Enrolled  September 14, 2023
Passed  IN  Senate  September 12, 2023
Passed  IN  Assembly  September 11, 2023
Amended  IN  Assembly  September 07, 2023
Amended  IN  Assembly  July 03, 2023
Amended  IN  Senate  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 596

Introduced by Senator Portantino

February 15, 2023

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


LEGISLATIVE COUNSEL'S DIGEST


SB 596, 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 2nd and subsequent convictions for the above-described offenses, and prohibits release on any basis until those minimum periods are served, as specified.
This bill would apply these misdemeanors to any adult instead of a parent, guardian, or other person and would eliminate the prohibition on release prior to the minimum period of incarceration applicable to a 2nd conviction, as provided. This bill would specify, for purposes of the above-described offense, that “substantial disorder” includes substantial disorder at any meeting of the governing board of a school district, the governing body of a charter school, a county board of education, or the State Board of Education. To the extent the bill expands the scope of an existing crime, the bill would impose a state-mandated local program.
This bill would provide that any adult who subjects a school employee, as defined, to harassment or makes a credible threat against the employee or the employee’s family, while the employee is away from a schoolsite or after school hours, for reasons related to the employee’s course of duties is guilty of a misdemeanor. The bill would define harassment and credible threat for these purposes. By creating a new crime, this bill would impose a state-mandated local program.
This bill would provide that the misdemeanors discussed above do not apply to the conduct of a pupil who is an individual with exceptional needs if it is determined that the pupil’s conduct was caused by, or had a direct and substantial relationship to, the pupil’s disability.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 adult whose conduct in a place where a school employee is required to be in the course of the school employee’s duties materially disrupts classwork or extracurricular activities or involves substantial disorder, including substantial disorder at any meeting of the governing board of a school district, the governing body of a charter school, a county board of education, or the state board, is guilty of a misdemeanor.
(b) Any adult who subjects a school employee to harassment or makes a credible threat against the school employee or member of the school employee’s family, while the school employee is away from a schoolsite or after school hours, for reasons related to the school employee’s course of duties, including, but not limited to, instruction pursuant to Sections 51204.5 and 51930, is guilty of a misdemeanor.
(c) For purposes of this section, the following definitions apply:
(1) “Course of conduct” means a pattern of conduct composed of two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”
(2) “Harassment” means a knowing and willful course of conduct directed at a specific person that seriously alarms, torments, or terrorizes the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
(3) “Credible threat” means a verbal, written, or electronic communication, a communication implied by a pattern of conduct, or a combination of a verbal, written, or electronic communication and conduct, made with the specific intent to place the person that is the target of the communication in reasonable fear for their safety or the safety of their family, that, on its face and under the circumstances in which it is made, expresses serious intent to commit an act of unlawful violence, and is made by an individual that possesses the apparent ability to carry out the act so as to cause the person who is the target of the communication to reasonably be in a sustained state of fear for their safety or the safety of their family. A credible threat does not require the individual making the communication to actually carry out the act. Constitutionally protected activity is not included within the meaning of “credible threat.”
(4) “School employee” means any employee or official of a school district, a charter school, a county office of education, a county board of education, the state board, or the department.
(d) A violation of subdivision (a) 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).
(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 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.
(e) This section shall not apply to any otherwise lawful employee concerted activity, including, but not limited to, picketing and the distribution of handbills.
(f) This section shall not apply to the conduct of a pupil who is an individual with exceptional needs pursuant to subdivision (a) of Section 56026 if it is determined that the pupil’s conduct was caused by, or had a direct and substantial relationship to, the pupil’s disability.

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.