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 wouldbegin insert,
for the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions,end insert 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, asbegin delete defined. The bill would alsoend deletebegin insert defined, and wouldend insert require these written agreements to be reviewed, updated if necessary, and made available to the public by July 1, 2016, and every 5 years thereafter.begin insert Upon the governing board of a community college district adopting a rule requiring its campuses to update these agreements, the bill would subject the community college district
and its campuses to the requirements imposed on other postsecondary institutions by the bill. The bill would encourage the governing board of each community college district to adopt a rule requiring its respective campuses to update these agreements.end insert 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) Thebegin delete governing board of each community college district, Trustees of the California State University, the Regents of the
8theend delete
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
P3 1college or university campusesbegin insert of the governing entities specified
2in subdivision (b)end insert located in the jurisdictions of the local law
3enforcement agencies.
4(d) Each written agreement entered into pursuant to this section
5shall designate which law enforcement agency shall have
6operational responsibility for the investigation of each Part 1
7violent crime, sexual assault, and hate crime, and delineate the
8specific geographical boundaries of
each agency’s operational
9responsibility, including maps as necessary.
10(e) A written agreement entered into pursuant to this section
11shall be reviewed, updated if necessary, and made available for
12public viewing by July 1, 2016, and every five years thereafter.
13(f) Each agency shall be responsible for its own costs of
14investigation unless otherwise specified in a written agreement.
15(g) Nothing in this section shall affect existing written
16agreements between campus law enforcement agencies and local
17law enforcement agencies that otherwise meet the standards
18contained in subdivision (d) or any existing mutual aid procedures
19established pursuant to state or federal law.
20(h) Nothing in this section shall be construed to limit the
21authority of campus law enforcement agencies to provide police
22services to their campuses.
23(i) As used in this section, the following terms have the
24following meanings:
25(1) “Local law enforcement agencies” means city or county law
26enforcement agencies with operational responsibilities for police
27services in the community in which a campus is located.
28(2) “Part 1 violent crimes” means willful homicide, forcible
29rape, robbery, and aggravated assault, as defined in the Uniform
30Crime Reporting Handbook of the Federal Bureau of Investigation.
31(3) “Hate crime” means any offense described in Section
422.55
32of the Penal Code.
33(4) “Sexual assault” includes, but is not limited to, rape, forced
34sodomy, forced oral copulation, rape by a foreign object, sexual
35battery, or threat of any of these.
36(5) “Independent postsecondary institutions” means institutions
37operating pursuant to Section 830.6 of the Penal Code or pursuant
38to a memorandum of understanding as described in subdivision
39(b) of Section 830.7 of the Penal Code.
P4 1(j) This section shall be known and may be cited as the Kristin
2Smart Campus Safety Act of 1998.
3(k) It is the intent of the Legislature by enacting this section to
4provide the public with clear information regarding the operational
5responsibilities
for the investigation of crimes occurring on
6university and college campuses by setting minimum standards
7for written agreements to be entered into by campus law
8enforcement agencies and local law enforcement agencies.
begin insertSection 67381.1 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
10read:end insert
(a) The Legislature reaffirms that campus law
12enforcement agencies have the primary authority for providing
13police or security services, including the investigation of criminal
14activity, to their campuses.
15(b) The governing board of each community college district
16shall adopt rules requiring each of their respective campuses to
17enter into written agreements with local law enforcement agencies
18that clarify operational responsibilities for investigations of Part
191 violent crimes occurring on each campus.
20(c) Local law enforcement agencies shall enter into written
21agreements with community college campus law enforcement
22agencies if there are community college campuses located in
the
23jurisdictions of the local law enforcement agencies.
24(d) Each written agreement entered into pursuant to this section
25shall designate which law enforcement agency shall have
26operational responsibility for the investigation of each Part 1
27violent crime and delineate the specific geographical boundaries
28of each agency’s operational responsibility, including maps as
29necessary.
30(e) Written agreements regarding community college law
31enforcement agencies entered into pursuant to this section or
32pursuant to Section 67381 as that section read before January 1,
332016, shall be available for public viewing.
34(f) Each agency shall be responsible for its own costs of
35investigation unless otherwise specified in a written agreement.
36(g) Nothing in this section
shall affect existing written
37agreements between community college campus law enforcement
38agencies and local law enforcement agencies that otherwise meet
39the standards contained in subdivision (d) or any existing mutual
40aid procedures established pursuant to state or federal law.
P5 1(h) Nothing in this section shall be construed to limit the
2authority of community college campus law enforcement agencies
3to provide police services to their campuses.
4(i) As used in this section, the following terms have the following
5meanings:
6(1) “Local law enforcement agencies” means city or county
7law enforcement agencies with operational responsibilities for
8police services in the community in which a campus is located.
9(2) “Part 1 violent crimes” means willful homicide,
forcible
10rape, robbery, and aggravated assault, as defined in the Uniform
11Crime Reporting Handbook of the Federal Bureau of Investigation.
12(j) It is the intent of the Legislature by enacting this section to
13provide the public with clear information regarding the operational
14responsibilities for the investigation of crimes occurring on
15community college campuses by setting minimum standards for
16written agreements to be entered into by community college campus
17law enforcement agencies and local law enforcement agencies.
18(k) (1) Upon the governing board of a community college
19district adopting a rule requiring each of its campuses to update
20an agreement entered into pursuant to this section or pursuant to
21Section 67381 as that section read before January 1, 2016, the
22governing board of the community college district shall be treated
23as a governing entity
specified in subdivision (b) of Section 67381
24and the community college district and its campuses shall be
25subject to the requirements of Section 67381 instead of this section.
26(2) The Legislature encourages the governing board of each
27community college district to adopt a rule requiring each of its
28respective campuses to update these agreements.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
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