Amended in Assembly May 23, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 20, 2014

Amended in Assembly March 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1433

Introduced by Assembly Member Gatto

(Principal coauthors: Assembly Members Lowenthal and Weber)

(Coauthors: Assembly Members Brown, Campos, Chávez, Quirk-Silva, Ting, begin insert Waldron, end insert Wieckowski, and Yamada)

January 6, 2014

An act to amend Section 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 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 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 require any report by a victim of a Part 1 violent crime, sexual assault, or hate crime, as defined, received by a campus law enforcement agency to be immediately, or as soon as practicably possible, disclosed to the appropriate local law enforcement agency without identifying the victim, unless the victim consents to being identified. The bill would prohibit a report to a local law enforcement agency from identifying the alleged assailant if the victim does not consent to being identified. By creating new duties for community college districts, 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, begin insert as defined, end insert received by begin delete any employee, end delete begin insert a campus security authority, as defined, end insert and made by the victim for purposes of notifying the institution or law enforcement, is begin delete immediately end delete begin insert immediately, or as soon as practicably possible, end insert 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 begin delete request end delete begin insert request, end insert 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 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’s
Office 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
Relations 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,
or as soon as practicably possible, 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. If the victim
does not consent to being identified, the alleged assailant shall not
be identified in the information disclosed to the local law
enforcement agency.

(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:

(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 the 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.

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 begin delete any employee, end delete begin insert a campus security authority, as defined pursuant
to Section 668.46 of Title 34 of the Code of Federal Regulations,
as that section existed on May 15, 2014, end insert and made by the victim
for purposes of notifying the institution or law enforcement, is
begin delete immediately end delete begin insert immediately, or as soon as practicably possible, end insert
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 begin insert , or as soon as practicably possible, end insert forwarded to a
local law enforcement agency.

(d) For purposes of this section:

(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.

begin insert

(3) “On or off campus” means the campus and any noncampus
building or property as defined in Section 668.46 of Title 34 of the
Code of Federal Regulations, as that section existed on May 15,
2014.

end insert begin delete

(3)

end delete

begin insert ( end insert begin insert 4) end insert  “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.

begin delete

(4)

end delete

begin insert ( end insert begin insert 5) end insert  “Sexual assault” includes, but is not limited to, rape, forced
sodomy, forced oral copulation, rape by a foreign object, sexual
battery, or the threat of any of these.

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.