BILL ANALYSIS Ó
AB 913
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CONCURRENCE IN SENATE AMENDMENTS
AB
913 (Santiago)
As Amended August 31, 2015
Majority vote
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|ASSEMBLY: |75-0 |(May 22, 2015) |SENATE: | 39-0 |(September 2, |
| | | | | |2015) |
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Original Committee Reference: HIGHER ED.
SUMMARY: Provides for changes to the written jurisdictional
agreements between postsecondary educational institutions and
local law enforcement. Specifically, this bill:
1)Requires 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, and requires agreements to be reviewed, and updated if
necessary, every five years;
2)Requires the governing board of each community college
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district (CCD) to adopt rules requiring each of their
respective campuses to enter into written agreements; provides
that upon adoption of such a rule, the CCD and its colleges
shall be subject to 1) above; and, encourages the governing
board of each CCD to adopt a rule requiring each of its
respective campuses to update these agreements;
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.
The Senate amendments removed CCDs from the requirement to
update agreements by July 1, 2016, and review agreements every
five years and instead required CCD governing boards to adopt
rules regarding campuses entering into written agreements.
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 Senate Appropriations
Committee:
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1)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 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
agreements. (Proposition 98 (1988)/General Fund)
2)Both the California State University and the University of
California indicate that any cost imposed by this bill would
be minor and absorbable.
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
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
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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:
0001856
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