2009 California Penal Code - Section 626-626.11 :: Chapter 1. Schools

PENAL CODE
SECTION 626-626.11

626.  (a) As used in this chapter, the following definitions apply:
   (1) "University" means the University of California, and includes
any affiliated institution thereof and any campus or facility owned,
operated, or controlled by the Regents of the University of
California.
   (2) "State university" means any California state university, and
includes any campus or facility owned, operated, or controlled by the
Trustees of the California State University.
   (3) "Community college" means any public community college
established pursuant to the Education Code.
   (4) "School" means any public or private elementary school, junior
high school, four-year high school, senior high school, adult school
or any branch thereof, opportunity school, continuation high school,
regional occupational center, evening high school, or technical
school or any public right-of-way situated immediately adjacent to
school property or any other place if a teacher and one or more
pupils are required to be at that place in connection with assigned
school activities.
   (5) "Chief administrative officer" means either of the following:
   (A) The president of the university or a state university, the
Chancellor of the California State University, or the officer
designated by the Regents of the University of California or pursuant
to authority granted by the Regents of the University of California
to administer and be the officer in charge of a campus or other
facility owned, operated, or controlled by the Regents of the
University of California, or the superintendent of a community
college district.
   (B) For a school, the principal of the school, a person who
possesses a standard supervision credential or a standard
administrative credential and who is designated by the principal, or
a person who carries out the same functions as a person who possesses
a credential and who is designated by the principal.
   (b) For the purpose of determining the penalty to be imposed
pursuant to this chapter, the court may consider a written report
from the Department of Justice containing information from its
records showing prior convictions; and that communication is prima
facie evidence of the convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
   (c) As used in this code, the following definitions apply:
   (1) "Pupil currently attending school" means a pupil enrolled in a
public or private school who has been in attendance or has had an
excused absence, for purposes of attendance accounting, for a
majority of the days for which the pupil has been enrolled in that
school during the school year.
   (2) "Safe school zone" means an area that encompasses any of the
following places during regular school hours or within 60 minutes
before or after the schoolday or 60 minutes before or after a
school-sponsored activity at the schoolsite:
   (A) Within 100 feet of a bus stop, whether or not a public transit
bus stop, that has been publicly designated by the school district
as a schoolbus stop. This definition applies only if the school
district has chosen to mark the bus stop as a schoolbus stop.
   (B) Within 1,500 feet of a school, as designated by the school
district.

626.2.  Every student or employee who, after a hearing, has been
suspended or dismissed from a community college, a state university,
the university, or a public or private school for disrupting the
orderly operation of the campus or facility of the institution, and
as a condition of the suspension or dismissal has been denied access
to the campus or facility, or both, of the institution for the period
of the suspension or in the case of dismissal for a period not to
exceed one year; who has been served by registered or certified mail,
at the last address given by that person, with a written notice of
the suspension or dismissal and condition; and who willfully and
knowingly enters upon the campus or facility of the institution to
which he or she has been denied access, without the express written
permission of the chief administrative officer of the campus or
facility, is guilty of a misdemeanor and shall be punished as
follows:
   (a) Upon a first conviction, by a fine not exceeding five hundred
dollars ($500), by imprisonment in a county jail for a period of not
more than six months, or by both that fine and imprisonment.
   (b) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in a county jail for a period of not less than 10 days
or more than six months, or by both that imprisonment and a fine not
exceeding five hundred dollars ($500), and shall not be released on
probation, parole, or any other basis until he or she has served not
less than 10 days.
   (c) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in a county jail for a period of not
less than 90 days or more than six months, or by both that
imprisonment and a fine not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
   Knowledge shall be presumed if notice has been given as prescribed
in this section. The presumption established by this section is a
presumption affecting the burden of proof.

