(a) "Aggregated
data," means the information contained on all of the completed California Safe
Schools Assessment School Crime and Incident Reporting Forms (July 1, 2001)
collected during each reporting period by the school district or county office
of education from each school, program, or camp within the jurisdiction of the
superintendent of the respective school district or county office of
education.
(b) Crime
classifications
(1) Arson
"Arson" means the willful and malicious setting fire to
or burning any structure or property, regardless of the value of the property.
Arson does not include one burning his or her own property, unless there is
injury to another person or another person's property. Reporting for the
purposes of the Safe Schools Assessment Program shall be limited to incidents
of arson that result in an economic loss of $100 or more to an individual, the
school district or county office of education.
(2) Assault with a deadly weapon
"Assault with a deadly weapon" means the use of a
firearm, deadly weapon or instrument other than a firearm or by any means of
force likely to produce great bodily injury. A deadly weapon can be a firearm;
stun gun or taser; bows and arrows; knives or other cutting instruments; clubs;
bottles; explosives; and body parts, such as teeth, hands, fists, and feet used
with force likely to produce great bodily injury.
(3) Battery
"Battery" means the willful and unlawful use of force or
violence upon the person of another.
(4) Burglary
"Burglary" means any entry with the intent to commit a
theft or any felony, even though force may not have been used to gain
entry.
(5) Destructive
devices
"Destructive devices" means the use of any of the
following for criminal purposes:
(A)
Projectile containing any explosive or incendiary material or any chemical
substance, bomb, facsimile bomb, grenade, explosive missile or similar device
or any launching device.
(B) Weapon
of a caliber greater than 0.60 caliber which fires fixed ammunition or any
ammunition other than a shotgun.
(C) Rocket, rocket propelled projectile, or
any similar device of diameter greater than 0.60 inches or launching
device.
(D) Breakable container
which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit
or less and has a wick or similar device capable of being ignited, other than a
device which is commercially manufactured primarily for the purpose of
illumination.
(E) Sealed device
containing dry ice (CO 2) or other chemically reactive substances assembled for
the purpose of causing an explosion by a chemical reaction.
Included in this category also are written or oral
threats to use destructive devices. Devices such as snappers or poppers,
firecrackers, and fireworks shall not be reported.
(6) Drug and alcohol offenses
"Drug and alcohol offenses" means the possession, use,
sale, or furnishing of any drug, intoxicating liquor, controlled substance, or
toluene, as well as drug paraphernalia, that is prohibited by
law.
(7) Explosive devices
"Explosive devices" means any substance, or combination
of substances, the primary or common purpose of which is detonation or rapid
combustion with criminal intent. Explosives include, but are not limited
to:
(A) Dynamite, nitroglycerin, black
powder, propellant explosives, detonating primers, blasting caps or commercial
boosters.
(B) Substances determined
to be class A and class B explosives by the United States Department of
Transportation.
(C) Nitro carbo
nitrate substances (blasting agent) as classified by the United States
Department of Transportation.
(D)
Any material designated as an explosive by the State Fire Marshal.
(E) Certain class C explosives designated by
the United States Department of Transportation when listed in regulations
adopted by the State Fire Marshal.
Included in this category also are written or oral
threats to use explosive devices. Devices such as snappers or poppers,
firecrackers, and fireworks shall not be reported.
(8) Graffiti
"Graffiti" means any form of unauthorized painting,
writing, or inscription on the property of a school district or county office
of education, regardless of the content or nature of the material used in the
commission of the act. Reporting for the purposes of the Safe Schools
Assessment Program shall be limited to incidents of graffiti that result in an
economic loss of $100 or more to an individual, the school district or county
office of education.
(9)
Hate Crime
"Hate crime" means an act or attempted act against the
person or property of another individual or institution which in any way
manifests evidence of hostility toward the victim because of his or her actual
or perceived race, religion, disability, gender, nationality, or sexual
orientation. This includes, but is not limited to, threatening telephone calls,
hate mail, physical assault, vandalism, cross burning, destruction of religious
symbols, or fire bombings. This paragraph shall include those threats or hate
mail sent by electronic communication.
