BILL NUMBER: AB 1433 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 10, 2014
INTRODUCED BY Assembly Member Gatto
( Principal coauthor: Assembly Member
Lowenthal )
( Coauthors: Assembly Members
Brown, Chávez, Quirk-Silva,
Ting, Wieckowski, and Yamada )
JANUARY 6, 2014
An act to amend Section 67381 of , and to add Section 67383
to, the Education Code, relating to student safety, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1433, as amended, Gatto. Student safety.
Existing law, the Kristin Smart Campus Safety Act of 1998,
requires the governing boards board 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 by a victim of a Part 1 violent
crime crime, sexual assault, as defined,
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. without identifying the victim, unless
the victim consents to being identified. 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.
This bill would provide that 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 each private and independent postsecondary institution shall, on
or before July 1, 2015, adopt and implement written policies and
procedures to ensure that any report of a Part 1 violent crime,
sexual assault, or hate crime, committed on or off campus, received
by any employee and made by the victim for purposes of notifying the
institution or law enforcement, is immediately forwarded to the
appropriate law enforcement agency, as provided. The bill would
require that the report be forwarded to the appropriate law
enforcement agency without identifying the victim, unless the victim
consents to being identified. By imposing additional duties on
community college districts, 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
boards 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 do all of the following:
(1) Designate which law enforcement agency shall have operational
responsibility for the investigation of each Part 1 violent crime.
(2) Delineate the specific geographical boundaries of each agency'
s operational responsibility, including maps as necessary.
(3) Require any report by a victim of a Part 1 violent
crime , sexual assault, or hate crime,
crime as defined described 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. without
identifying the victim , unless the victim consents to
being identified.
(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) "Sexual assault" includes, but is not limited to, rape, forced
sodomy, forced oral copulation, rape by a foreign object, sexual
battery, or threat of sexual assault.
(2)
(3) "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)
(4) "Independent postsecondary institutions" means
institutions operating with peace officers
pursuant to Section 830.6 of the Penal Code or security
officers 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. Section 67383 is added to the
Education Code , to read:
67383. (a) 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
each private and independent postsecondary institution shall, on or
before July 1, 2015, adopt and implement written policies and
procedures to ensure that any report of a Part 1 violent crime,
sexual assault, or hate crime, committed on or off campus, received
by any employee and made by the victim for purposes of notifying the
institution or law enforcement, is immediately forwarded to the
appropriate law enforcement agency.
(b) The report shall be forwarded to the appropriate law
enforcement agency without identifying the victim, unless the victim
consents to being identified.
(c) For purposes of this section, the appropriate law enforcement
agency shall be a campus law enforcement agency if one has been
established on the campus where the report was made. If no campus law
enforcement agency has been established, the report shall be
immediately forwarded to a local law enforcement agency.
(d) As used in this section, the following terms have the
following meanings:
(1) "Hate crime" means any offense as described in Section 422.55
of the Penal Code.
(2) "Local law enforcement agency" means a city or county law
enforcement agency with operational responsibilities for police
services in the community in which a campus is located.
(3) "Sexual assault" includes, but is not limited to, rape, forced
sodomy, forced oral copulation, rape by a foreign object, sexual
battery, or threat of sexual assault.
(4) "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.
SEC. 2. SEC. 3. 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. SEC. 4. 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.