626.4.  (a) The chief administrative officer of a campus or other
facility of a community college, a state university, the university,
or a school, or an officer or employee designated by the chief
administrative officer to maintain order on such campus or facility,
may notify a person that consent to remain on the campus or other
facility under the control of the chief administrative officer has
been withdrawn whenever there is reasonable cause to believe that
such person has willfully disrupted the orderly operation of such
campus or facility.
   (b) Whenever consent is withdrawn by any authorized officer or
employee, other than the chief administrative officer, such officer
or employee shall as soon as is reasonably possible submit a written
report to the chief administrative officer. The report shall contain
all of the following:
   (1) The description of the person from whom consent was withdrawn,
including, if available, the person's name, address, and phone
number.
   (2) A statement of the facts giving rise to the withdrawal of
consent.
   If the chief administrative officer or, in the chief
administrative officer's absence, a person designated by him or her
for this purpose, upon reviewing the report, finds that there was
reasonable cause to believe that such person has willfully disrupted
the orderly operation of the campus or facility, he or she may enter
written confirmation upon the report of the action taken by the
officer or employee. If the chief administrative officer or, in the
chief administrative officer's absence, the person designated by him
or her, does not confirm the action of the officer or employee within
24 hours after the time that consent was withdrawn, the action of
the officer or employee shall be deemed void and of no force or
effect, except that any arrest made during such period shall not for
this reason be deemed not to have been made for probable cause.
   (c) Consent shall be reinstated by the chief administrative
officer whenever he or she has reason to believe that the presence of
the person from whom consent was withdrawn will not constitute a
substantial and material threat to the orderly operation of the
campus or facility. In no case shall consent be withdrawn for longer
than 14 days from the date upon which consent was initially
withdrawn. The person from whom consent has been withdrawn may submit
a written request for a hearing on the withdrawal within the
two-week period. The written request shall state the address to which
notice of hearing is to be sent. The chief administrative officer
shall grant such a hearing not later than seven days from the date of
receipt of the request and shall immediately mail a written notice
of the time, place, and date of such hearing to such person.
   (d) Any person who has been notified by the chief administrative
officer of a campus or other facility of a community college, a state
university, the university, or a school, or by an officer or
employee designated by the chief administrative officer to maintain
order on such campus or facility, that consent to remain on the
campus or facility has been withdrawn pursuant to subdivision (a);
who has not had such consent reinstated; and who willfully and
knowingly enters or remains upon such campus or facility during the
period for which consent has been withdrawn is guilty of a
misdemeanor. This subdivision does not apply to any person who enters
or remains on such campus or facility for the sole purpose of
applying to the chief administrative officer for the reinstatement of
consent or for the sole purpose of attending a hearing on the
withdrawal.
   (e) This section shall not affect the power of the duly
constituted authorities of a community college, a state university,
the university, or a school, to suspend, dismiss, or expel any
student or employee at the college, state university, university, or
school.
   (f) Any person convicted under this section shall be punished as
follows:
   (1) Upon a first conviction, by a fine of not exceeding five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both such fine and
imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both such imprisonment and a fine
of not exceeding five hundred dollars ($500), and shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
   (3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both such
imprisonment and a fine of not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
   (g) This section shall not affect the rights of representatives of
employee organizations to enter, or remain upon, school grounds
while actually engaged in activities related to representation, as
provided for in Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code.

626.6.  (a) If a person who is not a student, officer or employee of
a college or university and who is not required by his or her
employment to be on the campus or any other facility owned, operated,
or controlled by the governing board of that college or university,
enters a campus or facility, and it reasonably appears to the chief
administrative officer of the campus or facility, or to an officer or
employee designated by the chief administrative officer to maintain
order on the campus or facility, that the person is committing any
act likely to interfere with the peaceful conduct of the activities
of the campus or facility, or has entered the campus or facility for
the purpose of committing any such act, the chief administrative
officer or his or her designee may direct the person to leave the
campus or facility. If that person fails to do so or if the person
willfully and knowingly reenters upon the campus or facility within
seven days after being directed to leave, he or she is guilty of a
misdemeanor and shall be punished as follows:
   (1) Upon a first conviction, by a fine of not more than five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both that fine and
imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both that imprisonment and a fine
of not more than five hundred dollars ($500), and shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
   (3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both that
imprisonment and a fine of not more than five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
   (b) The provisions of this section shall not be utilized to
impinge upon the lawful exercise of constitutionally protected rights
of freedom of speech or assembly.
   (c) When a person is directed to leave pursuant to subdivision
(a), the person directing him or her to leave shall inform the person
that if he or she reenters the campus or facility within seven days
he or she will be guilty of a crime.

