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HomeMy WebLinkAbout12 SENATE BILL 660 09-06-05 AGENDA REPORT Agenda Item Reviewed: City Manager Mt Finance Director ~ MEETING DATE: SEPTEMBER 6, 2005 TO: WilLIAM HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: LEGISLATIVE REPORT - SENATE BILL 660 = SUMMARY: Formalize the City Council's opposition to Senate Bill 660 which would dramatically restrict tne ability of police officers to question juvenile victims, witnesses and suspects On school grounds. RECOMMENDATION: That the City Council take a position opposing SB 660 (Kuehl). FISCAL IMPACT: There is nO fiscal impact to the City. BACKGROUND: Senate Bill 660, as introduced by Senator Kuehl, would prevent law enforcement officers from questioning certain students until parental consent had been first sought. For some students, the bill mandates that a parent or guardian be present during questioning, or requires that a school official be present if the parent is unavailable. This bill also requires the school official to inform the parent of the nature of the questioning, and allows the school official to disclose the questioning to any other school official and perhaps even the public. This bill would discourage minor victims from reporting certain offenses at the school level. A major factor in the success of the School Resource Officer program rests in the ability of the SRO to promptly address offenses brought to their attention and to prevent minor incidents from escalating Into major crimes. This bill would create unnecessary delays and obstructs prompt resolution of such matters. The impact of SB 660 will be to prevent preliminary questioning that could actually lead to the discovery of serious criminal activity. The barriers to questioning created by the bill unnecessarily formalize the relationship between students and School Resource Officers and would inevitably erode the officers' ability to prevent trouble before it occurs. Certain child molestation investigations could be jeopardized. The exemption for investigations involving child molestation cases is so narrow as to be almost meaningless. Experience has shown that it is extremely difficult for sexually abused children to disclose what someone has done to them. Because the bill permits a parent to be summoned to the interview of the victim, a parent who doesn't want to believe the accusations of their child that they have been molested by a parent, relative or family friend could simply prevent an officer from conducting an interview. Persons who are the subject of criminal investigations could be present during questioning of the victim. Under SB 660, it is entirely possible that the person responsible for the criminal act against a minor could be the parent or guardian required to be notified by the school officiai of the interview. An offender would be able to prevent or interfere with the interview, destroy evidence, or otherwise evade accountability. Suppression of criminai gang activity could be hindered. Many street gangs are known to be multi-generational. Officers questioning a student about gang activity On campus would have difficulty in obtaining information in cases where the parents are themselves gang members or affiliates. Their presence at the interview would almost certainly hinder the investigation of this type of criminal activity. Senate Bill 660 will make our schools less safe, will discourage young victims from coming forward, and will significantly undermine law enforcement's ability to investigate criminal activity. Please join law enforcement and school officials in our opposition to this bill. ~) tXÌJ ()1 4Na'11 SCOTT JO~~AN Chief of Police AMENDED IN ASSEMBLY AUGUST 25,2005 SENATE BILL No. 660 Introduced by Senator Kuehl (Coauthors: Senators Alquist and Romero) (Coauthors: Assembly Members De Vore and Leno) February 22, 2005 An act to add Section 48906.5 to the Education Code, relating to public schools. LEGISLATIVE COUNSEL'S DIGEST SB 660, as amended, Kuehl. Public school pupils: interrogation. Existing law, with certain exceptions, requires a principal or other school official to immediately notify a pupil's parent-ffl', guardian, or responsible relative if the official releases a pupil to a peace officer for the purpose ofremoving the pupil from the school premises. This bill, with certain exceptions, would require the principal of a school to take immediate steps to seek the consent of the parent-ffl', guardian, or reponsible relative of an elementary school pupil prior to making the pupil available to a peace officer for questioning, and with certain exceptions, would prohibit making the pupil available for questioning if the parent-ffl', guardian, or reponsible relative requests that the pupil not be questioned until he or she can be present. The bill would permit a member of the school administration, a school counselor, or a school teacher, selected by the pupil, to be present at the questioning under prescribed circumstances. This bill would require the principal, prior to making a minor high school pupil available for questioning by a peace officer, to inform the pupil of the pupil's right to have a person, as prescribed, present during the questioning. 98 SB 660 -2- By requiring these local school officials to perform these functions, this bill would impose a state-mandated local program. This bill would make a school officer or staff member who is present in the questioning immune from civil or criminal liability arising from participation in that questioning. 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 these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: I SECTION I. The Legislature finds and declares all of the 2 following: 3 (a) Community policing and the presence of school resource 4 officers on school campuses serve a vital role fostering a safe 5 learning environment for pupils, faculty, and staff. 