Chapter 1.1 - Access to School Premises

California Penal Code — §§ 627-627.10

Sections (3)

Amended by Stats. 1984, Ch. 395, Sec. 1.

(a)The Legislature finds the following:
(1)Violent crimes perpetrated on public school grounds interfere with the education of students and threaten the health and safety of teachers, other employees, and students.
(2)Many serious crimes of violence are committed on school grounds by persons who are neither students nor school employees and who are not otherwise authorized to be present on school grounds.
(3)School officials and law enforcement officers, in seeking to control these persons, have been hindered by the lack of effective legislation restricting the access of unauthorized persons to school grounds and providing appropriate criminal sanctions for unauthorized entry.
(b)The Legislature declares that the purpose of this chapter is to safeguard the teachers, other employees, students, and property of public schools. The Legislature recognizes the right to visit school grounds for legitimate nonviolent purposes and does not intend by this enactment to interfere with the exercise of that right.
(c)The Legislature finds and declares that a disproportionate share of crimes committed on school campuses are committed by persons who are neither students, school officials, or staff, and who have no lawful business on the school grounds.

It is the intent of the Legislature in enacting this chapter to promote the safety and security of the public schools by restricting and conditioning the access of unauthorized persons to school campuses and to thereby implement the provisions of Section 28 of Article 1 of the California Constitution which guarantee all students and staff the inalienable constitutional right to attend safe, secure, and peaceful public schools. It is also the intent of the Legislature that the provisions of this chapter shall not be construed to infringe upon the legitimate exercise of constitutionally protected rights of freedom of speech and expression which may be expressed through rallies, demonstrations, and other forms of expression which may be appropriately engaged in by students and nonstudents in a campus setting.

Added by Stats. 1982, Ch. 76, Sec. 1. Effective March 1, 1982.

As used in this chapter, with regard to a public school:

(a)An “outsider” is any person other than:
(1)A student of the school; except that a student who is currently suspended from the school shall be deemed an outsider for purposes of this chapter.
(2)A parent or guardian of a student of the school.
(3)An officer or employee of the school district that maintains the school.
(4)A public employee whose employment requires him or her to be on school grounds, or any person who is on school grounds at the request of the school.
(5)A representative of a school employee organization who is engaged in activities related to the representation of school employees.
(6)An elected public official.
(7)A person who comes within the provisions of Section 1070 of the Evidence Code by virtue of his or her current employment or occupation.
(b)“School grounds” are the buildings and grounds of the public school.
(c)“School hours” extend from one hour before classes begin until one hour after classes end.
(d)“Principal” is the chief administrative officer of the public school.
(e)“Designee” is a person whom the principal has authorized to register outsiders pursuant to this chapter.
(f)“Superintendent” is the superintendent of the school district that maintains the school or a person (other than the principal or someone employed under the principal’s supervision) who the superintendent has authorized to conduct hearings pursuant to Section 627.5.

Added by Stats. 1982, Ch. 76, Sec. 1. Effective March 1, 1982.

A person whose presence or conduct on school grounds violates another provision of law may be punished for that violation, regardless of whether he or she was registered pursuant to this chapter at the time of the violation; but no punishment shall be imposed contrary to Section 654.