Bill Text: CA AB1888 | 2021-2022 | Regular Session | Amended

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Bill Title: School safety: City of Fresno and the Fresno Unified School District: active shooter and mass emergency coordinated response program.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-03-31 - In committee: Hearing postponed by committee. [AB1888 Detail]

Download: California-2021-AB1888-Amended.html

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Amended  IN  Assembly  March 23, 2022

Amended  IN  Assembly  March 16, 2022

Amended  IN  Assembly  March 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1888

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Introduced by Assembly Member Flora
(Coauthor: Assembly Member Cooper)

February 09, 2022

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An act to add Title 10.3 (commencing with Section 14133) to Part 4 of the Penal Code, Article 6 (commencing with Section 32296) to Chapter 2.5 of Part 19 of Division 1 of Title 1 of the Education Code, relating to school safety, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 1888, as amended, Flora. School safety: City of Fresno and the Fresno Unified School District: active shooter and mass emergency coordinated response program.

Existing law requires school districts districts, charter schools, and county offices of education to be responsible for the overall development of comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires the school safety plan to include, among other things, procedures for conducting tactical responses to criminal incidents. Existing law requires the school safety plan to have include, among other things, procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions based on the specific needs and context of each school and community.

This bill would require the City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, to establish a pilot real-time active shooter and mass emergency coordinated response program for specified schools educational entities within the City of Fresno to provide a real-time cross-agency communication solution environment that, among other things, allows for the deploying of a secure, multimedia data communications system that enables a user base to communicate with one another, as specified, and allows for identifying system users’ identity, location, and operational status during an incident. The bill would require the City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, to administer funds to enable schools, local educational agencies, community colleges, and the California State University and their cognizant public safety, fire, and emergency response agencies to acquire, install, and maintain the solutions upon application made to the City of Fresno and the Fresno Unified School District. The bill would require the City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association to make an effort to ensure the systems are deployed as soon as practicable, but not later than August 1, 2023. The bill would require the City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association to, not later than August 1, 2024, submit a report to the Legislature regarding implementation of the program, and the efficacy of the systems deployed. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Fresno and the Fresno Unified School District.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to the City of Fresno, a charter city.

This bill would appropriate $4,800,000 from the General Fund to the City of Fresno and the Fresno Unified School District to pay for implementation of a the real-time active shooter and mass emergency coordinated response program, as specified. program described above.

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 it makes an appropriation that is intended to reimburse the city and school district for those costs.

This bill would provide that, if the Commission on State Mandates determines that the bill contains additional costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) The greatest number of K–12 school active shooter incidents since 1970, when data began to be collected, occurred during 2018, with 82 recorded incidents; one every 5 days.

(b) The next highest year was 2006, with 59 incidents; one every 6 days.

(c) California, Texas, and Florida are the three states in the United States with the most incidents.

(d) The Marjory Stoneman Douglas High School Public Safety Commission report to the Governor of Florida, issued January 1, 2019, stated that “School districts and law enforcement agencies should strive for radio interoperability.”

(e) Active shooter incidents on school campuses have demonstrated a heightened need for two-way communication between schools and first responders.

(f) There is a need for live video streams between schools and appropriate first responders.

(g) Schools must control communication and video access.

(h) There is a need for multimedia interoperability to be installed and maintained on our California schoolsites.

SEC. 2.Title 10.3 (commencing with Section 14133) is added to Part 4 of the Penal Code, to read:

10.3.Active Shooter and Mass Emergency Coordinated Response Program

14133.

(a)For purposes of this section, “emergency” means an event in which there is an imminent threat that death or injury will occur on a campus of a K–12 school district, community college, or the California State University within the City of Fresno.

(b)The City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, shall establish a pilot real-time active shooter and mass emergency coordinated response program for K–12 school districts, community colleges, and the California State University campus within the City of Fresno to provide a real-time cross-agency communication solution environment that allows for all of the following:

(1)Deploying of a secure, multimedia data communications system that enables a user base, consisting of public safety agencies and the schools they serve, or to which they provide mutual aid response, to communicate with one another and that facilitates the ability of first responders to respond to an incident.

(2)Identifying system users’ identity, location, and operational status during an incident.

(3)Secure text messaging and file sharing to all users involved in an incident.

(4)Secure sharing of collaborative maps, building floor plans, and images between schools and public safety agencies.

(5)Integrating manually activated panic alarm systems that, when activated, establish direct collaboration between schools and public safety agencies.

(6)Using multiple forms of real-time communications and information collaboration, including voice and full-motion video sharing during an incident.

(7)Being deployed to end users on existing communications assets owned by participating entities.

(8)Allowing each participating entity to maintain discretionary real-time control of all communications assets owned or operated by the entity.

(9)Encrypting all media communications.

(10)Ensuring student and staff privacy by allowing law enforcement to access real-time or near-real-time school video only during an emergency.

(11)Ensuring the program is certified under the federal Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act, enacted as Subtitle G of Title VIII of the Homeland Security Act of 2002 (Public Law 107-296)) as a qualified antiterrorism technology.