626.7.  (a) If a person who is not a student, officer, or employee
of a public school, and who is not required by his or her employment
to be on the campus or any other facility owned, operated, or
controlled by the governing board of that school, enters a campus or
facility outside of the common areas where public business is
conducted, and it reasonably appears to the chief administrative
officer of the campus or facility, or to an officer or employee
designated by the chief administrative officer to maintain order on
the campus or facility, that the person is committing any act likely
to interfere with the peaceful conduct of the activities of the
campus or facility, or has entered the campus or facility for the
purpose of committing any such act, the chief administrative officer
or his or her designee may direct the person to leave the campus or
facility. If that person fails to do so or if the person returns
without following the posted requirements to contact the
administrative offices of the campus, he or she is guilty of a
misdemeanor and shall be punished as follows:
   (1) Upon a first conviction, by a fine of not more than five
hundred dollars ($500), by imprisonment in a county jail for a period
of not more than six months, or by both that fine and imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in a county jail for a period of not less than 10 days
or more than six months, or by both that imprisonment and a fine of
not more than five hundred dollars ($500), and the defendant shall
not be released on probation, parole, or any other basis until he or
she has served not less than 10 days.
   (3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in a county jail for a period of not
less than 90 days or more than six months, or by both that
imprisonment and a fine of not more than five hundred dollars ($500),
and the defendant shall not be released on probation, parole, or any
other basis until he or she has served not less than 90 days.
   For purposes of this section, a representative of a school
employee organization engaged in activities related to
representation, as provided for in Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, shall
be deemed a person required by his or her employment to be in a
school building or on the grounds of a school.
   (b) The provisions of this section shall not be utilized to
impinge upon the lawful exercise of constitutionally protected rights
of freedom of speech or assembly.
   (c) When a person is directed to leave pursuant to subdivision
(a), the person directing him or her to leave shall inform the person
that if he or she reenters the campus or facility without following
the posted requirements to contact the administrative offices of the
campus, he or she will be guilty of a crime.
   (d) Notwithstanding any other subdivision of this section, the
chief administrative officer, or his or her designee, shall allow a
person previously directed to leave the campus or facility pursuant
to this section to reenter the campus if the person is a parent or
guardian of a pupil enrolled at the campus or facility who has to
retrieve the pupil for disciplinary reasons, for medical attention,
or for a family emergency.

626.8.  (a) Any person who comes into any school building or upon
any school ground, or street, sidewalk, or public way adjacent
thereto, without lawful business thereon, and whose presence or acts
interfere with the peaceful conduct of the activities of the school
or disrupt the school or its pupils or school activities, is guilty
of a misdemeanor if he or she does any of the following:
   (1) Remains there after being asked to leave by the chief
administrative official of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, or sheriff or deputy
sheriff, or a Department of the California Highway Patrol peace
officer.
   (2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1).
   (3) Has otherwise established a continued pattern of unauthorized
entry.
   This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly.
   (b) Punishment for violation of this section shall be as follows:
   (1) Upon a first conviction by a fine not exceeding five hundred
dollars ($500), by imprisonment in a county jail for a period of not
more than six months, or by both that fine and imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in a county jail for a period of not less than 10 days
or more than six months, or by both imprisonment and a fine not
exceeding five hundred dollars ($500), and shall not be released on
probation, parole, or any other basis until he or she has served not
less than 10 days.
   (3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in a county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine not exceeding five hundred dollars ($500), and shall not
be released on probation, parole, or any other basis until he or she
has served not less than 90 days.
   (c) As used in this section, the following definitions apply:
   (1) "Lawful business" means a reason for being present upon school
property which is not otherwise prohibited by statute, by ordinance,
or by any regulation adopted pursuant to statute or ordinance.
   (2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same school year the defendant came
into any school building or upon any school ground, or street,
sidewalk, or public way adjacent thereto, without lawful business
thereon, and his or her presence or acts interfered with the peaceful
conduct of the activities of the school or disrupted the school or
its pupils or school activities, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
   (3) "School" means any preschool or public or private school
having kindergarten or any of grades 1 to 12, inclusive.
   (d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place within seven
days he or she will be guilty of a crime.

