Amended in Assembly March 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1433

Introduced by Assembly Member Gatto

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(Principal coauthor: Assembly Member Lowenthal)

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(Coauthors: Assembly Members Brown, Chávez, Quirk-Silva, Ting, Wieckowski, and Yamada)

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January 6, 2014

An act to amend Section 67381 of begin insert , and to add Section 67383 to, end insert the Education Code, relating to student safety, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1433, as amended, Gatto. Student safety.

Existing law, the Kristin Smart Campus Safety Act of 1998, requires the governing begin delete boards end delete begin insert board end insert 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 begin insert by a victim end insert of a Part 1 violent begin delete crime end delete begin insert crime, sexual assault, as defined, end insert or hate crime received by a campus law enforcement agency to be immediately reported to the appropriate local law enforcement agency begin delete if the victim consents, and forbid such a report absent that consent. end delete begin insert without identifying the victim, unless the victim consents to being identified. end insert 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.

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This bill would provide that the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each private and independent postsecondary institution shall, on or before July 1, 2015, adopt and implement written policies and procedures to ensure that any report of a Part 1 violent crime, sexual assault, or hate crime, committed on or off campus, received by any employee and made by the victim for purposes of notifying the institution or law enforcement, is immediately forwarded to the appropriate law enforcement agency, as provided. The bill would require that the report be forwarded to the appropriate law enforcement agency without identifying the victim, unless the victim consents to being identified. By imposing additional duties on community college districts, this bill would impose a state-mandated local program.

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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 1.  

Section 67381 of the Education Code is amended
to read:

67381.  

(a) The Legislature reaffirms that campus law
enforcement agencies have the primary authority for providing
police or security services, including the investigation of criminal
activity, to their campuses.

(b) The governing board of each community college district,
the Trustees of the California State University, the Regents of the
University of California, and the governing begin delete board end delete begin insert boards end insert of
independent postsecondary institutions, as defined, shall adopt
rules requiring each of their respective campuses to enter into
written agreements with local law enforcement agencies that clarify
operational responsibilities for investigations of Part 1 violent
crimes occurring on each campus.

(c) Local law enforcement agencies shall enter into written
agreements with campus law enforcement agencies if there are
college or university campuses located in the jurisdictions of the
local law enforcement agencies.

(d) Each written agreement entered into pursuant to this section
shall do all of the following:

(1) Designate which law enforcement agency shall have
operational responsibility for the investigation of each Part 1
violent crime.

(2) Delineate the specific geographical boundaries of each
agency’s operational responsibility, including maps as necessary.

(3) Require any report begin insert by a victim end insert of a Part 1 violent crime begin insert ,
sexual assault, end insert or hate begin delete crime, end delete begin insert crime end insert as begin delete defined end delete begin insert described end insert in Section
422.55 of the Penal Code, received by a campus law enforcement
agency to be immediately reported to the appropriate local law
enforcement agency begin delete if the victim consents, and forbid such a report
absent that consent. end delete begin insert without identifying the victim, unless the victim
consents to being identified. end insert

(e) Written agreements entered into pursuant to this section shall
be in place and available for public viewing by July 1, 1999. Each
of the entities identified in subdivision (b) shall transmit a copy
of each written agreement it has entered into pursuant to this
section, and any other information it deems pertinent to its
implementation of this section, to the Legislative Analyst on or
before September 1, 1999.

(f) Each agency shall be responsible for its own costs of
investigation unless otherwise specified in a written agreement.

(g) Nothing in this section shall affect existing written
agreements between campus law enforcement agencies and local
law enforcement agencies that otherwise meet the standards
contained in subdivision (d) or any existing mutual aid procedures
established pursuant to state or federal law.

(h) Nothing in this section shall be construed to limit the
authority of campus law enforcement agencies to provide police
services to their campuses.

(i) As used in this section, the following terms have the
following meanings:

(1) “Local law enforcement agencies” means city or county law
enforcement agencies with operational responsibilities for police
services in the community in which a campus is located.

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(2) “Sexual assault” includes, but is not limited to, rape, forced
sodomy, forced oral copulation, rape by a foreign object, sexual
battery, or threat of sexual assault.

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(2)

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begin insert (3) end insert  “Part 1 violent crimes” means willful homicide, forcible
rape, robbery, and aggravated assault, as defined in the Uniform
Crime Reporting Handbook of the Federal Bureau of Investigation.

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(3)

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begin insert (4) end insert  “Independent postsecondary institutions” means institutions
begin delete operating end delete begin insert with peace officers end insert pursuant to Section 830.6 of the Penal
Code or begin insert security officers end insert pursuant to a memorandum of
understanding as described in subdivision (b) of Section 830.7 of
the Penal Code.

(j) This section shall be known and may be cited as the Kristin
Smart Campus Safety Act of 1998.

(k) It is the intent of the Legislature by enacting this section to
provide the public with clear information regarding the operational
responsibilities for the investigation of crimes occurring on
university and college campuses by setting minimum standards
for written agreements to be entered into by campus law
enforcement agencies and local law enforcement agencies.

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begin insert SEC. 2. end insert   

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begin insert Section 67383 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

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begin insert 67383. end insert   

(a) The governing board of each community college
district, the Trustees of the California State University, the Regents
of the University of California, and the governing board of each
private and independent postsecondary institution shall, on or
before July 1, 2015, adopt and implement written policies and
procedures to ensure that any report of a Part 1 violent crime,
sexual assault, or hate crime, committed on or off campus, received
by any employee and made by the victim for purposes of notifying
the institution or law enforcement, is immediately forwarded to
the appropriate law enforcement agency.

(b) The report shall be forwarded to the appropriate law
enforcement agency without identifying the victim, unless the victim
consents to being identified.

(c) For purposes of this section, the appropriate law enforcement
agency shall be a campus law enforcement agency if one has been
established on the campus where the report was made. If no
campus law enforcement agency has been established, the report
shall be immediately forwarded to a local law enforcement agency.

(d) As used in this section, the following terms have the following
meanings:

(1) “Hate crime” means any offense as described in Section
422.55 of the Penal Code.

(2) “Local law enforcement agency” means a city or county
law enforcement agency with operational responsibilities for police
services in the community in which a campus is located.

(3) “Sexual assault” includes, but is not limited to, rape, forced
sodomy, forced oral copulation, rape by a foreign object, sexual
battery, or threat of sexual assault.

(4) “Part 1 violent crimes” means willful homicide, forcible
rape, robbery, and aggravated assault, as defined in the Uniform
Crime Reporting Handbook of the Federal Bureau of Investigation.

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begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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begin insert SEC. 4. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to ensure student safety by requiring the effective
reporting of Part 1 violent crimes and hate crimes, at the earliest
possible time, it is necessary that this act take effect immediately.