Amended in Assembly March 20, 2014

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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(Principal coauthors: Assembly Members Lowenthal and Weber)

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

January 6, 2014

An act to amend Section begin delete 67381 end delete begin insert 67380 end insert of, and to add Section 67383 to, 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 begin delete , the Kristin Smart Campus Safety Act of 1998, end delete requires the governing board of each community college district, the Trustees of the California State University, begin insert the Board of Directors of the Hastings College of the Law, end insert the Regents of the University of California, and the governing boards of begin delete 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 end delete begin insert postsecondary educational institutions receiving public funds for student financial assistance to require the appropriate officials at each campus to compile records of specified crimes and noncriminal acts reported to campus police, campus security personnel, campus safety authorities, or designated campus authorities. This provision does not apply to the governing boards of private postsecondary educational institutions with fewer than 1,000 students, or to campuses of public postsecondary educational systems with 1,000 or fewer students. This provision also does not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for purposes of this provision end insert .

This bill would begin delete provide that the written agreement shall also end delete require any report by a victim of a Part 1 violent crime, sexual assault, begin delete as defined, end delete or hate crime begin insert , as defined, end insert received by a campus law enforcement agency to be immediately begin delete reported end delete begin insert disclosed end insert to the appropriate local law enforcement agency without identifying the victim, unless the victim consents to being identified. By begin delete requiring end delete begin insert creating new duties for end insert community college districts begin delete and local law enforcement agency to enter into a written agreement in regard to a new obligation end delete , this bill would impose a state-mandated local program.

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.

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:

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begin insert SECTION 1. end insert   

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begin insert Section 67380 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

67380.  

(a) The governing board of each community college
district, the Trustees of the California State University, the Board
of Directors of the Hastings College of the Law, the Regents of
the University of California, and the governing board of any
postsecondary educational institution receiving public funds for
student financial assistance shall do all of the following:

(1) Require the appropriate officials at each campus within their
respective jurisdictions to compile records of both of the following:

(A) All occurrences reported to campus police, campus security
personnel, or campus safety authorities of, and arrests for, crimes
that are committed on campus and that involve violence, hate
violence, theft, destruction of property, illegal drugs, or alcohol
intoxication.

(B) All occurrences of noncriminal acts of hate violence reported
to, and for which a written report is prepared by, designated campus
authorities.

(2) Require any written record of a noncriminal act of hate
violence to include, but not be limited to, the following:

(A) A description of the act of hate violence.

(B) Victim characteristics.

(C) Offender characteristics, if known.

(3) (A) Make the information concerning the crimes compiled
pursuant to subparagraph (A) of paragraph (1) available within
two business days following the request of any student or employee
of, or applicant for admission to, any campus within their respective
jurisdictions, or to the media, unless the information is the type of
information exempt from disclosure pursuant to subdivision (f) of
Section 6254 of the Government Code, in which case the
information is not required to be disclosed. Notwithstanding
paragraph (2) of subdivision (f) of Section 6254 of the Government
Code, the name of a victim of any crime defined by Section 261,
262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6,
422.7, or 422.75 of the Penal Code shall not be disclosed without
the permission of the victim, or the victim’s parent or guardian if
the victim is a minor.

(B) For purposes of this paragraph and subparagraph (A) of
paragraph (1), the campus police, campus security personnel, and
campus safety authorities described in subparagraph (A) of
paragraph (1) shall be included within the meaning of “state or
local police agency” and “state and local law enforcement agency,”
as those terms are used in subdivision (f) of Section 6254 of the
Government Code.

(4) Require the appropriate officials at each campus within their
respective jurisdictions to prepare, prominently post, and copy for
distribution on request, a campus safety plan that sets forth all of
the following: the availability and location of security personnel,
methods for summoning assistance of security personnel, any
special safeguards that have been established for particular facilities
or activities, any actions taken in the preceding 18 months to
increase safety, and any changes in safety precautions expected to
be made during the next 24 months. For the purposes of this
section, posting and distribution may be accomplished by including
relevant safety information in a student handbook or brochure that
is made generally available to students.

(5) Require the appropriate officials at each campus within their
respective jurisdictions to report information compiled pursuant
to paragraph (1) relating to hate violence to the governing board,
trustees, board of directors, or regents, as the case may be. The
governing board, trustees, board of directors, or regents, as the
case may be, shall, upon collection of that information from all of
the campuses within their jurisdiction, transmit a report containing
a compilation of that information to the Legislative Analyst no
later than January 1 of each year and shall make the report available
to the general public on the Internet Web site of each respective
institution. It is the intent of the Legislature that the governing
board of each community college district, the Trustees of the
California State University, the Board of Directors of the Hastings
College of the Law, the Regents of the University of California,
and the governing board of any postsecondary educational
institution receiving public funds for student financial assistance
establish guidelines for identifying and reporting occurrences of
hate violence. It is the intent of the Legislature that the guidelines
established by these institutions of higher education be as consistent
with each other as possible. These guidelines shall be developed
in consultation with the Department of Fair Employment and
Housing and the California Association of Human Rights
Organizations.

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(6) Require any report made by a victim or an employee
pursuant to Section 67383 of a Part 1 violent crime, sexual assault,
or hate crime as described in Section 422.55 of the Penal Code,
received by a campus law enforcement agency, to be immediately
disclosed to the local law enforcement agency with which the
institution has a written agreement pursuant to Section 67381,
without identifying the victim, unless the victim consents to being
identified.

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(b) Any person who is refused information required to be made
available pursuant to subparagraph (A) of paragraph (1) of
subdivision (a) may maintain a civil action for damages against
any institution that refuses to provide the information, and the
court shall award that person an amount not to exceed one thousand
dollars ($1,000) if the court finds that the institution refused to
provide the information.

(c) For purposes of this begin delete section, “hate end delete begin insert section: end insert

begin insert (1) end insert begin insert   end insert begin insert “Hate end insert violence” means any act of physical intimidation or
physical harassment, physical force or physical violence, or the
threat of physical force or physical violence, that is directed against
any person or group of persons, or the property of any person or
group of persons because of the ethnicity, race, national origin,
religion, sex, sexual orientation, gender identity, gender expression,
disability, or political or religious beliefs of that person or group.

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

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(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 any of these.

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(d) This section does not apply to the governing board of a
private postsecondary educational institution receiving funds for
student financial assistance with a full-time enrollment of less than
1,000 students.

(e) This section shall apply to a campus of one of the public
postsecondary educational systems identified in subdivision (a)
only if that campus has a full-time equivalent enrollment of more
than 1,000 students.

(f) Notwithstanding any other provision of this section, this
section shall not apply to the California Community Colleges
unless and until the Legislature makes funds available to the
California Community Colleges for the purposes of this section.

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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 boards 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 by a victim of a Part 1 violent crime,
sexual assault, or hate crime as described 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 without identifying the victim, unless the victim consents
to being identified.

(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.

(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.

(3) “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.

(4) “Independent postsecondary institutions” means institutions
with peace officers pursuant to Section 830.6 of the Penal Code
or security officers 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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SEC. 2.  

Section 67383 is added to the Education Code, to read:

67383.  

(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.

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(3) “Part 1 violent crime” means willful homicide, forcible
rape, robbery, or 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 ( end insert begin insert 4) end insert  “Sexual assault” includes, but is not limited to, rape, forced
sodomy, forced oral copulation, rape by a foreign object, sexual
battery, or threat of begin delete sexual assault end delete begin insert any of these end insert .

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(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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SEC. 3.  

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.

SEC. 4.  

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.