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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          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. 










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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