AB 913, as amended, 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 bebegin delete updatedend deletebegin insert reviewed, updated if necessary,end insert 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 crimes, sexual
14assaults,
and hate crimes 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 crime, sexual assault, and hate crime, and delineate the
23specific geographical boundaries of each agency’s operational
24responsibility, including maps as necessary.
25(e) A written agreement entered into pursuant to this section
26shall bebegin delete updatedend deletebegin insert
reviewed, updated if necessary,end insert and made
P3 1available for public viewing by July 1, 2016, and every five years
2thereafter.
3(f) Each agency shall be responsible for its own costs of
4investigation unless otherwise specified in a written agreement.
5(g) Nothing in this section shall affect existing written
6agreements between campus law enforcement agencies and local
7law enforcement agencies that otherwise meet the standards
8contained in subdivision (d) or any existing mutual aid procedures
9established pursuant to state or federal law.
10(h) Nothing in this section shall be construed to limit the
11authority of campus law enforcement agencies to provide police
12services to their campuses.
13(i) As used in this section, the following terms have the
14following meanings:
15(1) “Local law enforcement agencies” means city or county law
16enforcement agencies with operational responsibilities for police
17services in the community in which a campus is located.
18(2) “Part 1 violent crimes” means willful homicide, forcible
19rape, robbery, and aggravated assault, as defined in the Uniform
20Crime Reporting Handbook of the Federal Bureau of Investigation.
21(3) “Hate crime” means any offense described in Section 422.55
22of the Penal Code.
23(4) “Sexual assault” includes, but is not limited to, rape, forced
24sodomy,
forced oral copulation, rape by a foreign object, sexual
25battery, or threat of any of these.
26(5) “Independent postsecondary institutions” means institutions
27operating pursuant to Section 830.6 of the Penal Code or pursuant
28to a memorandum of understanding as described in subdivision
29(b) of Section 830.7 of the Penal Code.
30(j) This section shall be known and may be cited as the Kristin
31Smart Campus Safety Act of 1998.
32(k) It is the intent of the Legislature by enacting this section to
33provide the public with clear information regarding the operational
34responsibilities for the investigation of crimes occurring on
35university and college campuses by setting minimum standards
36for written agreements to be entered into by
campus law
37enforcement agencies and local law enforcement agencies.
If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P4 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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