California Senate Bill SB428 Latest Draft

 BILL NUMBER: SB 428AMENDED BILL TEXT AMENDED IN SENATE JUNE 13, 2013 INTRODUCED BY Senator Anderson FEBRUARY 21, 2013 An act to  amend Section 190.6 of the Penal Code   add Section 32254.5 to the Education Code  , relating to  capital crimes   school safety, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately  . LEGISLATIVE COUNSEL'S DIGEST SB 428, as amended, Anderson.  Capital crimes: expeditious imposition of sentence.   School safety: The Safe Classrooms Act.   Existing law provides that the Legislature recognizes that crime, including vandalism, and violence have reached an alarming level at schoolsites throughout California and further recognizes that there is a need for dealing with the complex problems of crime and violence at schoolsites and for developing effective techniques and programs to combat crime and violence at schoolsites.   Existing law, the School Safety and Violence Prevention Act, which is administered by the Superintendent of Public Instruction, requires the Superintendent to provide funds to school districts serving pupils in any of grades 8 to 12, inclusive, for the purpose of promoting school safety and reducing schoolsite violence.   This bill, the Safe Classrooms Act, would appropriate $850,000,000 from the General Fund to the Superintendent for allocation to school districts and charter schools for the purpose of funding projects that address classroom and school facility safety improvements. The bill would specify that eligible projects include, among other things, security threat assessment surveys and school facility safety improvements. The bill would require the Superintendent to establish an application process for school districts and charter schools to apply for funding of these projects, and would require the Superintendent, in approving the applications, to consider equitable distribution between school districts and charter schools in urban and rural areas and pupil enrollment.   Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.   This bill would declare that it is to take effect immediately as an urgency statute.   Existing law states that the Legislature finds that the sentence in all capital cases should be imposed expeditiously. Existing law generally requires that the opening appellate brief to the Supreme Court be filed no later than 7 months after certification of the trial record for completeness in all cases in which the sentence of death has been imposed. Existing law states that it is the Legislature's goal that the appeal be decided and an opinion reaching the merits be filed within 210 days of the completion of that briefing. Existing law states that the failure to comply with these time limits shall not be a ground for granting relief from a judgment of conviction or sentence of death.   This bill would make technical, nonsubstantive changes to these provisions.  Vote:  majority   2/3  . Appropriation:  no   yes  . Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   This act shall be known, and may be cited, as the Safe Classrooms Act.   SEC. 2.   Section 32254.5 is added to the   Education Code   , to read:   32254.5. (a) The sum of eight hundred fifty million dollars ($850,000,000) is hereby appropriated from the General Fund to the Superintendent for allocation to school districts and charter schools offering kindergarten and any of grades 1 to 12, inclusive, for the purpose of funding projects that address classroom and school facility safety improvements. Eligible projects include, but are not limited to, the following: (1) School facility safety improvements, including any of the following: (A) Improvements that control physical access into the school buildings and utility rooms, including improvements to exterior doors, windows, fixed ladders, and designated entrances. (B) Improvements to school parking lots used for dropping off and picking up pupils, teacher and school personnel parking lots, and access pathways. (C) Improvements to access through the main entrance, including locks, door types, and vestibules. (D) Improvements to emergency lighting systems used to guide pupils, teachers, and school personnel to safety during power outages. (E) Improvements to fences and gates. (F) Installation or improvements to cameras or surveillance systems. (2) Lock and key mechanisms for doors, either electronic or mechanical, to control ingress and egress. (3) Public address systems, emergency communications, phones and data communications, and emergency and school police radio equipment. (4) Security threat assessment surveys. (5) Emergency training, and reevaluation of administrative policies and procedures. (b) The Superintendent shall establish an application process for school districts and charter schools to apply for funding of projects described in subdivision (a). (c) In approving applications, the Superintendent shall consider both of the following: (1) Equitable distribution between school districts and charter schools in urban and rural areas. (2) Pupil enrollment in the school district or charter school.   SEC. 3.   This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:   In order to continue to protect children and efficiently finance their continued safety while in school at the earliest possible time, it is necessary that this bill take effect immediately.   SECTION 1.   Section 190.6 of the Penal Code is amended to read: 190.6. (a) The Legislature finds that the sentence in all capital cases should be imposed expeditiously. (b) Therefore, in all cases in which a sentence of death has been imposed on or after January 1, 1997, the opening appellate brief in the appeal to the State Supreme Court shall be filed no later than seven months after the certification of the record for completeness under subdivision (d) of Section 190.8 or receipt by the appellant's counsel of the completed record, whichever is later, except for good cause. However, in those cases where the trial transcript exceeds 10,000 pages, the briefing shall be completed within the time limits and pursuant to the procedures set by the rules of court adopted by the Judicial Council. (c) In all cases in which a sentence of death has been imposed on or after January 1, 1997, it is the Legislature's goal that the appeal be decided and an opinion reaching the merits be filed within 210 days of the completion of the briefing. However, where the appeal and a petition for writ of habeas corpus is heard at the same time, the petition should be decided and an opinion reaching the merits should be filed within 210 days of the completion of the briefing for the petition. (d) The failure of the parties or the Supreme Court to meet or comply with the time limit provided by this section is not a ground for granting relief from a judgment of conviction or sentence of death.