California Penal Code 243.5 – (a) When a person commits an assault or battery on school …
(a) When a person commits an assault or battery on school property during hours when school activities are being conducted, a peace officer may, without a warrant, notwithstanding paragraph (2) or (3) of subdivision (a) of Section 836, arrest the person who commits the assault or battery:
(1) Whenever the person has committed the assault or battery, although not in the peace officer’s presence.
Terms Used In California Penal Code 243.5
- Arrest: Taking physical custody of a person by lawful authority.
- peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
- property: includes both real and personal property. See California Penal Code 7
(2) Whenever the peace officer has reasonable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
(b) “School,” as used in this section, means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college.
(Amended by Stats. 1997, Ch. 324, Sec. 2. Effective January 1, 1998.)