BILL NUMBER: AB 1433	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2014
	AMENDED IN ASSEMBLY  MARCH 10, 2014

INTRODUCED BY   Assembly Member Gatto
   (Principal  coauthor:   Assembly Member
  Lowenthal   coauthors:  
Assembly Members   Lowenthal   and Weber  )
   (Coauthors: Assembly Members Brown,  Campos,  Chávez,
Quirk-Silva, Ting, Wieckowski, and Yamada)

                        JANUARY 6, 2014

   An act to amend Section  67381   67380 
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 board of each community
college district, the Trustees of the California State University,
 the Board of Directors of the Hastings College of the Law, 
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 
 postsecondary educational institutions receiving public funds
for student financial assistance to require the appropriate officials
at each campus to compile records of specified crimes and
noncriminal acts reported to campus police, campus security
personnel, campus safety authorities, or designated campus
authorities. This provision does not apply to the governing boards of
private postsecondary educational institutions with fewer than 1,000
students, or to campuses of public postsecondary educational systems
with 1,000 or fewer students. This provision also does not apply to
the California Community Colleges unless and until the Legislature
makes funds available to the California Community Colleges for
purposes of this provision  .
    This bill would  provide that the written agreement shall
also  require any report by a victim of a Part 1 violent
crime, sexual assault,  as defined,  or hate crime
 , as defined,  received by a campus law enforcement agency
to be immediately  reported   disclosed  to
the appropriate local law enforcement agency without identifying the
victim, unless the victim consents to being identified. By 
requiring   creating new duties for  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 67380 of the  
Education Code   is amended to read: 
   67380.  (a) 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, the Regents of the
University of California, and the governing board of any
postsecondary educational institution receiving public funds for
student financial assistance shall do all of the following:
   (1) Require the appropriate officials at each campus within their
respective jurisdictions to compile records of both of the following:

   (A) All occurrences reported to campus police, campus security
personnel, or campus safety authorities of, and arrests for, crimes
that are committed on campus and that involve violence, hate
violence, theft, destruction of property, illegal drugs, or alcohol
intoxication.
   (B) All occurrences of noncriminal acts of hate violence reported
to, and for which a written report is prepared by, designated campus
authorities.
   (2) Require any written record of a noncriminal act of hate
violence to include, but not be limited to, the following:
   (A) A description of the act of hate violence.
   (B) Victim characteristics.
   (C) Offender characteristics, if known.
   (3) (A) Make the information concerning the crimes compiled
pursuant to subparagraph (A) of paragraph (1) available within two
business days following the request of any student or employee of, or
applicant for admission to, any campus within their respective
jurisdictions, or to the media, unless the information is the type of
information exempt from disclosure pursuant to subdivision (f) of
Section 6254 of the Government Code, in which case the information is
not required to be disclosed. Notwithstanding paragraph (2) of
subdivision (f) of Section 6254 of the Government Code, the name of a
victim of any crime defined by Section 261, 262, 264, 264.1, 273a,
273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the
Penal Code shall not be disclosed without the permission of the
victim, or the victim's parent or guardian if the victim is a minor.
   (B) For purposes of this paragraph and subparagraph (A) of
paragraph (1), the campus police, campus security personnel, and
campus safety authorities described in subparagraph (A) of paragraph
(1) shall be included within the meaning of "state or local police
agency" and "state and local law enforcement agency," as those terms
are used in subdivision (f) of Section 6254 of the Government Code.
   (4) Require the appropriate officials at each campus within their
respective jurisdictions to prepare, prominently post, and copy for
distribution on request, a campus safety plan that sets forth all of
the following: the availability and location of security personnel,
methods for summoning assistance of security personnel, any special
safeguards that have been established for particular facilities or
activities, any actions taken in the preceding 18 months to increase
safety, and any changes in safety precautions expected to be made
during the next 24 months. For the purposes of this section, posting
and distribution may be accomplished by including relevant safety
information in a student handbook or brochure that is made generally
available to students.
   (5) Require the appropriate officials at each campus within their
respective jurisdictions to report information compiled pursuant to
paragraph (1) relating to hate violence to the governing board,
trustees, board of directors, or regents, as the case may be. The
governing board, trustees, board of directors, or regents, as the
case may be, shall, upon collection of that information from all of
the campuses within their jurisdiction, transmit a report containing
a compilation of that information to the Legislative Analyst no later
than January 1 of each year and shall make the report available to
the general public on the Internet Web site of each respective
institution. It is the intent of the Legislature that 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, the Regents of the University of California, and
the governing board of any postsecondary educational institution
receiving public funds for student financial assistance establish
guidelines for identifying and reporting occurrences of hate
violence. It is the intent of the Legislature that the guidelines
established by these institutions of higher education be as
consistent with each other as possible. These guidelines shall be
developed in consultation with the Department of Fair Employment and
Housing and the California Association of Human Rights Organizations.

   (6) Require any report made by a victim or an employee pursuant to
Section 67383 of a Part 1 violent crime, sexual assault, or hate
crime as described in Section 422.55 of the Penal Code, received by a
campus law enforcement agency, to be immediately disclosed to the
local law enforcement agency with which the institution has a written
agreement pursuant to Section 67381, without identifying the victim,
unless the victim consents to being identified. 
   (b) Any person who is refused information required to be made
available pursuant to subparagraph (A) of paragraph (1) of
subdivision (a) may maintain a civil action for damages against any
institution that refuses to provide the information, and the court
shall award that person an amount not to exceed one thousand dollars
($1,000) if the court finds that the institution refused to provide
the information.
   (c) For purposes of this  section, "hate  
section: 
    (1)     "Hate  violence" means any act
of physical intimidation or physical harassment, physical force or
physical violence, or the threat of physical force or physical
violence, that is directed against any person or group of persons, or
the property of any person or group of persons because of the
ethnicity, race, national origin, religion, sex, sexual orientation,
gender identity, gender expression, disability, or political or
religious beliefs of that person or group. 
   (2) "Part 1 violent crime" means willful homicide, forcible rape,
robbery, or aggravated assault, as defined in the Uniform Crime
Reporting Handbook of the Federal Bureau of Investigation.  

   (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 any of these. 
   (d) This section does not apply to the governing board of a
private postsecondary educational institution receiving funds for
student financial assistance with a full-time enrollment of less than
1,000 students.
   (e) This section shall apply to a campus of one of the public
postsecondary educational systems identified in subdivision (a) only
if that campus has a full-time equivalent enrollment of more than
1,000 students.
   (f) Notwithstanding any other provision of this section, this
section shall not apply to the California Community Colleges unless
and until the Legislature makes funds available to the California
Community Colleges for the purposes of this section. 
  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 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 as 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
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.
   (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.
   (4) "Independent postsecondary institutions" means institutions
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) "Part 1 violent crime" means willful homicide, forcible rape,
robbery, or aggravated assault, as defined in the Uniform Crime
Reporting Handbook of the Federal Bureau of Investigation. 

   (3) 
    (   4)  "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
  any of these  . 
   (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. 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. 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.