AB 1433, as introduced, Gatto. Student safety.
Existing law, the Kristin Smart Campus Safety Act of 1998, requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions to adopt rules requiring each of their respective campuses to enter into a written agreement with local law enforcement agencies relating to Part 1 violent crimes. Existing law requires the written agreement to designate which law enforcement agency has operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.
This bill would provide that the written agreement shall also require any report of a Part 1 violent crime or hate crime received by a campus law enforcement agency to be immediately reported to the appropriate local law enforcement agency if the victim consents, and forbid such a report absent that consent. By requiring community college districts and local law enforcement agency to enter into a written agreement in regard to a new obligation, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 67381 of the Education Code is amended
2to read:
(a) The Legislature reaffirms that campus law
4enforcement agencies have the primary authority for providing
5police or security services, including the investigation of criminal
6activity, to their campuses.
7(b) The governing board of each community college district,
8the Trustees of the California State University, the Regents of the
9University of California, and the governing board of independent
10postsecondary institutions, as defined, shall adopt rules requiring
11each of their respective campuses to enter into written agreements
12with local law enforcement agencies that clarify operational
13responsibilities for investigations of Part 1 violent crimes occurring
14on each campus.
15(c) Local law enforcement agencies shall enter into written
16agreements with campus law enforcement agencies if there are
17college or university campuses located in the jurisdictions of the
18local law enforcement agencies.
19(d) Each written agreement entered into pursuant to this section
20shallbegin delete designateend deletebegin insert do all of the following:end insert
21begin insert(1)end insertbegin insert end insertbegin insertDesignateend insert which law enforcement agency shall have
22operational responsibility for the investigation of each Part 1
23violentbegin delete crime and delineateend deletebegin insert
crime.end insert
24begin insert(2)end insertbegin insert end insertbegin insertDelineateend insert the specific geographical boundaries of each
25agency’s operational responsibility, including maps as necessary.
P3 1(3) Require any report of a Part 1 violent crime or hate crime,
2as defined in Section 422.55 of the Penal Code, received by a
3campus law enforcement agency to be immediately reported to the
4appropriate local law enforcement agency if the victim consents,
5and forbid such a report absent that consent.
6(e) Written agreements entered into pursuant to this section
shall
7be in place and available for public viewing by July 1, 1999. Each
8of the entities identified in subdivision (b) shall transmit a copy
9of each written agreement it has entered into pursuant to this
10section, and any other information it deems pertinent to its
11implementation of this section, to the Legislative Analyst on or
12before September 1, 1999.
13(f) Each agency shall be responsible for its own costs of
14investigation unless otherwise specified in a written agreement.
15(g) Nothing in this section shall affect existing written
16agreements between campus law enforcement agencies and local
17law enforcement agencies that otherwise meet the standards
18contained in subdivision (d) or any existing mutual aid procedures
19established pursuant to state or federal law.
20(h) Nothing in this section shall be construed to limit
the
21authority of campus law enforcement agencies to provide police
22services to their campuses.
23(i) As used in this section, the following terms have the
24following meanings:
25(1) “Local law enforcement agencies” means city or county law
26enforcement agencies with operational responsibilities for police
27services in the community in which a campus is located.
28(2) “Part 1 violent crimes” means willful homicide, forcible
29rape, robbery, and aggravated assault, as defined in the Uniform
30Crime Reporting Handbook of the Federal Bureau of Investigation.
31(3) “Independent postsecondary institutions” means institutions
32operating pursuant to Section 830.6 of the Penal Code or pursuant
33to a memorandum of understanding as described in subdivision
34(b) of Section 830.7 of
the Penal Code.
35(j) This section shall be known and may be cited as the Kristin
36Smart Campus Safety Act of 1998.
37(k) It is the intent of the Legislature by enacting this section to
38provide the public with clear information regarding the operational
39responsibilities for the investigation of crimes occurring on
40university and college campuses by setting minimum standards
P4 1for written agreements to be entered into by campus law
2enforcement agencies and local law enforcement agencies.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
This act is an urgency statute necessary for the
9immediate preservation of the public peace, health, or safety within
10the meaning of Article IV of the Constitution and shall go into
11immediate effect. The facts constituting the necessity are:
12In order to ensure student safety by requiring the effective
13reporting of Part 1 violent crimes and hate crimes, at the earliest
14possible time, it is necessary that this act take effect immediately.
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