California 2023-2024 Regular Session Status: To Executive

SB 596 — School employees: protection.

Last action — Veto sustained.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Gavin Newsom (Democratic) on January 25, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that any parent, guardian, or other person whose conduct in a place where a school employee is required to be in the course of the employee's duties materially disrupts classwork or extracurricular activities or involves substantial disorder is guilty of a misdemeanor punishable by a fine of not less than $500, nor more than $1,000, or by imprisonment in a county jail not exceeding one year, or by both imprisonment and the fine. Existing law provides for certain minimum periods of imprisonment in a county jail for 2nd and subsequent convictions for the above-described offenses, and prohibits release on any basis until those minimum periods are served, as specified. This bill would apply these misdemeanors to any adult instead of a parent, guardian, or other person and would eliminate the prohibition on release prior to the minimum period of incarceration applicable to a 2nd conviction, as provided. This bill would specify, for purposes of the above-described offense, that "substantial disorder" includes substantial disorder at any meeting of the governing board of a school district, the governing body of a charter school, a county board of education, or the State Board of Education. To the extent the bill expands the scope of an existing crime, the bill would impose a state-mandated local program. This bill would provide that any adult who subjects a school employee, as defined, to harassment or makes a credible threat against the employee or the employee's family, while the employee is away from a schoolsite or after school hours, for reasons related to the employee's course of duties is guilty of a misdemeanor. The bill would define harassment and credible threat for these purposes. By creating a new crime, this bill would impose a state-mandated local program. This bill would provide that the misdemeanors discussed above do not apply to the conduct of a pupil who is an individual with exceptional needs if it is determined that the pupil's conduct was caused by, or had a direct and substantial relationship to, the pupil's disability. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Veto sustained.

  2. Stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 4:30 p.m.

  6. Assembly amendments concurred in. (Ayes 30. Noes 8. Page 2679.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 65. Noes 8. Page 3163.) Ordered to the Senate.

  9. Ordered to third reading.

  10. Read third time and amended.

  11. Assembly Rule 69 suspended.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 12. Noes 3.) (September 1).

  14. August 16 set for first hearing. Placed on suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 11). Re-referred to Com. on APPR.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  17. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 6. Noes 0.) (June 28). Re-referred to Com. on PUB. S.

  18. Referred to Coms. on ED. and PUB. S.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 30. Noes 8. Page 1255.) Ordered to the Assembly.

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 5. Noes 2. Page 1176.) (May 18).

  23. Set for hearing May 18.

  24. May 8 hearing: Placed on APPR suspense file.

  25. Set for hearing May 8.

  26. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 901.) (April 25). Re-referred to Com. on APPR.

  27. Set for hearing April 25.

  28. From committee: Do pass and re-refer to Com. on PUB S. (Ayes 5. Noes 0. Page 682.) (April 12). Re-referred to Com. on PUB S.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  30. Set for hearing April 12.

  31. Referred to Coms. on ED. and PUB S.

  32. From printer. May be acted upon on or after March 18.

  33. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Portantino · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 13 voted No

Sponsors (1)

  • Portantino

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB596 Portantino Concurrence

Passed 30 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9101
Democratic 20101
Republican 1600
Total 30802
% of votes cast 75%20%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

SB 596 Portantino Senate Third Reading By Zbur

Passed 65 Yea · 8 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 47000
Unaffiliated 15401
Republican 3406
Total 65807
% of votes cast 81%10%0%9%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Mathis — Nay
Waldron — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Not Voting
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Not Voting
Dixon, Diane Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Yea
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Nay
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 10000
Unaffiliated 2100
Republican 0201
Total 12301
% of votes cast 75%19%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Soria, Esmeralda Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 1001
Republican 1001
Total 6002
% of votes cast 75%0%0%25%
How each member voted (8)
Member Party Vote
Santiago — Yea
Jones-Sawyer — Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Ortega, Liz Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Not Voting

Official roll call →

3rd Reading

Passed 30 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9101
Democratic 20101
Republican 1600
Total 30802
% of votes cast 75%20%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Subjects

public-safety civil-rights education
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Frequently asked questions

What does SB 596 do?
Existing law provides that any parent, guardian, or other person whose conduct in a place where a school employee is required to be in the course of the employee's duties materially disrupts classwork or extracurricular activities or involves substantial disorder is guilty of a misdemeanor punishable by a fine of not less than $500, nor more than $1,000, or by imprisonment in a county jail not exceeding one year, or by both imprisonment and the fine. Existing law provides for certain minimum periods of imprisonment in a county jail for 2nd and subsequent convictions for the above-described offenses, and prohibits release on any basis until those minimum periods are served, as specified. This bill would apply these misdemeanors to any adult instead of a parent, guardian, or other person and would eliminate the prohibition on release prior to the minimum period of incarceration applicable to a 2nd conviction, as provided. This bill would specify, for purposes of the above-described offense, that "substantial disorder" includes substantial disorder at any meeting of the governing board of a school district, the governing body of a charter school, a county board of education, or the State Board of Education. To the extent the bill expands the scope of an existing crime, the bill would impose a state-mandated local program. This bill would provide that any adult who subjects a school employee, as defined, to harassment or makes a credible threat against the employee or the employee's family, while the employee is away from a schoolsite or after school hours, for reasons related to the employee's course of duties is guilty of a misdemeanor. The bill would define harassment and credible threat for these purposes. By creating a new crime, this bill would impose a state-mandated local program. This bill would provide that the misdemeanors discussed above do not apply to the conduct of a pupil who is an individual with exceptional needs if it is determined that the pupil's conduct was caused by, or had a direct and substantial relationship to, the pupil's disability. 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 no reimbursement is required by this act for a specified reason.
Who sponsors SB 596?
SB 596 is sponsored by Portantino.
What is the current status of SB 596?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 596?
Track SB 596 free on One Click Politics — get push/email alerts when it moves.

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