third-party risk assessment, whether the threat is credible, as specified. The bill would require the campus, if the campus determines the threat is credible, to determine whether the individual poses an immediate threat to the physical health or safety of any student, or other individual on campus, which justifies their removal from campus. The bill would authorize a campus to impose interim measures to ensure school and student safety, as specified.
By imposing new duties on community college districts the bill would create a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 67387 is added to the Education Code, to read:67387.
(a) Each campus of the California Community Colleges and the California State University is required, and each campus of the University of California is requested, to take action after receiving a credible threat to student, faculty, or staff safety.(b) (1) After receiving a threat to student, faculty, or staff safety each campus shall determine, through a third-party risk assessment, whether the threat is credible.
(2) For purposes of this section a credible threat includes, but is not limited to, all of the following:
(A) Making a criminal threat, as described in Section 422 of the Penal
Code.
(B) Threatening to bring, or actually bringing, a weapon on campus.
(C) Lewd acts by faculty or staff in academic buildings.
(3) When making the determination if there is a credible threat no conviction is required.
(4) Any substantiated credible threat shall be included in the student or personnel file of the individual who made the threat.
(c) (1) If the campus determines that the threat is credible pursuant to subdivision (b), the campus shall determine whether the individual poses an immediate threat to the physical health or safety of any student, or other individual on campus, which justifies their removal from campus.
(2) If the individual is not removed from campus pursuant to paragraph (1), the campus may use interim measures, when appropriate, to ensure school and student safety. Interim measures include counseling, extensions of time or other course-related adjustments, modifications of work or class schedules, campus escort services, restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of campus, and other similar accommodations.
