BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 913|
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THIRD READING
Bill No: AB 913
Author: Santiago (D)
Amended: 8/31/15 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 6/17/15
AYES: Liu, Runner, Block, Hancock, Leyva, Monning, Pan, Vidak
NO VOTE RECORDED: Mendoza
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 75-0, 5/22/15 - See last page for vote
SUBJECT: Student safety
SOURCE: Author
DIGEST: This bill expands the existing written jurisdictional
agreements between postsecondary educational institutions and
local law enforcement to include responsibility for
investigating sexual assaults and hate crimes, and requires the
written agreements to be updated every five years.
ANALYSIS: Existing federal law, the federal Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics
Act (Clery Act), requires public and private postsecondary
educational institutions that receive federal financial aid to
disclose information about crimes on and around campuses as well
as establish certain rights for victims of sexual assault.
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(United States Code, Title 20, § 1092)
Existing state law:
1)Requires, as a condition for participation in the Cal Grant
program, 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 each private and independent postsecondary
institution to adopt and implement written policies and
procedures, by July 1, 2015, to ensure that any report of a
Part 1 violent crime, sexual assault, or hate crime, committed
on or off campus, received by a campus security authority, and
made by the victim for purposes of notifying the institution
or law enforcement, is immediately, or as soon as practicably
possible, forwarded to the appropriate law enforcement agency.
(Education Code § 67383)
2)Requires 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 to 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 occurring on each campus. (EC § 67381)
3)Defines:
a) "Part 1 violent crime" as willful homicide, forcible
rape, robbery, or aggravated assault, as defined in the
Uniform Crime Reporting Handbook of the Federal Bureau of
Investigation.
b) "Sexual assault" to include, but not be limited to,
rape, forced sodomy, forced oral copulation, rape by a
foreign object, sexual battery, or the threat of any of
these.
c) "Hate crime" as any offense described in Penal Code §
422.55.
d) "Local law enforcement" as a city or county law
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enforcement agency with operational responsibilities for
police services in the community in which a campus is
located. (EC § 67383)
This bill:
1)Adds sexual assaults and hate crimes to offenses that are
included in written agreements with local law enforcement
agencies that clarify operational responsibilities for
investigations of those offenses.
2)Strikes the July 1, 1999, deadline by which the written
agreements are to be in place and instead requires written
agreements specific to the University of California,
California State University and the independent postsecondary
institutions, to be reviewed and updated, if necessary, by
July 1, 2016.
3)Requires written agreements specific to the University of
California, California State University and the independent
postsecondary institutions, to be reviewed and updated, if
necessary, every five years.
4)Adds nearly identical provisions that are specific to the
California Community Colleges. Requires the written
agreements to be available for public viewing, and encourages
the governing board of each community college district to
adopt a rule requiring each of its respective campuses to
update these agreements. Requires the governing board of a
community college district to be treated as a governing entity
(for purposes of the agreement with law enforcement), upon the
adoption of a rule requiring each campus to update their
agreement. Provides that subsequently, the community college
district and its campuses are subject to the requirements of
the provisions specific to the University of California,
California State University and the independent postsecondary
institutions rather than the provisions that are specific to
the California Community Colleges.
5)Includes definitions of hate crime and sexual assault that are
identical to definitions in existing law.
Comments
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Written agreements with law enforcement. Existing law requires
postsecondary education campuses to report to law enforcement
any Part 1 violent crime, sexual assault, or hate crime,
committed on or off campus. Existing law requires postsecondary
education campuses to enter into written agreements with local
law enforcement agencies that clarify operational
responsibilities for investigations of Part 1 violent crimes
occurring on each campus. Part 1 violent crimes include willful
homicide, forcible rape, robbery, or aggravated assault, as
defined in the Uniform Crime Reporting Handbook of the Federal
Bureau of Investigation. Part 1 violent crimes do not include
sexual assault or hate crimes, and therefore, written agreements
between campuses and law enforcement are not required to
describe operational responsibility for investigating those
offenses.
Model Memorandum of Understanding. The California Attorney
General's Office recently released a model Memorandum of
Understanding (MOU) to help law enforcement agencies and
postsecondary education institutions improve their coordination
and collaboration in response to incidents of campus sexual
assault. The model MOU also may assist with compliance with
other state and federal laws, including the federal Clery Act
and Title IX. [http://oag.ca.gov/campus-sexual-assault]
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
One-time costs per community college district of approximately
$1,000 (statewide costs of $72,000) to review and update
existing agreements with required information. These costs
could be incurred over a number of years depending on when
agreements are updated. To the extent each community college
district incurs at least $1,000 and submits a claim to the
Commission on State Mandates, it could be determined to be
reimbursable. Ongoing costs to update agreements every fifth
year would be minor and absorbable. Similarly, a potential
reimbursable state mandate could be created for local law
enforcement agencies to participate in reviewing these
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agreements. (Proposition 98/General Fund)
Both the California State University and the University of
California indicate that any cost imposed by this bill will be
minor and absorbable.
SUPPORT: (Verified8/31/15)
None received
OPPOSITION: (Verified8/31/15)
None received
ASSEMBLY FLOOR: 75-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,
Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Alejo, O'Donnell, Olsen, Waldron, Weber
Prepared by:Lynn Lorber / ED. / (916) 651-4105
8/31/15 15:11:56
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