Bill Text: CA AB1433 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Student safety.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 798, Statutes of 2014. [AB1433 Detail]

Download: California-2013-AB1433-Amended.html

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BILL NUMBER: AB 1433	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 20, 2014
	AMENDED IN ASSEMBLY  MARCH 10, 2014

INTRODUCED BY   Assembly Member Gatto
   (Principal coauthors: Assembly Members Lowenthal and Weber)
   (Coauthors: Assembly Members Brown, Campos, Chávez, Quirk-Silva,
Ting, 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.
    This bill would require any report by a victim of a Part 1
violent crime, sexual assault, or hate crime, as defined, received by
a campus law enforcement agency 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 identified.  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. 
By creating new duties for community college districts, 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   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 67380 of the Education Code is amended to read:

   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,   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
  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
 Rights   Relations  Organizations.
   (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   crime,  as described in Section
422.55 of the Penal Code, received by a campus law enforcement
 agency,   agency  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,   67381
 without identifying the victim, unless the victim consents to
being identified.  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. 
   (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) 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   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:   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) "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.
   (4) "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.
  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,
  crimes  at the earliest possible time, it is
necessary that this act take effect immediately.