BILL ANALYSIS �
AB 1433
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Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1433 (Gatto) - As Amended: April 21, 2014
Policy Committee: Higher
EducationVote:12-0
Judiciary 6-0
Urgency: Yes State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires the governing board of each public, private
and independent postsecondary educational institution, which
receives public funds for student financial assistance, to adopt
and implement written policies and procedures governing the
reporting of specified crimes to law enforcement agencies.
Specifically, this bill:
1) Requires these institutions to require any report made
by a victim or employee to a campus law enforcement agency,
regarding a Part 1 violent crime, sexual assault, or hate
crime, to be disclosed in a timely manner to the local law
enforcement agency, i.e. the city or county agency with
operational responsibility in the community where the
campus is located.
2) Stipulates the report shall not identify the victim
without the victim's consent, and if the victim does not
consent, the alleged assailant shall not be identified.
3) Requires the governing boards of the institutions, by
July 2015, to adopt and implement policies and procedures
to ensure that a report made per (1) is immediately
forwarded to the campus law enforcement agency, if one has
been established, and if one has not been established, to
the local law enforcement agency.
AB 1433
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FISCAL EFFECT
One-time state reimbursable costs (General Fund, Prop. 98) for
community college districts to adopt the required policies and
for each of the 112 community college campus to orient
appropriate personnel of the new policies and procedures. Costs
would not be significant at each campus, but could exceed
$150,000 statewide.
UC and CSU would experience similar costs at each of their
respective campuses.
COMMENTS
1) Purpose . According to the author, "Many victims of
violent crimes on college campuses face a number of hurdles
when seeking justice. They simply are not afforded the same
opportunities for justice as those who suffer the exact
same crimes off-campus. There is growing concern among
victims' groups that thorough investigations of on-campus
crimes are not happening because of a lack of expertise and
resources, or a built-in conflict for college officials,
attempting to keep their campus crime statistics
down?Crimes that occur on campus should not be treated any
differently than those that occur elsewhere in our
community."
AB 1433 is in response to a number of recent news reports of
campuses underreporting sexual assaults. The bill, by
requiring that campus security pass along reports of specific
types of crimes that occur on campus, is intended to ensure
that local law enforcement agencies are aware of crime trends
within their jurisdiction. The author believes this will help
alleviate concerns about some colleges not properly reporting
crime statistics in their required annual crime reports,
because these numbers will have already been brought to light
to local law enforcement. The result should be a closer
working relationship between campus security and local police
and sheriffs' departments.
2) Related Legislation . SB 967 (De Le�n), which requires
the governing board of each postsecondary educational
institution in California to each adopt a policy concerning
campus sexual violence, domestic violence, dating violence
AB 1433
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and stalking, was held on Suspense in Senate
Appropriations.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081