2009 California Penal Code - Section 627-627.10 :: Chapter 1.1. Access To School Premises

PENAL CODE
SECTION 627-627.10

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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