6 (b) In order to enable members of the law enforcement 7 community to more effectively fulfill this role, it is the intent of 8 the Legislature to encourage law enforcement officers to form 9 positive relationships with both parents and pupils who are part 10 of the school community. II (c) It is also vitally important that parents be given a 12 meaningful opportunity to be active and informed participants in 13 the educational lives of their children, including situations 14 involving issues of school discipline and interaction with 15 members of the law enforcement community in the school 16 setting. 17 (d) In furtherance of this objective, it is the intent of the 18 Legislature to increase the level of participation of parents when 19 their minor children are being questioned by law enforcement in 20 school or at a school-sponsored activity. 21 SEe. 2. Section 48906.5 is added to the Education Code, to 22 read: 98 -3- SB 660 I 48906.5. (a) (I) Before making an elementary school pupil 2 available to a peace officer for the purpose of being questioned 3 by a peace officer, the principal of the elementary school, or his 4 or her designee, shall take immediate steps to obtain the oral 5 consent of the parent 51 gtlarrlÜ"" guardian, or responsible 6 relative of the pupil to permit the questioning. 7 (2) If the parent 5Y gtlardian, guardian, or responsible relative 8 requests that the pupil not be questioned until he or she can be 9 present, the pupil may not be made available to the peace officer 10 for questioning until the parent 51 gtlardillfl, guardian, or II responsible relative is present. 12 (3) If school officials are unable, after reasonable efforts 13 undertaken within a period not to exceed one hour, to contact a 14 parent 5Y gtlaldian, guardian, or responsible relative in order to IS obtain consent pursuant to this subdivision, a school 16 administrator, school counselor, or school teacher who is 17 reasonably available and selected by the pupil, shall be present 18 during the questioning. 19 (4) If the school administrator, school counselor, or school 20 teacher selected by the pupil declines to be present during the 21 questioning, the principal, or his or her designee, shall be present 22 during the questioning. 23 (5) In those cases in which school officials are unable to 24 contact the pupil's parent 5r gtlardian, guardian, or responsible 25 relative, after the questioning has been completed, the principal 26 or his or her designee shall immediately notify the parent-ß!' 27 ~,guardian, or responsible relative that the questioning 28 has occurred and make the staff member who was present during 29 the questioning available to inform the parent er gtlftldian, 30 guardian, or responsible relative about the questioning. 31 (b) (I) Before making a high school pupil under 18 years of 32 age available to a peace officer for the purpose of questioning by 33 the peace officer, the principal of the school, or his or her 34 designee, shall inform the pupil that the pupil has the right to 35 request that his or her parent 51 gtlftldian 5Y an aMIt farnil) 36 1fIefftbe1o, guardian, or responsible relative, or person on the list 37 of emergency contacts for the pupil be present during the 38 questioning. 39 (2) If the person selected by the pupil cannot be made 40 available within a reasonable period of time, not exceeding one 98 SB 660 -4- 1 hour, or declines to be present at the questioning, the principal or 2 his or her designee shall inform the pupil that the pupil may 3 select as an alternate, a school administrator, school counselor, or 4 school teacher who is reasonably available to be present during 5 the questioning. 6 (3) If the person selected by the pupil declines to be present 7 during the questioning, the principal, or his or her designee, shall 8 so inform the pupil and advise the pupil that the principal, or his 9 or her designee, will be present during the questioning if the 10 pupil so requests. II (4) If the pupil exercises his or her right pursuant to this 12 subdivision to have one of the persons designated in paragraph 13 (I), (2), or (3) present during the questioning, the pupil may not 14 be made available to the peace officer for questioning until that 15 person is present. 16 (c) If the pupil is a dependent child of the court, as described 17 in Section 300 of the Welfare and Institutions Code, or a ward of 18 the court, as described in Section 602 of the Welfare and 19 Institutions Code, and the court has limited the right of a parent 20 to make educational decisions for his or her child pursuant to 21 Section 361 or 726 of the Welfare and Institutions Code, as 22 applicable, the principal of the school, or his or her designee, 23 shall seek parental consent as required by this section from the 24 responsible adult or surrogate parent appointed for the pupil, 25 instead of the parent as would otherwise be required by this 26 section. 27 fer 28 (d) Subdivisions (a)-tm.tI-fb1, (b), and (c) do not apply if any of 29 the following conditions exist: 30 (I) The peace officer reasonably believes that, due to exigent 31 circumstances, the inability of the officer to immediately 32 question the pupil will materially interfere with the ability of the 33 officer to conduct his or her investigation and there is a 34 substantial risk that a suspect may not be apprehended or 35 prosecuted in a timely manner. In that case, if an elementary 36 school pupil is being questioned, the principal or his or her 37 designee shall be present during the questioning and shall take 38 immediate and continuous steps to notify the parent 6r gtlftldillfl, 39 guardian, or responsible relative by telephone about the 40 questioning, and if unsuccessful in doing so before the 98 -5- SB 660 1 questioning, shall take immediate steps to notify the parent-m 2 ~,guardian, or responsible relative about the questioning 3 after the questioning has been completed. If a high school pupil 4 is being questioned, the pupil shall be given the option of having 5 the principal or his or her designee present during the 6 questioning. 