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  designate   do all of the following:

    (1)     Designate  which law
enforcement agency shall have operational responsibility for the
investigation of each Part 1 violent  crime and delineate
  crime. 
    (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.