BILL ANALYSIS Ó
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ASSEMBLY THIRD READING
AB 1433 (Gatto)
As Amended May 23, 2014
Majority vote
HIGHER EDUCATION 12-0 PUBLIC SAFETY 6-0
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|Ayes:|Williams, Chávez, Bloom, |Ayes:|Ammiano, Hagman, |
| |Fong, Jones-Sawyer, | |Jones-Sawyer, Quirk, |
| |Levine, Linder, Medina, | |Stone, Waldron |
| |Olsen, Quirk-Silva, | | |
| |Weber, Wilk | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Gatto, Bigelow, | | |
| |Bocanegra, Bradford, Ian | | |
| |Calderon, Campos, | | |
| |Donnelly, Eggman, Gomez, | | |
| |Holden, Jones, Linder, | | |
| |Pan, Quirk, | | |
| |Ridley-Thomas, Wagner, | | |
| |Weber | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires the governing board of each public, private
and independent postsecondary educational institution, which
receives public funds for student financial assistance, to adopt
and implement written policies and procedures governing the
reporting of specified crimes to law enforcement agencies.
Specifically, this bill :
1) Requires these institutions to require any report made
by a victim to a campus law enforcement agency, regarding a
Part 1 violent crime, sexual assault, or hate crime, to be
disclosed immediately, or as soon as practicably possible,
to the local law enforcement agency where the campus is
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located.
2) Stipulates the report shall not identify the victim
without the victim's consent, and if the victim does not
consent, the alleged assailant shall not be identified.
3) Requires the governing boards of the institutions, by
July 2015, to adopt and implement policies and procedures
to ensure that a report made per (1) received by a campus
security authority is immediately, or as soon as
practicably possible, forwarded to the campus law
enforcement agency, if one has been established, and if one
has not been established, to the local law enforcement
agency.
4) Declares urgency, in order to ensure student safety, and
would take effect immediately.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time state reimbursable costs for community
college districts to adopt the required policies and for each of
the 112 community college campuses to orient appropriate
personnel of the new policies and procedures. Costs would not
be significant at each campus, but could exceed $150,000
statewide.
University of California and California State University would
experience similar costs at each of their respective campuses.
COMMENTS : According to the author, there have been reports at
three California universities that administrators are
underreporting sexual assaults on campus and mishandling cases
in several ways, including underreporting crimes and not
conducting thorough investigations or providing appropriate
outcomes for those found culpable. The author indicates that
law enforcement agencies have expressed concern that they are
not completely aware of crime trends in their jurisdictions
because some university agreements do not require campus
security to pass information along to local law enforcement.
The author believes this bill is necessary to ensure that local
law enforcement agencies are aware of crime trends, by ensuring
campuses pass along reports of Part 1 violent crimes, sexual
assaults, and hate crimes that occur on campus. The author
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believes this will alleviate concerns about some institutions
not properly reporting crime statistics because those reports
will have already been brought to light under the requirement
established by this bill. The author contends this bill could
result in a closer working relationship between campuses and
local police and sheriffs' departments, which will result in
more thorough investigations, better outcomes for victims, and
safer communities.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
FN: 0003623