626.81.  (a)  Any person who is required to register as a sex
offender pursuant to Section 290, who comes into any school building
or upon any school ground without lawful business thereon and written
permission from the chief administrative official of that school, is
guilty of a misdemeanor.
   (b) Punishment for violation of this section shall be as follows:
   (1) Upon a first conviction by a fine of not exceeding five
hundred dollars ($500), by imprisonment in a county jail for a period
of not more than six months, or by both the fine and imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of this section, by imprisonment in a county jail for a
period of not less than 10 days or more than six months, or by both
imprisonment and a fine of not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 10 days.
   (3) If the defendant has been previously convicted two or more
times of a violation of this section, by imprisonment in a county
jail for a period of not less than 90 days or more than six months,
or by both imprisonment and a fine of not exceeding five hundred
dollars ($500), and shall not be released on probation, parole, or
any other basis until he or she has served not less than 90 days.
   (c) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.

626.85.  (a) Any specified drug offender who, at any time, comes
into any school building or upon any school ground, or adjacent
street, sidewalk, or public way, unless the person is a parent or
guardian of a child attending that school and his or her presence is
during any school activity, or is a student at the school and his or
her presence is during any school activity, or has prior written
permission for the entry from the chief administrative officer of
that school, is guilty of a misdemeanor if he or she does any of the
following:
   (1) Remains there after being asked to leave by the chief
administrative officer of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, sheriff, or a
Department of the California Highway Patrol peace officer.
   (2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1) of subdivision
(a).
   (3) Has otherwise established a continued pattern of unauthorized
entry.
   This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly, or to prohibit any lawful act, including picketing,
strikes, or collective bargaining.
   (b) Punishment for violation of this section shall be as follows:
   (1) Upon a first conviction, by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in the county jail for a period of
not more than six months, or by both that fine and imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both imprisonment and a fine not
exceeding one thousand dollars ($1,000), and the defendant shall not
be released on probation, parole, or any other basis until he or she
has served not less than 10 days.
   (3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine not exceeding one thousand dollars ($1,000), and the
defendant shall not be released on probation, parole, or any other
basis until he or she has served not less than 90 days.
   (c) As used in this section:
   (1) "Specified drug offender" means any person who, within the
immediately preceding three years, has a felony or misdemeanor
conviction of either:
   (A) Unlawful sale, or possession for sale, of any controlled
substance, as defined in Section 11007 of the Health and Safety Code.
   (B) Unlawful use, possession, or being under the influence of any
controlled substance, as defined in Section 11007 of the Health and
Safety Code, where that conviction was based on conduct which
occurred, wholly or partly, in any school building or upon any school
ground, or adjacent street, sidewalk, or public way.
   (2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same calendar year the defendant
came into any school building or upon any school ground, or adjacent
street, sidewalk, or public way, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
   (3) "School" means any preschool or public or private school
having any of grades kindergarten to 12, inclusive.
   (4) "School activity" means and includes any school session, any
extracurricular activity or event sponsored by or participated in by
the school, and the 30-minute periods immediately preceding and
following any session, activity, or event.
   (d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place he or she will
be guilty of a crime.

