Bill Text: NY A02089 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the investigation of crimes and crime reporting on college and university campuses.

Spectrum: Slight Partisan Bill (Democrat 29-10)

Status: (Passed) 2014-12-17 - approval memo.14 [A02089 Detail]

Download: New_York-2013-A02089-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2089--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. BRAUNSTEIN, MAISEL, ENGLEBRIGHT, GIBSON, ROSEN-
         THAL, JAFFEE, MOYA, PAULIN, SIMOTAS, CAMARA,  HOOPER,  THIELE,  CLARK,
         GALEF  --  Multi-Sponsored  by  --  M.  of A. AUBRY, BRENNAN, CERETTO,
         FARRELL,  GABRYSZAK,  McDONOUGH,  McKEVITT,  MONTESANO,  RA,  TEDISCO,
         TENNEY  -- read once and referred to the Committee on Higher Education
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee
       AN  ACT to amend the education law, in relation to accurate reporting of
         crimes on college and university campuses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The subdivision heading and paragraph a of subdivision 17
    2  of section 355 of the education law, as added by chapter 22 of the  laws
    3  of 1999, are amended to read as follows:
    4    [Plans  for investigation of violent felony offenses] INVESTIGATION OF
    5  CRIMES AND CRIME REPORTING. a.  The  board  of  trustees  of  the  state
    6  university of New York shall adopt rules requiring that each institution
    7  of the state university, on or before January first, two thousand, adopt
    8  and  implement  a  plan  providing  for the investigation of any violent
    9  felony offense occurring at or on the grounds of each such  institution,
   10  and  providing for the investigation of a report of any missing student.
   11  Such plans shall provide for the coordination of  the  investigation  of
   12  such  crimes and reports with local law enforcement agencies. Such plans
   13  shall include, but not be limited to, written agreements with  appropri-
   14  ate  local  law  enforcement  agencies providing for the prompt investi-
   15  gation of such crimes and reports AND A REQUIREMENT THAT THE INSTITUTION
   16  SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY AS SOON AS PRACTICA-
   17  BLE BUT IN NO CASE MORE THAN TWENTY-FOUR  HOURS  AFTER  A  REPORT  OF  A
   18  VIOLENT  FELONY  OR THAT A STUDENT WHO RESIDES IN HOUSING OWNED OR OPER-
   19  ATED BY SUCH  INSTITUTION  IS  MISSING;  PROVIDED  THAT  SUCH  REPORTING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04255-08-3
       A. 2089--A                          2
    1  REQUIREMENT  SHALL  TAKE  INTO  CONSIDERATION  APPLICABLE  FEDERAL  LAW,
    2  INCLUDING, BUT  NOT  LIMITED  TO,  THE  FEDERAL  CAMPUS  SEXUAL  ASSAULT
    3  VICTIMS'  BILL  OF RIGHTS UNDER TITLE 20 U.S. CODE SECTION 1092(F) WHICH
    4  GIVES  THE  VICTIM  OF  A  SEXUAL OFFENSE THE RIGHT ON WHETHER OR NOT TO
    5  REPORT SUCH OFFENSE TO LOCAL LAW ENFORCEMENT AGENCIES.
    6    S 2. Paragraph a of subdivision 15 of section 6206  of  the  education
    7  law,  as  added by chapter 22 of the laws of 1999, is amended to read as
    8  follows:
    9    a. The board of trustees shall adopt rules requiring that each  insti-
   10  tution of the city university, on or before January first, two thousand,
   11  adopt  and  implement  a  plan  providing  for  the investigation of any
   12  violent felony offense occurring at or  on  the  grounds  of  each  such
   13  institution,  and  providing  for  the  investigation of a report of any
   14  missing student. Such plans shall provide for the  coordination  of  the
   15  investigation  of  such  crimes  and  reports with local law enforcement
   16  agencies. Such plans shall include,  but  not  be  limited  to,  written
   17  agreements with appropriate local law enforcement agencies providing for
   18  the  prompt  investigation  of such crimes and reports AND A REQUIREMENT
   19  THAT THE INSTITUTION SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY
   20  AS SOON AS PRACTICABLE BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS  AFTER
   21  A  REPORT  OF  A VIOLENT FELONY OR THAT A STUDENT WHO RESIDES IN HOUSING
   22  OWNED OR OPERATED BY SUCH INSTITUTION IS  MISSING;  PROVIDED  THAT  SUCH
   23  REPORTING  REQUIREMENT  SHALL TAKE INTO CONSIDERATION APPLICABLE FEDERAL
   24  LAW, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL  CAMPUS  SEXUAL  ASSAULT
   25  VICTIMS'  BILL  OF RIGHTS UNDER TITLE 20 U.S. CODE SECTION 1092(F) WHICH
   26  GIVES THE VICTIM OF A SEXUAL OFFENSE THE RIGHT  ON  WHETHER  OR  NOT  TO
   27  REPORT SUCH OFFENSE TO LOCAL LAW ENFORCEMENT AGENCIES.
   28    S  3.  Paragraph a of subdivision 8-a of section 6306 of the education
   29  law, as added by chapter 22 of the laws of 1999, is amended to  read  as
   30  follows:
   31    a.  The board of trustees shall, on or before January first, two thou-
   32  sand, adopt and implement a plan providing for the investigation of  any
   33  violent  felony  offense  occurring  at  or  on the grounds of each such
   34  institution, and providing for the investigation  of  a  report  of  any
   35  missing  student.  Such  plans shall provide for the coordination of the
   36  investigation of such crimes and  reports  with  local  law  enforcement
   37  agencies.  Such  plans  shall  include,  but  not be limited to, written
   38  agreements with appropriate local law enforcement agencies providing for
   39  the prompt investigation of such crimes and reports  AND  A  REQUIREMENT
   40  THAT THE INSTITUTION SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY
   41  AS  SOON AS PRACTICABLE BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER
   42  A REPORT OF A VIOLENT FELONY OR THAT A STUDENT WHO  RESIDES  IN  HOUSING
   43  OWNED  OR  OPERATED  BY  SUCH INSTITUTION IS MISSING; PROVIDED THAT SUCH
   44  REPORTING REQUIREMENT SHALL TAKE INTO CONSIDERATION  APPLICABLE  FEDERAL
   45  LAW,  INCLUDING,  BUT  NOT LIMITED TO, THE FEDERAL CAMPUS SEXUAL ASSAULT
   46  VICTIMS' BILL OF RIGHTS UNDER TITLE 20 U.S. CODE SECTION  1092(F)  WHICH
   47  GIVES  THE  VICTIM  OF  A  SEXUAL OFFENSE THE RIGHT ON WHETHER OR NOT TO
   48  REPORT SUCH OFFENSE TO LOCAL LAW ENFORCEMENT AGENCIES.
   49    S 4. This act shall take effect immediately.