BILL ANALYSIS Ó
AB 1654
Page 1
ASSEMBLY THIRD READING
AB
1654 (Santiago)
As Amended May 27, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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AB 1654
Page 2
SUMMARY: Requires the State Auditor to include in its audit of
postsecondary education institutions that receive federal
student aid an evaluation of the institutions' compliance with
state law governing crime reporting and the development and
implementation of policies and procedures pursuant to the
Education Code.
EXISTING LAW:
1)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 counseling, safety options for victims, and
offering prevention and awareness programs.
2)Requires the State Auditor to audit at least six colleges
every three years regarding those institutions' compliance
with the Clery Act's crime statistics reporting requirements.
3)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.
4)Requires the California Postsecondary Education Commission to
post on its Web site links to each college's campus crime
statistics.
5)Requires colleges and universities receiving public funds for
student financial assistance to:
AB 1654
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a) Compile records of reported on-campus instances of
violence, hate violence, theft, destruction of property,
illegal drugs, or alcohol intoxication;
b) Make widely available a campus safety plan;
c) Annually report their campus crime statistics and
security plans to the Legislative Analyst's Office; and,
d) Establish certain rights of victims of violent crime,
sexual assault, or hate crimes.
6)Requires colleges and universities to enter into agreements
with local law enforcement agencies regarding whether campus
security or the local law enforcement agency have
investigation responsibilities for violent crimes, sexual
assaults, and hate crimes occurring on each campus.
7)Mandates, as a condition of the Cal Grant Program, colleges
and universities to notify immediately, or as soon as
practicably possible, the appropriate law enforcement agency
of any report of violent crime, sexual assault, or hate crime
committed on or off campus.
8)Requires colleges to provide victims of sexual assault
committed on campus or at campus-controlled facilities
treatment and information. If appropriate on-campus treatment
facilities are unavailable, colleges must have protocols for
referrals to local community treatment centers.
9)Requires colleges to provide, as part of established campus
orientations, educational and preventive information about
sexual violence to students at all campuses.
10)Requires colleges receiving state funds to use an affirmative
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consent standard for evaluation of complaints made to colleges
regarding sexual assault.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, Auditor cost in the $50,000 to $100,000 range
(General Fund) for the additional work required, in addition to
the work associated when a Clery audit is performed.
COMMENTS: 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.
"Inaccurate and/or incomplete reporting of crime statistics by
postsecondary institutions can provide an inadequate
representation of campus safety to students, parents, and
employees. Furthermore, various complex provisions have been
recently added to the state Education Code in regards to campus
safety and sexual assault, and it is unknown how well
postsecondary institutions are complying with these new laws.
"AB 1654 directs the Department of Justice (DOJ) to provide
guidance to institutions of higher education regarding
compliance with 1) the federal Clery and Reauthorization Acts
and 2) 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
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informed decisions about campus safety."
Analysis Prepared by:
Stella Choe/ PUB. S. / (916) 319-3744 FN: 0003139