626.9.  (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
   (b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone, as defined in
paragraph (1) of subdivision (e), unless it is with the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).
   (c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
   (1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
   (2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.
   This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.
   (3) When the person possessing the firearm reasonably believes
that he or she is in grave danger because of circumstances forming
the basis of a current restraining order issued by a court against
another person or persons who has or have been found to pose a threat
to his or her life or safety. This subdivision may not apply when
the circumstances involve a mutual restraining order issued pursuant
to Division 10 (commencing with Section 6200) of the Family Code
absent a factual finding of a specific threat to the person's life or
safety. Upon a trial for violating subdivision (b), the trier of a
fact shall determine whether the defendant was acting out of a
reasonable belief that he or she was in grave danger.
   (4) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to subdivision (b), (d), (e),
or (h) of Section 12027.
   (d) Except as provided in subdivision (b), it shall be unlawful
for any person, with reckless disregard for the safety of another, to
discharge, or attempt to discharge, a firearm in a school zone, as
defined in paragraph (1) of subdivision (e).
   The prohibition contained in this subdivision does not apply to
the discharge of a firearm to the extent that the conditions of
paragraph (1) of subdivision (c) are satisfied.
   (e) As used in this section, the following definitions shall
apply:
   (1) "School zone" means an area in, or on the grounds of, a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, or within a distance of 1,000 feet from the grounds
of the public or private school.
   (2) "Firearm" has the same meaning as that term is given in
Section 12001.
   (3) "Locked container" has the same meaning as that term is given
in subdivision (c) of Section 12026.1.
   (4) "Concealed firearm" has the same meaning as that term is given
in Sections 12025 and 12026.1.
   (f) (1) Any person who violates subdivision (b) by possessing a
firearm in, or on the grounds of, a public or private school
providing instruction in kindergarten or grades 1 to 12, inclusive,
shall be punished by imprisonment in the state prison for two, three,
or five years.
   (2) Any person who violates subdivision (b) by possessing a
firearm within a distance of 1,000 feet from the grounds of a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, shall be punished as follows:
   (A) By imprisonment in the state prison for two, three, or five
years, if any of the following circumstances apply:
   (i) If the person previously has been convicted of any felony, or
of any crime made punishable by Chapter 1 (commencing with Section
12000) of Title 2 of Part 4.
   (ii) If the person is within a class of persons prohibited from
possessing or acquiring a firearm pursuant to Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
   (iii) If the firearm is any pistol, revolver, or other firearm
capable of being concealed upon the person and the offense is
punished as a felony pursuant to Section 12025.
   (B) By imprisonment in a county jail for not more than one year or
by imprisonment in the state prison for two, three, or five years,
in all cases other than those specified in subparagraph (A).
   (3) Any person who violates subdivision (d) shall be punished by
imprisonment in the state prison for three, five, or seven years.
   (g) (1) Every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been convicted
previously of a misdemeanor offense enumerated in Section 12001.6
shall be punished by imprisonment in a county jail for not less than
three months, or if probation is granted or if the execution or
imposition of sentence is suspended, it shall be a condition thereof
that he or she be imprisoned in a county jail for not less than three
months.
   (2) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted previously
of a misdemeanor offense enumerated in Section 12001.6, if probation
is granted or if the execution of sentence is suspended, it shall be
a condition thereof that he or she be imprisoned in a county jail
for not less than three months.
   (3) Every person convicted under this section for a felony
violation of subdivision (b) or (d) who has been convicted previously
of any felony, or of any crime made punishable by Chapter 1
(commencing with Section 12000) of Title 2 of Part 4, if probation is
granted or if the execution or imposition of sentence is suspended,
it shall be a condition thereof that he or she be imprisoned in a
county jail for not less than three months.
   (4) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence with
conditions other than those set forth in this subdivision, in which
case the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by this disposition.
   (h) Notwithstanding Section 12026, any person who brings or
possesses a loaded firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching, research,
or administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
two, three, or four years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
   (i) Notwithstanding Section 12026, any person who brings or
possesses a firearm upon the grounds of a campus of, or buildings
owned or operated for student housing, teaching, research, or
administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
one, two, or three years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
   (j) For purposes of this section, a firearm shall be deemed to be
loaded when there is an unexpended cartridge or shell, consisting of
a case that holds a charge of powder and a bullet or shot, in, or
attached in any manner to, the firearm, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
firearm. A muzzle-loader firearm shall be deemed to be loaded when it
is capped or primed and has a powder charge and ball or shot in the
barrel or cylinder.
   (k) This section does not require that notice be posted regarding
the proscribed conduct.
   (l) This section does not apply to a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making arrests or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, engaged
in the performance of his or her duties, as defined in subdivision
(e) of Section 7521 of the Business and Professions Code.
   (m) This section does not apply to a security guard authorized to
carry a loaded firearm pursuant to Section 12031.
   (n) This section does not apply to an existing shooting range at a
public or private school or university or college campus.
   (o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant to
subdivision (a) or (i) of Section 12027 or paragraph (1) or (8) of
subdivision (b) of Section 12031.

626.95.  (a) Any person who is in violation of paragraph (2) of
subdivision (a), or subdivision (b), of Section 417 , or Section
12025 or 12031, upon the grounds of or within a playground, or a
public or private youth center during hours in which the facility is
open for business, classes, or school-related programs, or at any
time when minors are using the facility, knowing that he or she is on
or within those grounds, shall be punished by imprisonment in the
state prison for one, two, or three years, or in a county jail not
exceeding one year.
   (b) State and local authorities are encouraged to cause signs to
be posted around playgrounds and youth centers giving warning of
prohibition of the possession of firearms upon the grounds of or
within playgrounds or youth centers.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Playground" means any park or recreational area specifically
designed to be used by children that has play equipment installed,
including public grounds designed for athletic activities such as
baseball, football, soccer, or basketball, or any similar facility
located on public or private school grounds, or on city or county
parks.
   (2) "Youth center" means any public or private facility that is
used to host recreational or social activities for minors while
minors are present.
   (d) It is the Legislature's intent that only an actual conviction
of a felony of one of the offenses specified in this section would
subject the person to firearms disabilities under the federal Gun
Control Act of 1968 (P.L. 90-618; 18 U.S.C. Sec. 921).