7 (2) The peace officer reasonably believes that there is a 8 substantial risk of immediate personal injury or substantial 9 property damage. In that case, if an elementary school pupil is 10 being questioned, the principal or his or her designee shall be 11 present during the questioning and shall take immediate and 12 continuous steps to notify the parent 81 gtlardian, guardian, or 13 responsible relative by telephone regarding the questioning, and 14 if unsuccessful in doing so before the questioning is completed, 15 shall take immediate steps to notify the parent 51 gtlardillfl, 16 guardian, or responsible relative regarding the questioning after 17 it has been completed. If a high school pupil is being questioned, 18 the pupil shall be given the option of having the principal or his 19 or her designee present during the questioning. 20 (3) The minor pupil being questioned is suspected of being a 21 victim of child abuse as defined in Section 11165.6 of the Penal 22 Code, or the minor pupil is being questioned pursuant to Section 23 305 of the Welfare and Institutions Code, and either the principal 24 or his or her designee or the peace officer has reasonable belief 25 that the pupil would be endangered by the notification 26 requirements of subdivision (a) or (b). In that case, if the pupil is 27 an elementary school pupil, the principal of the school, or his or 28 her designee, shall inform the pupil that the pupil has the right to 29 select a school administrator, school counselor, or school teacher 30 who is reasonably available to be present during the questioning, 31 as provided in paragraphs (3) and (4) of subdivision (a). If the 32 pupil is a high school pupil, the principal of the school, or his or 33 her designee, shall inform the pupil that the pupil has the right to 34 select another person to be present during the questioning, as 35 provided in subdivision (b). 36 (4) (A) In the case of an elementary school pupil, the peace 37 officer's questioning of the pupil concerns the commission of 38 criminal activity by the person who would otherwise be present 39 during the questioning pursuant to subdivision (a). In that case, 40 the principal of the school, or his or her designee, shall inform 98 SB 660 -6- 1 the pupil that the pupil has the right to select a school 2 administrator, school counselor, or school teacher who is 3 reasonably available to be present during the questioning as 4 provided in subdivision (a). 5 (B) In the case of a high school pupil, the peace officer's 6 questioning of the pupil concerns the commission of criminal 7 activity by the person selected by the pupil pursuant to 8 subdivision (b). In that case, the principal or his or her designee 9 shall so inform the pupil and advise the pupil that he or she may 10 select another person to be present during the questioning, as II provided in subdivision (b). 12 (5) The pupil is on probation or parole and is being 13 interviewed or otherwise contacted by a probation or parole 14 officer in the normal course of duties of the probation or parole 15 officer. 16 ftI1- 17 (e) Except in exigent circumstances as determined by the 18 peace officer, any questioning of a pupil by a peace officer for 19 any reason other than the ordinary, day-to-day conversation that 20 is to be expected among members of a school community, shall 21 take place in a private location, including, but not limited to, the 22 principal's office, and may not take place in a classroom or 23 hallway or other areas where pupils or others may be present. 24 fet- 25 (j) A school official present during the questioning of a pupil 26 under this section may not disclose matters discussed with the 27 pupil other than to the parent 51 gttardillfl, guardian, or 28 responsible relative of the pupil, the attorney for the pupil, other 29 school officials, or a court. 30 ffl- 31 (g) Any school officer or staff member present at the 32 questioning of the pupil by a peace officer pursuant to this 33 section is immune from civil or criminal liability arising from his 34 or her participation during the questioning of the pupil. 35 fg1- 36 (h) The failure of school officials to comply with this section 37 does not render any evidence, otherwise lawfully obtained by a 38 peace officer, inadmissible in a court oflaw or result in any other 39 sanction in a criminal trial. 40 fht- 98 -7- SB 660 1 (i) For the purposes of this section, "questioning" means only 2 formal questioning in which the principal or his or her designee 3 makes a pupil available to a peace officer, at the request of the 4 peace officer, the principal or his or her designee, for questioning 5 as a victim, suspect, or person with information concerning a 6 suspected violation of a school rule that constitutes grounds for 7 expulsion or a suspected commission of a crime. For the 8 purposes of this section, "formal questioning" means only 9 questioning of a pupil by a peace officer that occurs on school 10 grounds. "Formal questioning" does not include ordinary, II day-to-day conversations between a pupil and a school resource 12 officer or peace officer. 1 3 fiT- 14 OJ For the purposes of this section, "elementary school 15 pupils" are the pupils who are enrol1ed in kindergarten or any of 16 grades 1 to 8, inclusive. "High school pupils" are the pupils who 17 are enrolled in any of grades 9 to 12, inclusive. 18 SEC. 3. Ifthe Commission on State Mandates determines that 19 this act contains costs mandated by the state, reimbursement to 20 local agencies and school districts for those costs shall be made 21 pursuant to Part 7 (commencing with Section 17500) of Division 22 4 of Title 2 of the Government Code. 0 98