AB 913, as introduced, Santiago. Student safety.
The Kristin Smart Campus Safety Act of 1998 requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, as defined, to adopt rules requiring each of their respective campuses to enter into a written agreement with local law enforcement agencies relating to certain violent crimes. These agreements are required to designate the law enforcement agency that will have operational responsibility for the investigation of these crimes. Existing law provides that these provisions do not apply to the University of California except to the extent that the regents, by appropriate resolution, make the provisions applicable.
This bill would require these written agreements to designate the law enforcement agency that will have operational responsibility for the investigation of each sexual assault and hate crime, as defined. The bill would also require these written agreements to be updated and made available to the public by July 1, 2016, and every 5 years thereafter. By expanding the duties of community college districts and local law enforcement agencies, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 67381 of the Education Code is amended
2to read:
(a) The Legislature reaffirms that campus law
4enforcement agencies have the primary authority for providing
5police or security services, including the investigation of criminal
6activity, to their campuses.
7(b) The governing board of each community college district,
8the Trustees of the California State University, the Regents of the
9University of California, and the governing board of independent
10postsecondary institutions, as defined, shall adopt rules requiring
11each of their respective campuses to enter into written agreements
12with local law enforcement agencies that clarify operational
13responsibilities for investigations of Part 1 violent crimesbegin insert,
sexual
14assaults, and hate crimesend insert occurring on each campus.
15(c) Local law enforcement agencies shall enter into written
16agreements with campus law enforcement agencies if there are
17college or university campuses located in the jurisdictions of the
18local law enforcement agencies.
19(d) Each written agreement entered into pursuant to this section
20shall designate which law enforcement agency shall have
21operational responsibility for the investigation of each Part 1
22violent crimebegin insert, sexual assault, and hate crime,end insert and delineate the
23specific geographical boundaries of each agency’s operational
24responsibility, including maps as necessary.
25(e) Written agreements entered into pursuant to this section shall
26be in place and available for public viewing by July 1, 1999. Each
27of the entities identified in subdivision (b) shall transmit a copy
28of each written agreement it has entered into pursuant to this
P3 1section, and any other information it deems pertinent to its
2implementation of this section, to the Legislative Analyst on or
3before September 1, 1999.
4(e) A written agreement entered into pursuant to this section
5shall be updated and made available for public viewing by July
61, 2016, and every five years thereafter.
7(f) Each agency shall be responsible for its own costs of
8investigation unless otherwise specified in a written agreement.
9(g) Nothing in this section shall affect existing written
10agreements between campus law enforcement agencies and local
11law enforcement agencies that otherwise meet the standards
12contained in subdivision (d) or any existing mutual aid procedures
13established pursuant to state or federal law.
14(h) Nothing in this section shall be construed to limit the
15authority of campus law enforcement agencies to provide police
16services to their campuses.
17(i) As used in this section, the following terms have the
18following meanings:
19(1) “Local law enforcement agencies” means city or county law
20enforcement agencies with operational responsibilities for police
21services in the community in which a campus is located.
22(2) “Part 1 violent crimes” means willful homicide, forcible
23rape, robbery, and aggravated assault, as defined in the Uniform
24Crime Reporting Handbook of the Federal Bureau of Investigation.
25(3) “Hate crime” means any offense described in Section 422.55
26of the Penal Code.
27(4) “Sexual assault” includes, but is not limited to, rape, forced
28sodomy, forced oral copulation, rape by a foreign object, sexual
29battery, or threat of any of these.
30(3)
end delete
31begin insert(5)end insert “Independent postsecondary institutions” means institutions
32operating pursuant to Section 830.6 of the Penal Code or pursuant
33to a memorandum of understanding as described in subdivision
34(b) of Section 830.7 of the Penal Code.
35(j) This section shall be known and may be cited as the Kristin
36Smart Campus Safety Act of 1998.
37(k) It is the intent of the Legislature by enacting this section to
38provide the public with clear information regarding the operational
39responsibilities for the investigation of crimes occurring on
40university and college campuses by setting minimum standards
P4 1for written agreements to be entered into by campus law
2enforcement agencies and local law enforcement agencies.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
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