BILL NUMBER: AB 913 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Santiago
FEBRUARY 26, 2015
An act to amend Section 67381 of the Education Code, relating to
student safety.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 67381 of the Education Code is amended to read:
67381. (a) The Legislature reaffirms that campus law enforcement
agencies have the primary authority for providing police or security
services, including the investigation of criminal activity, to their
campuses.
(b) The governing board of each community college district, the
Trustees of the California State University, the Regents of the
University of California, and the governing board of independent
postsecondary institutions, as defined, shall adopt rules requiring
each of their respective campuses to enter into written agreements
with local law enforcement agencies that clarify operational
responsibilities for investigations of Part 1 violent crimes ,
sexual assaults, and hate crimes occurring on each
campus.
(c) Local law enforcement agencies shall enter into written
agreements with campus law enforcement agencies if there are college
or university campuses located in the jurisdictions of the local law
enforcement agencies.
(d) Each written agreement entered into pursuant to this section
shall designate which law enforcement agency shall have operational
responsibility for the investigation of each Part 1 violent crime
, sexual assault, and hate crime, and delineate the
specific geographical boundaries of each agency's operational
responsibility, including maps as necessary.
(e) Written agreements entered into pursuant to this section shall
be in place and available for public viewing by July 1, 1999. Each
of the entities identified in subdivision (b) shall transmit a copy
of each written agreement it has entered into pursuant to this
section, and any other information it deems pertinent to its
implementation of this section, to the Legislative Analyst on or
before September 1, 1999.
(e) A written agreement entered into pursuant to this section
shall be updated and made available for public viewing by July 1,
2016, and every five years thereafter.
(f) Each agency shall be responsible for its own costs of
investigation unless otherwise specified in a written agreement.
(g) Nothing in this section shall affect existing written
agreements between campus law enforcement agencies and local law
enforcement agencies that otherwise meet the standards contained in
subdivision (d) or any existing mutual aid procedures established
pursuant to state or federal law.
(h) Nothing in this section shall be construed to limit the
authority of campus law enforcement agencies to provide police
services to their campuses.
(i) As used in this section, the following terms have the
following meanings:
(1) "Local law enforcement agencies" means city or county law
enforcement agencies with operational responsibilities for police
services in the community in which a campus is located.
(2) "Part 1 violent crimes" means willful homicide, forcible rape,
robbery, and aggravated assault, as defined in the Uniform Crime
Reporting Handbook of the Federal Bureau of Investigation.
(3) "Hate crime" means any offense described in Section 422.55 of
the Penal Code.
(4) "Sexual assault" includes, but is not limited to, rape, forced
sodomy, forced oral copulation, rape by a foreign object, sexual
battery, or threat of any of these.
(3)
(5) "Independent postsecondary institutions" means
institutions operating pursuant to Section 830.6 of the Penal Code or
pursuant to a memorandum of understanding as described in
subdivision (b) of Section 830.7 of the Penal Code.
(j) This section shall be known and may be cited as the Kristin
Smart Campus Safety Act of 1998.
(k) It is the intent of the Legislature by enacting this section
to provide the public with clear information regarding the
operational responsibilities for the investigation of crimes
occurring on university and college campuses by setting minimum
standards for written agreements to be entered into by campus law
enforcement agencies and local law enforcement agencies.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.