BILL NUMBER: AB 1433 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gatto JANUARY 6, 2014 An act to amend Section 67381 of the Education Code, relating to student safety, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1433, as introduced, Gatto. Student safety. Existing law, the Kristin Smart Campus Safety Act of 1998, requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions to adopt rules requiring each of their respective campuses to enter into a written agreement with local law enforcement agencies relating to Part 1 violent crimes. Existing law requires the written agreement to designate which law enforcement agency has operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency's operational responsibility, including maps as necessary. This bill would provide that the written agreement shall also require any report of a Part 1 violent crime or hate crime received by a campus law enforcement agency to be immediately reported to the appropriate local law enforcement agency if the victim consents, and forbid such a report absent that consent. By requiring community college districts and local law enforcement agency to enter into a written agreement in regard to a new obligation, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 67381 of the Education Code is amended to read: 67381. (a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. (b) The governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall 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 1 violent crimes occurring on each campus. (c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses located in the jurisdictions of the local law enforcement agencies. (d) Each written agreement entered into pursuant to this section shall
designatedo all of the following: (1) Designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineatecrime. (2) Delineate the specific geographical boundaries of each agency's operational responsibility, including maps as necessary. (3) Require any report of a Part 1 violent crime or hate crime, as defined in Section 422.55 of the Penal Code, received by a campus law enforcement agency to be immediately reported to the appropriate local law enforcement agency if the victim consents, and forbid such a report absent that consent. (e) Written agreements entered into pursuant to this section shall be in place and available for public viewing by July 1, 1999. Each of the entities identified in subdivision (b) shall transmit a copy of each written agreement it has entered into pursuant to this section, and any other information it deems pertinent to its implementation of this section, to the Legislative Analyst on or before September 1, 1999. (f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement. (g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law. (h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses. (i) As used in this section, the following terms have the following meanings: (1) "Local law enforcement agencies" means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located. (2) "Part 1 violent crimes" means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. (3) "Independent postsecondary institutions" means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code. (j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998. (k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 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 ensure student safety by requiring the effective reporting of Part 1 violent crimes and hate crimes, at the earliest possible time, it is necessary that this act take effect immediately.