2009 California Penal Code - Section 627-627.10 :: Chapter 1.1. Access To School PremisesPENAL CODE
627. (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. 627.1. 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. 627.2. No outsider shall enter or remain on school grounds during school hours without having registered with the principal or designee, except to proceed expeditiously to the office of the principal or designee for the purpose of registering. If signs posted in accordance with Section 627.6 restrict the entrance or route that outsiders may use to reach the office of the principal or designee, an outsider shall comply with such signs. 627.3. In order to register, an outsider shall upon request furnish the principal or designee with the following: (1) His or her name, address, and occupation. (2) His or her age, if less than 21. (3) His or her purpose in entering school grounds. (4) Proof of identity. (5) Other information consistent with the purposes of this chapter and with other provisions of law. No person who furnishes the information and the proof of identity required by this section shall be refused registration except as provided by Section 627.4. 627.4. (a) The principal or his or her designee may refuse to register an outsider if he or she has a reasonable basis for concluding that the outsider's presence or acts would disrupt the school, its students, its teachers, or its other employees; would result in damage to property; or would result in the distribution or use of unlawful or controlled substances. (b) The principal, his or her designee, or school security officer may revoke an outsider's registration if he or she has a reasonable basis for concluding that the outsider's presence on school grounds would interfere or is interfering with the peaceful conduct of the activities of the school, or would disrupt or is disrupting the school, its students, its teachers, or its other employees. 627.5. Any person who is denied registration or whose registration is revoked may request a hearing before the principal or superintendent on the propriety of the denial or revocation. The request shall be in writing, shall state why the denial or revocation was improper, shall give the address to which notice of hearing is to be sent, and shall be delivered to either the principal or the superintendent within five days after the denial or revocation. The principal or superintendent shall promptly mail a written notice of the date, time, and place of the hearing to the person who requested the hearing. A hearing before the principal shall be held within seven days after the principal receives the request. A hearing before the superintendent shall be held within seven days after the superintendent receives the request. 627.6. At each entrance to the school grounds of every public school at which this chapter is in force, signs shall be posted specifying the hours during which registration is required pursuant to Section 627.2, stating where the office of the principal or designee is located and what route to take to that office, and setting forth the applicable requirements of Section 627.2 and the penalties for violation of this chapter. 627.7. (a) It is a misdemeanor punishable by imprisonment in the county jail not to exceed six months, or by a fine not to exceed five hundred dollars ($500), or by both, for an outsider to fail or refuse to leave the school grounds promptly after the principal, designee, or school security officer has requested the outsider to leave or to fail to remain off the school grounds for 7 days after being requested to leave, if the outsider does any of the following: (1) Enters or remains on school grounds without having registered as required by Section 627.2. (2) Enters or remains on school grounds after having been denied registration pursuant to subdivision (a) of Section 627.4. (3) Enters or remains on school grounds after having registration revoked pursuant to subdivision (b) of Section 627.4. (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 place within 7 days he or she will be guilty of a crime. 627.8. Every outsider who willfully and knowingly violates this chapter after having been previously convicted of a violation of this chapter committed within seven years of the date of two or more prior violations that resulted in conviction, shall be punished by imprisonment in the county jail for not less than 10 days nor more than six months, or by both such imprisonment and a fine not exceeding five hundred dollars ($500). 627.8a. The penalties imposed by the provisions of this chapter shall be utilized to prevent, deter, and punish those committing crimes on school campuses. The penalties imposed by the provisions of this chapter shall not be utilized to infringe upon the legitimate exercise of constitutionally protected rights of free speech or assembly. 627.9. The governing board of any school district may: (a) Exempt the district or any school or class of schools in the district from the operation of this chapter. (b) Make exceptions to Section 627.2 for particular classes of outsiders. (c) Authorize principals to exempt individual outsiders from the operation of Section 627.2; but any such exemption shall be in a writing which is signed and dated by the principal and which specifies the person or persons exempted and the date on which the exemption will expire. (d) Exempt, or authorize principals to exempt, designated portions of school grounds from the operation of this chapter during some or all school hours. 627.10. 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.
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