California Assembly Bill AB1433 Amended / Bill

 BILL NUMBER: AB 1433AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 10, 2014 INTRODUCED BY Assembly Member Gatto  (   Principal coauthor:   Assembly Member   Lowenthal   )   (   Coauthors:   Assembly Members   Brown,   Chvez,   Quirk-Silva,  Ting,   Wieckowski,   and Yamada   )  JANUARY 6, 2014 An act to amend Section 67381 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, the Kristin Smart Campus Safety Act of 1998, requires the governing  boards   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 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  by a victim  of a Part 1 violent  crime   crime, sexual assault, as defined,  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.   without identifying the victim, unless the victim consents to being identified.  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.  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: 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  board   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,   crime  as  defined   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  if the victim consents, and forbid such a report absent that consent.  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.   (2)   (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.  (3)   (4)  "Independent postsecondary institutions" means institutions  operating   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.  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. (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.   SEC. 2.   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. 3.   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.