BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 636


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          Date of Hearing:   April 7, 2015


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 636  
          (Medina) - As Introduced February 24, 2015


          


          [Note:  This bill is double referred to the Assembly Committee  
          on Public Safety and will be heard in that committee as it  
          relates to issues under its jurisdiction.]     





          SUBJECT:  Postsecondary education:  student safety


          


          SUMMARY:  Authorizes, if an institution determines that an  
          alleged assailant represents a serious or ongoing threat to the  
          safety of the campus and the immediate assistance of police is  
          necessary to contact or detain the assailant, the institution to  
          disclose the identity of the alleged assailant to local law  
          enforcement.   











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          EXISTING LAW:  Requires the governing board of public, private,  
          and independent postsecondary educational institution that  
          receives public funds to ensure any report made by a victim to a  
          campus law enforcement agency, regarding a Part 1 violent crime,  
          sexual assault, or hate crime, is disclosed immediately, or as  
          soon as practicably possible, to the local law enforcement  
          agency where the campus is located; and, 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.  (Education Code Section 67380)


          


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by  
          Legislative Counsel.


          


          COMMENTS:  In response to concerns that California university  
          campus administrators were underreporting sexual assaults and  
          mishandling cases in several ways, Education Code Section 67380  
          was amended last year to require campuses to pass along reports  
          of Part 1 violent crimes, sexual assaults and hate crimes that  
          occur on campus to local law enforcement agencies.  The goal of  
          the requirement was to improve the working relationship between  
          campuses and local police and sheriffs' departments, which could  
          result in more thorough investigations, better outcomes for  
          victims, and safer communities.  













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          Under the new requirement, victims were provided the authority  
          to have their identity withheld from the report to law  
          enforcement.  In such cases, institutions would also be  
          prohibited from identifying the alleged assailant.  Earlier this  
          year, concerns were raised that providing the victim exclusive  
          control over withholding the alleged assailants name from law  
          enforcement could inhibit the ability of university officials to  
          protect the campus community.  





          This bill provides specific circumstances under which a  
          university may release an alleged assailants name to local law  
          enforcement.  This bill does not authorize release of the  
          victim's name to local law enforcement unless the victim has  
          consented to being identified.  According to the author, this  
          bill strikes the appropriate balance to support victims and to  
          protect the larger campus community.      





          REGISTERED SUPPORT / OPPOSITION:


          


          Support


          Association of Independent California Colleges and Universities


          Association of Associated Students of CSU, Sacramento









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          California College and University Police Chiefs


          California District Attorneys Association


          


          Opposition


          


          None on File


          





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





















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