626.10.  (a) (1) Any person, except a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 2 1/2 inches, folding knife with a
blade that locks into place, razor with an unguarded blade, taser, or
stun gun, as defined in subdivision (a) of Section 244.5, any
instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun, upon the grounds of, or within, any
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, is guilty of a public offense,
punishable by imprisonment in a county jail not exceeding one year,
or by imprisonment in the state prison.
   (2) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses a razor blade or a box cutter
upon the grounds of, or within, any public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, is guilty of a public offense, punishable by imprisonment
in a county jail not exceeding one year.
   (b) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick, or
knife having a fixed blade longer than 2 1/2 inches upon the grounds
of, or within, any private university, the University of California,
the California State University, or the California Community
Colleges is guilty of a public offense, punishable by imprisonment in
a county jail not exceeding one year, or by imprisonment in the
state prison.
   (c) Subdivisions (a) and (b) do not apply to any person who brings
or possesses a knife having a blade longer than 2 1/2 inches, a
razor with an unguarded blade, a razor blade, or a box cutter upon
the grounds of, or within, a public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, or
any private university, state university, or community college at the
direction of a faculty member of the private university, state
university, or community college, or a certificated or classified
employee of the school for use in a private university, state
university, community college, or school-sponsored activity or class.
   (d) Subdivisions (a) and (b) do not apply to any person who brings
or possesses an ice pick, a knife having a blade longer than 2 1/2
inches, a razor with an unguarded blade, a razor blade, or a box
cutter upon the grounds of, or within, a public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, or any private university, state university, or community
college for a lawful purpose within the scope of the person's
employment.
   (e) Subdivision (b) does not apply to any person who brings or
possesses an ice pick or a knife having a fixed blade longer than 2
1/2 inches upon the grounds of, or within, any private university,
state university, or community college for lawful use in or around a
residence or residential facility located upon those grounds or for
lawful use in food preparation or consumption.
   (f) Subdivision (a) does not apply to any person who brings an
instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun, or any razor blade or box cutter upon
the grounds of, or within, a public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, if
the person has the written permission of the school principal or his
or her designee.
   (g) Any certificated or classified employee or school peace
officer of a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, may seize any of
the weapons described in subdivision (a), and any certificated or
classified employee or school peace officer of any private
university, state university, or community college may seize any of
the weapons described in subdivision (b), from the possession of any
person upon the grounds of, or within, the school if he or she knows,
or has reasonable cause to know, the person is prohibited from
bringing or possessing the weapon upon the grounds of, or within, the
school.
   (h) As used in this section, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death.
   (i) Any person who, without the written permission of the college
or university president or chancellor or his or her designee, brings
or possesses a less lethal weapon, as defined in Section 12601, or a
stun gun, as defined in Section 12650, upon the grounds of or within,
a public or private college or university campus is guilty of a
misdemeanor.

626.11.  (a) Any evidence seized by a teacher, official, employee,
or governing board member of any university, state university, or
community college, or by any person acting under his or her direction
or with his or her consent in violation of standards relating to
rights under the Fourth Amendment to the United States Constitution
or under Section 13 of Article I of the State Constitution to be free
from unreasonable searches and seizures, or in violation of state or
federal constitutional rights to privacy, or any of them, is
inadmissible in administrative disciplinary proceedings.
   (b) Any provision in an agreement between a student and an
educational institution specified in subdivision (a) relating to the
leasing, renting, or use of a room of any student dormitory owned or
operated by the institution by which the student waives a
constitutional right under the Fourth Amendment to the United States
Constitution or under Section 13 of Article I of the State
Constitution, or under state or federal constitutional provision
guaranteeing a right to privacy, or any of them, is contrary to
public policy and void.
   (c) Any evidence seized by a person specified in subdivision (a)
after a nonconsensual entry not in violation of subdivision (a) into
a dormitory room, which evidence is not directly related to the
purpose for which the entry was initially made, is not admissible in
administrative disciplinary proceedings.


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