BILL ANALYSIS Ó
AB 1654
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Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1654 (Santiago) - As Amended March 15, 2016
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|Policy |Public Safety |Vote:|7 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill:
1)Requires the California Department of Justice (DOJ) to provide
guidance to private and public institutions of higher learning
regarding student safety state laws.
AB 1654
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2)Requires the State Auditor (Auditor), when auditing at least
six colleges regarding their compliance with reporting
requirements for campus crime statistics and campus security
policies under federal Clery Act requirements, to also audit
compliance with state law governing crime reporting and safety
policies.
FISCAL EFFECT:
1)DOJ annual cost in the $300,000 range (GF) for two staff to
provide the guidance required.
2)Auditor cost in the $50,000 to $100,000 range (GF) for the
additional work required, in addition to the work associated
when a Clery audit is performed.
COMMENTS:
1)Background. Current law requires, under the federal Title IX
and the Clery Act, colleges and universities, as a condition
of federal student aid program participation, to:
a) Publish annual campus security reports, maintain crime
logs, provide timely warnings of crimes that present a
public safety risk, and maintain ongoing crime statistics;
and,
b) Establish certain rights for victims of sexual assault,
including notification to victims of legal rights,
availability of counselling, safety options for victims,
and offering prevention and awareness programs.
Current law also requires the Auditor to audit at least six
colleges every three years regarding those institutions'
compliance with the Clery Act's crime statistics reporting
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requirements, and requires the State Auditor to report the
aforementioned audit results to the respective Chairs of the
Assembly Committee on Higher Education and the Senate
Committee on Education.
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2)Purpose. According to the author, "The State Auditor recently
reviewed six California postsecondary institutions, finding
that none were in full compliance with federal laws (the Clery
and Reauthorization Acts) that require disclosure of campus
crime statistics and campus security policies. The Auditor
also surveyed 79 campuses, determining most provide security
policies and crime statistics online but some lack
notification of availability.
AB 1654 directs the Department of Justice (DOJ) to provide
guidance to institutions of higher education regarding
compliance with the federal Clery and state laws regarding
campus safety. The bill also requires the State Auditor to
extend its existing statutory mandate requiring monitoring of
compliance with the Clery Act to include monitoring of
compliance with state laws regarding campus safety. This bill
ensures California postsecondary institutions better comply
with federal and state campus safety laws and will help
students, parents, and employees make more informed decisions
about campus safety."
State law crime statistics and security procedures largely
overlap with the federal reporting requirements. However, the
Governor signed into law an affirmative consent standard for
sexual assault complaints made on campus or campus-controlled
facilities for every college or university receiving state
funds.
3)Related Legislation: AB 1653 (Weber) has been introduced and
has similar provisions requiring DOJ to provide guidance on
federal reporting requirements. This bill has been referred
to the Committee on Higher Education.
4)Prior Legislation:
a) AB 913 (Santiago), Chapter 701, Statutes of 2015,
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provides for changes to the written jurisdictional
agreements between postsecondary educational institutions
and local law enforcement.
b) AB 1433 (Gatto), Chapter 798, Statutes of 2014, requires
the governing board of each public, private and independent
postsecondary educational institution, which receives
public funds for student financial assistance, to adopt and
implement written policies and procedures governing the
reporting of specified crimes to law enforcement agencies.
c) SB 967 (De León), Chapter 748, Statutes of 2014,
specifies policies involving sexual assault, domestic
violence, dating violence, and stalking that covered higher
education institutions must adopt in order to be eligible
for student financial assistance.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081