(10) Homicide
"Homicide" means the unlawful killing of a person by
another person.
(11)
Loitering or trespassing
(A) "Loitering" means
to delay, to linger, or to idle about any school location without lawful
business for being present.
(B)
"Trespassing" means the entering of school grounds during school hours without
registering with the site or program administrator, as required by law, and
remaining after being asked to leave, or returning to the school grounds within
thirty days of being asked to leave or within seven days if the person is a
parent or guardian of a student attending the school.
(12) Possession of weapons
"Possession of weapons" means the unauthorized possession
of dangerous weapons, which include, but are not limited to, fire arms or
knives.
(13)
Robbery/extortion
(A) "Robbery" means the
taking of personal property in possession of another, from his person or
immediate presence, and against his will, accomplished by force or
fear.
(B) "Extortion" means the
taking of property from another person without their consent. Extortion is
induced by a threat of force or wrongful use of fear. Extortion may occur over
a period of time. Included in this category are written or oral threats to take
property.
(14) Sex
offenses
"Sex offenses" mean sexual battery, rape, statutory rape,
sodomy, lewd and lascivious conduct with children, oral copulation, and child
molestation.
(15) Theft
"Theft" (larceny) means the taking, leading, driving, or
carrying away of property (including motor vehicles) belonging to another with
the intent to deprive the rightful owner of its use, regardless of the value of
the property. Reporting for the purposes of the Safe Schools Assessment Program
shall be limited to incidents of theft that result in an economic loss of $50
or more to the individual, school district, or county office of
education.
(16) Vandalism
"Vandalism" (to school, student, or employee property on
school location) means the malicious defacing, damaging, or destroying of
property. Reporting for the purposes of the Safe Schools Assessment Program
shall be limited to incidents of vandalism that result in an economic loss of
$100 or more to the individual, school district, or county office of
education.
(c)
"Economic loss" means (except in the case of arson) the gross dollar loss as a
result of a crime committed against the property of an individual, school
district or county office of education before any insurance claim payments,
restitution by students, or restitution by parents or guardians. In the case of
arson, "economic loss" means the estimated cost of the economic loss to the
individual, school district or county office incurred as a result of the
arson.
(d) "Hate motivated
incident" means an act or attempted act which constitutes an expression of
hostility against a person or property or institution because of the victim's
real or perceived race, religion, disability, gender, nationality, or sexual
orientation. A hate motivated incident can be using bigoted insults, taunts, or
slurs; distributing or posting hate group literature or posters; defacing,
removing, or destroying posted materials or announcements; or posting or
circulating demeaning jokes or leaflets. This subsection shall include those
expressions of hostility sent by electronic communication.
(e) "Intentionally misleading data" means
data that the school district or county office of education superintendent
intentionally withheld that clearly should have been reported, or data
submitted that was known or reasonably should have been known to be misleading
or false.
(f) "Location" means the
places where, and the times when, school personnel have supervisory
responsibility for pupils, that include the following:
(1) On campus, including before or after
school, and during lunch and recess.
(2) On a school bus, to or from school, or to
or from a school-sponsored activity.
(3) Off campus during lunch or at a
school-sponsored activity.
(4) On
the way directly to and from school or at a school-sponsored
activity.
(g)
"Non-student" means a person, regardless of age, not enrolled in the school or
program reporting the crime, including hate crime or hate motivated
incident.
(h) "Reportable crime"
means an act that (1) is a violation of an existing criminal statute, (2)
involves school activities or school-sponsored activities conducted by school
districts or county offices of education, and (3) is reportable to local law
enforcement as a crime, including hate crime, whether or not a crime report is
filed with the local law enforcement. The reportable crime classifications are
described above in subsection (b).
