BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1433
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1433 (Gatto)
          As Amended  August 19, 2014
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |79-0 |(May 28, 2014)  |SENATE: |36-0 |(August 21,    |
          |           |     |                |        |     |2014)          |
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          Original Committee Reference:    HIGHER ED.  

           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.   
          Declares urgency, in order to ensure student safety, and would  
          take effect immediately.   

           The Senate amendments  clarify that institutional compliance is a  
          condition of participation in the Cal Grant Program and provide  
          for other technical and clarifying changes to this bill.

           EXISTING LAW  :

          1)Authorizes public and private college administrations to  
            establish law enforcement departments and/or services and  
            provides that campus law enforcement agencies have the primary  
            responsibility for providing police or security services,  
            including the investigation of criminal activity, to their  
            campuses. 

          2)Requires, under the Kristen Smart Campus Safety Act, the  
            University of California, the California State University,  
            California's Community Colleges, and independent colleges that  
            meet specified conditions to enter into specific written  
            agreements, by July 1, 1999, with local law enforcement  
            agencies regarding the coordination and responsibilities for  
            investigating violent crimes which occur on campus.  

          3)Requires governing boards of any postsecondary educational  
            institution receiving public funds with a full-time equivalent  
            enrollment of more than 1,000 students to compile a record of  
            all reported occurrences of specified crimes.  Institutions  








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            are required to report this information to current/former  
            students, employees and the media within two business days of  
            any request. 

          4)The federal Jeanne Clery Disclosure of Campus Security Policy  
            and Campus Crime Statistics Act (Cleary Act) requires colleges  
            and universities, as a condition of federal student aid  
            program participation, to publish annual campus security  
            reports, maintain crime logs, provide timely warnings of  
            crimes that present a public safety risk, and maintain ongoing  
            crime statistics.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, this bill's policy and reporting requirements will  
          likely result in significant additional workload at all  
          postsecondary education institutions in California, to the  
          extent that their existing policies and practices differ from  
          those required by this bill.  The most significant state costs  
          will be for the bill's mandate on community college districts  
          (CCDs), likely $300,000 - $450,000 in one-time costs and  
          $400,000 - $1.3 million annually, in CCD costs to implement  
          these provisions. Campuses will have to comply, as a condition  
          of participation in the Cal Grant program, and will have to  
          absorb those costs.

           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  
          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  








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          more thorough investigations, better outcomes for victims, and  
          safer communities.    

           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960 


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