BILL NUMBER: AB 2583 CHAPTERED 09/29/02 CHAPTER 1066 FILED WITH SECRETARY OF STATE SEPTEMBER 29,2002 PASSED THE ASSEMBLY AUGUST 21, 2002 PASSED THE SENATE AUGUST 19, 2002 AMENDED IN SENATE AUGUST 14, 2002 AMENDED IN SENATE AUGUST 12, 2002 AMENDED IN SENATE AUGUST 5, 2002 AMENDED IN SENATE JUNE 20, 2002 AMENDED IN SENATE JUNE 4, 2002 AMENDED IN ASSEMBLY MAY 1, 2002 AMENDED IN ASSEMBLY APRIL 15, 2002 INTRODUCED BY Assembly Member Chu (Principal coauthor: Assembly Member Alquist) (Coauthors: Assembly Members Chavez, Cohn, Diaz, Keeley, Koretz, Robert Pacheco, Strom-Martin, and Vargas) (Coauthor: Senator Kuehl) FEBRUARY 21, 2002 An act to add and repeal Section 67385.3 of the Education Code, relating to postsecondary education, and making an appropriation therefor. (Approved by Governor September 29, 2002. Filed with Secretary of State September 29, 2002.) I am signing Assembly Bill 2583. This bill would establish the California Campus Sexual Assault Task Force to develop a uniform system for gathering information pertaining to campus sex crimes and to create a set of model guidelines for addressing these crimes on higher education campuses. The 15-member task force would be required to present a report to the Legislature by April 1, 2004. The bill also appropriates $125,000 to the Office of Criminal Justice Planning (OCJP). Addressing campus sex crimes is a worthwhile endeavor. This bill appropriates $125,000 General Fund at a time when the State is experiencing a server revenue shortfall. Therefore, I am deleting the funding and directing OCJP to absorb the costs of the task force from within existing resources. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST AB 2583, Chu. Postsecondary education: sexual assault. Existing law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. Among other things, the act requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, to the extent the regents make the act applicable, and the governing board of independent postsecondary institutions, as defined, to adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part I violent crimes, as defined, occurring on each campus. The act also requires the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, and the Regents of the University of California, to the extent the regents make the act applicable, to each adopt, and implement at each of their campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault, as defined, committed at or upon grounds of, or upon off-campus grounds or facilities maintained by the institution, or upon grounds or facilities maintained by affiliated student organizations, receive treatment and information. This bill would establish a 15-member California Campus Sexual Assault Task Force, and provide for the appointment of those members and their duties. The bill would require the task force, assisted by an entity selected through a competitive bidding process, to gather data about sexual assault issues from the various campuses of the University of California, the California State University, and the California Community Colleges, and from a sample of the private institutions of higher education in the state. The bill would require the task force to submit a report incorporating this data to the Legislature on or before April 1, 2004. The bill would require the Office of Criminal Justice Planning to administer the task force and to administer the competitive bidding process used to select the data gathering entity. The bill would appropriate $125,000 from the General Fund to the Office of Criminal Justice Planning for expenditure for the support of the task force until December 31, 2004, and for the other purposes of the bill. The provisions of the bill would be repealed as of January 1, 2005, unless a later enacted statute deletes or extends that date. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 67385.3 is added to the Education Code, to read: 67385.3. (a) (1) The California Campus Sexual Assault Task Force is hereby established to assess the status of California's college and university campuses with respect to the incidence of sexual assault. The task force shall have the mission and responsibility to accomplish both of the following: (A) Develop a uniform system for the gathering of information pertaining to sexual assault required by paragraph (1) of subdivision (c) from California institutions of higher education. (B) Create a set of model guidelines for addressing sexual assault issues in institutions of higher education in the State of California. (2) The task force shall consider the data collected pursuant to its responsibilities, and create a "Campus Blueprint to Address Sexual Assault," and present that report in writing to the Legislature on or before April 1, 2004. (b) The task force shall have 15 members. (1) The following 14 members of the task force shall be appointed by the Governor: (A) A representative of the University of California. (B) A representative of the California State University. (C) Two representatives of the California Community Colleges. (D) A representative of the Sexual Assault Branch of the Office of Criminal Justice Planning. (E) Two representatives of private institutions of higher education. (F) Two at-large representatives of the public. (G) Two representatives of rape crisis centers in the state. (H) Two representatives of campus-based sexual assault programs in the state. (I) A representative of the State Department of Health Services. (2) One member of the task force shall be a representative of the Attorney General's office, appointed by the Attorney General. (c) (1) The task force shall be staffed by the entity selected and contracted with pursuant to subdivision (e), and shall gather information pertinent to the report referenced in subdivision (a) from the various campuses of the University of California, the California State University, and the California Community Colleges, and from a sample of private institutions of higher education in the state. This information shall include, but not be limited to, information related to all of the following: (A) Campus law enforcement policies that address sexual assault. (B) Campus law enforcement preparation regarding sexual assault issues. (C) Campus health prevention policies that address sexual assault. (D) Faculty and employee education on sexual assault issues. (E) Sexual assault prevention education programs for students. (F) Victim-sensitive campus judicial policies addressing sexual assault. (G) Compliance with, and policies regarding, the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. 1092(f)). (2) The information gathered pursuant to this subdivision shall not include information the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, the provisions of the Evidence Code relating to privilege. (3) The task force shall conduct public hearings, which shall provide opportunities for receiving input, regarding the proposed guidelines, from concerned stakeholders. (d) The Office of Criminal Justice Planning shall administer the task force, and shall support the task force in producing the report referenced in subdivision (a). (e) The Office of Criminal Justice Planning shall administer a competitive bidding process for the selection of an entity to perform research, for the report referenced in subdivision (a). The Office of Criminal Justice Planning is hereby authorized to enter into an agreement with the entity that is selected under this subdivision for the provision of these services. (f) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 2. The sum of one hundred twenty-five thousand dollars ($125,000) is appropriated from the General Fund to the Office of Criminal Justice Planning for expenditure for the support of the task force until December 31, 2004, and for the other purposes of Section 1 of this act.