Bill Text: CA SB596 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: School employees: protection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-01-25 - Veto sustained. [SB596 Detail]

Download: California-2023-SB596-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 596

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Introduced by Senator Portantino

February 15, 2023

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An act to amend Section 44811 of the Education Code, relating to school employees.

LEGISLATIVE COUNSEL'S DIGEST

SB 596, as introduced, Portantino. School employees: protection.

Existing law provides that any parent, guardian, or other person whose conduct in a place where a school employee is required to be in the course of the employee’s duties materially disrupts classwork or extracurricular activities or involves substantial disorder is guilty of a misdemeanor punishable by a fine of not less than $500, nor more than $1,000, or by imprisonment in a county jail not exceeding one year, or by both imprisonment and the fine. Existing law provides for certain minimum periods of imprisonment in a county jail for subsequent convictions for the above-described offenses, as specified.

This bill would provide that any parent, guardian, or other person who interferes, as specified, with a school employee’s daily life away from a schoolsite or after school hours for reasons related to the employee’s course of duties is guilty of a misdemeanor punishable as for the offense described above. By defining a new crime, this bill would impose 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 no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 44811 of the Education Code is amended to read:

44811.

 (a) Any parent, guardian, or other person whose conduct in a place where a school employee is required to be in the course of his or her the employee’s duties materially disrupts classwork or extracurricular activities or involves substantial disorder is guilty of a misdemeanor.

(b) Any parent, guardian, or other person who interferes, such as through threats, harassment, or similar conduct, with a school employee’s daily life away from a schoolsite or after school hours for reasons related to the employee’s course of duties, including, but not limited to, instruction pursuant to Sections 51204.5 and 51930, is guilty of a misdemeanor.

(b)

(c) A violation of subdivision (a) or (b) shall be punished as follows:

(1) Upon the first conviction, by a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment.

(2) Upon a second conviction, by imprisonment in a county jail for a period of not less than 10 days, and not more than one year, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000). The defendant shall not be released on probation, or for any other basis until he or she the defendant has served not less than 10 days in a county jail.

(3) Upon a third or subsequent conviction, by imprisonment in a county jail for a period of not less than 90 days, and not more than one year, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000). The defendant shall not be released on probation, or for any other basis until he or she the defendant has served not less than 90 days in a county jail.

(4) Upon a showing of good cause, the court may find that for any mandatory minimum imprisonment specified by paragraph (2) or (3) of this subdivision, the imprisonment shall not be imposed, and the court may grant probation, or the suspension of the execution or imposition of the sentence.

(c)

(d) This section shall not apply to any otherwise lawful employee concerted activity, including, but not limited to, picketing and the distribution of handbills.

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.