(12)Ensuring the program is certified with the federal emergency management agency interoperable gate system for large-scale disaster communications. Any interoperability technology employed shall be compliant with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) (FERPA) and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) (HIPAA).

(c)Any information shared among the City of Fresno, the Fresno Unified School District, and the California College and University Police Chiefs Association pursuant to this section shall only be used to coordinate a response to an active shooter or mass emergency and not for any other purpose, including, but not limited to, a criminal investigation or prosecution.

(d)The City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, shall administer funds appropriated for the purposes of implementation of this title to enable schools, community colleges, and the California State University and their cognizant public safety, fire, and emergency response agencies to acquire, install, and maintain the solutions specified in subdivision (a) upon application made to the City of Fresno and the Fresno Unified School District.

(e)The City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, shall make an effort to ensure the systems specified in this section are deployed as soon as practicable, but not later than August 1, 2023.

(f)The City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, shall, not later than August 1, 2024, submit a report to the Legislature regarding implementation of the program, and the efficacy of the systems deployed. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.

 Article 6 (commencing with Section 32296) is added to Chapter 2.5 of Part 19 of Division 1 of Title 1 of the Education Code, to read:

Article  6. Active Shooter and Mass Emergency Coordinated Response Program

32296.

 (a) For purposes of this section, the following definitions apply:

(1) “Emergency” means an event in which there is an imminent threat that death or injury will occur on a campus of a local educational agency, community college, or the California State University within the City of Fresno.

(2) “Local educational agency” means a school district, charter school, or county office of education.

(b) The City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, shall establish a pilot real-time active shooter and mass emergency coordinated response program for local educational agencies, community colleges, and the California State University campus within the City of Fresno to provide a real-time cross-agency communication solution environment that allows for all of the following:

(1) Deploying of a secure, multimedia data communications system that enables a user base, consisting of public safety agencies and the educational entities they serve, or to which they provide mutual aid response, to communicate with one another and that facilitates the ability of first responders to respond to an incident.

(2) Identifying system users’ identity, location, and operational status during an incident.

(3) Secure text messaging and filesharing to all users involved in an incident.

(4) Secure sharing of collaborative maps, building floor plans, and images between schools and public safety agencies.

(5) Integrating manually activated panic alarm systems that, when activated, establish direct collaboration between schools and public safety agencies.

(6) Using multiple forms of real-time communications and information collaboration, including voice and full-motion video sharing during an incident.

(7) Being deployed to end users on existing communications assets owned by participating entities.

(8) Allowing each participating entity to maintain discretionary real-time control of all communications assets owned or operated by the entity.

(9) Encrypting all media communications.

(10) Ensuring student and staff privacy by allowing law enforcement to access real-time or near-real-time school video only during an emergency.

(11) Ensuring the program is certified under the federal Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act, enacted as Subtitle G of Title VIII of the Homeland Security Act of 2002 (Public Law 107-296)) as a qualified antiterrorism technology.

(12) Ensuring the program is certified with the federal emergency management agency interoperable gate system for large-scale disaster communications. Any interoperability technology employed shall be compliant with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) (FERPA) and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) (HIPAA).

(c) Any information shared among the City of Fresno, the Fresno Unified School District, and the California College and University Police Chiefs Association pursuant to this section shall only be used to coordinate a response to an active shooter or mass emergency and not for any other purpose, including, but not limited to, a criminal investigation or prosecution.

(d) The City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, shall administer funds appropriated for the purposes of implementation of this title to enable local educational agencies, community colleges, and the California State University campus within the City of Fresno and their cognizant public safety, fire, and emergency response agencies to acquire, install, and maintain the solutions specified in subdivision (b) upon application made to the City of Fresno and the Fresno Unified School District.

(e) The City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, shall make an effort to ensure the systems specified in this section are deployed as soon as practicable, but not later than August 1, 2023.

(f) The City of Fresno and the Fresno Unified School District, in collaboration with the California College and University Police Chiefs Association, shall, not later than August 1, 2024, submit a report to the Legislature regarding implementation of the program, and the efficacy of the systems deployed. The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that exist in the City of Fresno and the Fresno Unified School District.

SEC. 4.

 The Legislature finds and declares that Section 2 of this act adding Title 10.3 (commencing with Section 14133) to Part 4 of the Penal Code Article 6 (commencing with Section 32296) to Chapter 2.5 of Part 19 of Division 1 of Title 1 of the Education Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to the City of Fresno, a charter city.

SEC. 5.

 The sum of four million eight hundred thousand dollars ($4,800,000) is hereby appropriated from the General Fund to the City of Fresno and the Fresno Unified School District to pay for implementation of a real-time active shooter and mass emergency coordinated response program, as specified in Title 10.3 (commencing with Section 14133) of Part 4 of the Penal Code. Article 6 (commencing with Section 32296) of Chapter 2.5 of Part 19 of Division 1 of Title 1 of the Education Code.

SEC. 6.

 The appropriation in Section 5 of this bill is intended to reimburse the City of Fresno and the Fresno Unified School District pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state and incurred by them pursuant to this act.

However, if the Commission on State Mandates determines that this act contains additional costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.