(i) "Reportable hate motivated incident"
means an act or attempted act that (1) is a violation of an existing civil
rights statute, and (2) involves school activities or school-sponsored
activities conducted by school districts or county offices of education. The
reportable hate motivated incident classification is described above in
subsection (d).
(j) "Safe schools
assessment" means the reporting of crime, including hate crime and hate
motivated incidents, committed at a location, as defined above in subsection
(f).
(k) "School bus" means a bus
that is owned or leased by the school district or county office of education
for the purpose of transporting students or staff members to or from school or
school-sponsored activities.
(l)
"Site or program administrator" means the school or program site person who has
responsibility for compiling the school crime and hate motivated incident data
and reporting the crime and incident data to the respective school district or
county office of education superintendent. The site or program administrator
can be, but is not limited to, school site principals, vice principals,
counselors, and coordinators or directors of county-operated
programs.
(m) "Student" means a
person enrolled in the school or program reporting the crime or
incident.
(n) "Suspect" means a
person reasonably suspected of having committed the crime or
incident.
(o) "Victim," as it
relates to crimes against persons, including hate crimes and hate motivated
incidents, means a person against whom a crime or incident was
committed.
Notes
Cal. Code
Regs. Tit. 5, §
700
1. New
subchapter 3, article 7 and section filed 9-13-95 as an emergency; operative
9-13-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted
to OAL by 1-11-96 or emergency language will be repealed by operation of law on
the following day.
2. Editorial correction deleting duplicative
subchapter 3 heading (Register 96, No. 7).
3. Certificate of
Compliance as to 9-13-95 order including amendment of subsections (b)(1),
(b)(5), (b)(7), (b)(14), renumbering of (b)(16) to (b)(15), and amendment of
subsection (h) transmitted to OAL 1-4-96 and filed 2-13-96 (Register 96, No.
7).
4. Amendment of subsections (a), (b)(10)(B), and (b)(13) and
amendment of NOTE filed 8-4-98; operative 8-4-98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 32).
5. Amendment filed
8-1-2001; operative 8-1-2001 pursuant to Government Code Section 11343.4
(Register 2001, No. 31).
Note: Authority cited: Section 33031, Education Code;
and Section 628.1, Penal Code. Reference: Section 25608, Business and
Professions Code; Sections 44807 and 48900, Education Code; Sections 11014.5,
11018, 11054- 11058, 11351, 11357, 11359, 11360, 11364, 11364.7, 11550, 11680,
11681 and 12000, Health and Safety Code; and Sections 71, 148.1, 187, 192, 211,
212, 242, 243.2, 243.4, 244.5, 245, 245.5, 261, 261.5, 286, 288, 288a, 308(b),
380, 381, 417, 417.4, 451, 452, 459, 484, 487, 488, 518, 519, 594, 626.7-
626.9, 628- 628.6, 640.5, 647(f), 647.6, 653(g), 12020, 12220, 12301(a),
12403.7(d) and 12403.8, Penal Code.
1. New subchapter
3, article 7 and section filed 9-13-95 as an emergency; operative 9-13-95
(Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL
by 1-11-96 or emergency language will be repealed by operation of law on the
following day.
2. Editorial correction deleting duplicative
subchapter 3 heading (Register 96, No. 7).
3. Certificate of
Compliance as to 9-13-95 order including amendment of subsections (b)(1),
(b)(5), (b)(7), (b)(14), renumbering of (b)(16) to (b)(15), and amendment of
subsection (h) transmitted to OAL 1-4-96 and filed 2-13-96 (Register 96, No.
7).
4. Amendment of subsections (a), (b)(10)(B), and (b)(13) and
amendment of Note filed 8-4-98; operative 8-4-98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 32).
5. Amendment filed
8-1-2001; operative 8-1-2001 pursuant to Government Code Section 11343.4
(Register 2001, No. 31).
