BILL ANALYSIS Ó AB 1433 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1433 (Gatto) As Amended August 19, 2014 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: |79-0 |(May 28, 2014) |SENATE: |36-0 |(August 21, | | | | | | |2014) | ----------------------------------------------------------------- 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 AB 1433 Page 2 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 AB 1433 Page 3 more thorough investigations, better outcomes for victims, and safer communities. Analysis Prepared by : Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0005063