BILL ANALYSIS Ó
AB 913
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ASSEMBLY THIRD READING
AB
913 (Santiago)
As Amended April 9, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Higher |12-0 |Medina, Baker, Bloom, | |
|Education | |Harper, Irwin, | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Low, Santiago, | |
| | |Weber, Williams | |
| | | | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago, Weber | |
| | | | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, Jones, | |
| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
AB 913
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SUMMARY: Provides for changes to the written jurisdictional
agreements between postsecondary educational institutions and
local law enforcement. Specifically, this bill:
1)Requires the governing board of each community college district
(CCD), the Trustees of the California State University (CSU),
the Regents of the University of California (UC) and the
governing board of independent postsecondary institutions to
update their existing written jurisdictional agreements with
local law enforcement for investigation of Part 1 violent crimes
to include sexual assaults and hate crimes by July 1, 2016;
2)Requires written agreements to be reviewed, and updated if
necessary, every five years;
3)Defines "hate crime" to mean any offense described in Penal Code
Section 422.55; and, defines "sexual assault" to include, but
not be limited to, rape, forced sodomy, forced oral copulation,
rape by a foreign object, sexual battery, or threat of any of
these.
4)Deletes provisions requiring agreements be in place by July 1,
1999, and submitted to the Legislative Analyst by September 1,
1999.
5)Provides for reimbursement if the State Mandates Commission
determines that this act contains costs mandated by the state.
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EXISTING LAW: Requires, under the Kristen Smart Campus Safety
Act, UC Regents, CSU Trustees, CCD governing boards, and
independent colleges that meet specified conditions to enter into
specific written agreements, by July 1, 1999, with local law
enforcement agencies regarding the coordination and
responsibilities for investigating Part 1 violent crimes which
occur on campus.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, costs for each campus to modify their agreements with
local law enforcement agencies to incorporate investigations for
sexual assaults and hate crimes, and to review every five years,
should be minor and absorbable. For most community colleges, the
mandated costs for this activity should not exceed $1,000, and
thus would not result in a claim for reimbursement.
COMMENTS: Background. College students who are victims of sexual
assault are entitled to the protections and services provided to
victims of the general population (law enforcement investigation,
rape crisis center services, district attorney criminal
prosecutions, etc.) and to the services and remedies required to
be provided by colleges and universities under state and federal
laws. In recent years, there has been an increasing public
awareness of sexual harassment and assault occurring on and near
college campuses. State and federal governments have responded
through laws and regulations that seek to strengthen partnerships
between colleges and local law enforcement agencies (for criminal
prosecutions) and to improve campus handling of sexual assault
complaints (for campus-based remedies).
Campus based requirements and remedies required under federal law.
Pursuant to Title IX of the Higher Education Amendments of 1972
and the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act, postsecondary educational
institutions that receive federal financial aid are required to
disclose information about crimes on and around campuses (Clery
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Act) as well as establish certain rights for victims of sexual
assault (Title IX). Title IX prohibits sex based discrimination
in education. If an institution knows, or reasonably should know
about discrimination, harassment or violence that is creating a
"hostile environment" for any student, it must act to eliminate
it, remedy the harm caused, and prevent its recurrence. The
rights provided under Title IX include notification to victims of
the right to file a complaint, available counseling services, the
results of disciplinary proceedings, and the option for victims to
change their academic schedule or living arrangements, and
requires postsecondary institutions to offer prevention and
awareness programs to new students and employees regarding rape,
domestic and dating violence, sexual assault, and stalking.
Purpose of this bill. The author argues steps must be taken to
ensure allegations of campus sexual assault are appropriately
responded to and investigated; cooperation between campus and
local law enforcement on sexual assault is critical. The author
notes that the White House Task Force to Protect Students from
Sexual Assault recommended campus and local law enforcement
agencies establish written agreements regarding campus sexual
assault. California law requires written agreements between local
law enforcement and campuses regarding investigations of Part 1
violent crimes. However, existing California law does not require
these agreements clarify responsibilities on non-Part 1 sexual
assault or hate crimes. This bill specifically requires the
written agreements between campus law enforcement and local law
enforcement to designate the agency responsible for investigation
of sexual assaults and hate crimes.
Analysis Prepared by:
Laura Metune / HIGHER ED. / (916) 319-3960 FN:
0000410
AB 913
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