Amended in Senate August 19, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 21, 2014

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

(Principal coauthors: Assembly Members Lowenthal and Weber)

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

January 6, 2014

An act to amend Section 67380 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 requires 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 boards of 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.

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Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Cal Grant Program), establishes the Cal Grant A and B Entitlement Awards, the California Community College Transfer Cal Grant Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions.

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This bill begin delete would end delete begin insert would, as a condition for participation in the Cal Grant Program, end insert require any report by a victim of a Part 1 violent crime, sexual assault, or hate crime, as defined, received by a campus begin delete law enforcement agency end delete begin insert security authority and made by the victim for purposes of notifying the institution or law enforcement, end insert to be immediately, or as soon as practicably possible, disclosed to the appropriate local law enforcement agency without identifying the victim, unless the victim consents to being begin delete identified. end delete begin insert identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. end insert The bill would prohibit a report to a local law enforcement agency from identifying the alleged assailant if the victim does not consent to being identified. begin delete By creating new duties for community college districts, this bill would impose a state-mandated local program. end delete begin insert The bill would provide that these requirements do not constitute a waiver of, or exception to, any law providing for the confidentiality of information. end insert

This bill begin delete would end delete begin insert would, as a condition for participation in the Cal Grant Program, end insert 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, as defined, received by a campus security authority, as defined, and made by the victim for purposes of notifying the institution or law enforcement, is immediately, or as soon as practicably possible, 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 begin delete identified. By imposing additional duties on community college districts, this bill would impose a state-mandated local program. end delete begin insert identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. The bill would provide that these requirements do not constitute a waiver of, or exception to, any law providing for the confidentiality of information. end insert

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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.

end delete begin delete

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.

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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:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 67380 of the Education Code is amended
to read:

67380.  

(a)  begin delete The end delete begin insert Except as provided in subparagraph (B) of
paragraph (6), the end insert 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
begin delete paragraph (2) of end delete subdivision (f) of Section 6254 of the Government
Code, the name begin insert or any other personally identifying information end insert
of a victim of any crime defined by Section begin insert 243.4, end insert 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 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’s
Office 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
Relations Organizations.

(6)  begin delete Require end delete begin insert (A end insert begin insert ) end insert begin insert   end insert begin insert Notwithstanding subdivision (f) of Section 6254
of the Government Code, require end insert 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 begin delete law enforcement agency end delete begin insert security
authority and made by the victim for purposes of notifying the
institution or law enforcement, end insert to be immediately, or as soon as
practicably possible, 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 begin delete identified. end delete begin insert identified after the victim has been
informed of his or her right to have his or her personally identifying
information withheld. end insert If the victim does not consent to being
identified, the alleged assailant shall not be identified in the
information disclosed to the local law enforcement agency. begin insert The
requirements of this paragraph shall not constitute a waiver of,
or exception to, any law providing for the confidentiality of
information. end insert

begin insert

(B) This requirement only applies as a condition for
participation in the Cal Grant Program established pursuant to
Chapter 1.7 (commencing with Section 69430) of Part 42.

end insert

(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 section:

(1) “Hate 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.

(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.

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

(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.

SEC. 2.  

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

67383.  

(a)  begin delete The end delete begin insert As a condition for participation in the Cal
Grant Program established pursuant to Chapter 1.7 (commencing
with Section 96430) of Part 42, the end insert 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 a campus security authority, as defined
pursuant to Section 668.46 of Title 34 of the Code of Federal
Regulations, as that section existed on May 15, 2014, and made
by the victim for purposes of notifying the institution or law
enforcement, is immediately, or as soon as practicably possible,
forwarded to the appropriate law enforcement agency.

(b)  begin delete The end delete begin insert Notwithstanding end insert begin insert subdivision (f) of Section 6254 of the
Government Code, the end insert begin insert end insert report shall be forwarded to the appropriate
law enforcement agency without identifying the victim, unless the
victim consents to being begin delete identified. end delete begin insert identified after the victim has
been informed of his or her right to have his or her personally
identifying information withheld. end insert

(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, or as soon as practicably possible, forwarded to a
local law enforcement agency.

(d) For purposes of this section:

(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) “On or off campus” means the campus and any noncampus
building or property as defined in Section 668.46 of Title 34 of
the Code of Federal Regulations, as that section existed on May
15, 2014.

(4) “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.

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

begin insert

(e) The requirements of this section shall not constitute a waiver
of, or exception to, any law providing for the confidentiality of
information.

end insert

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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.

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begin delete SEC. 4. end delete
begin insert SEC. 3. 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.