Bill Text: CA AB1433 | 2013-2014 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: AB 1433 CHAPTERED
BILL TEXT
CHAPTER 798
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 22, 2014
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
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, 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.
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.
This bill would, as a condition for participation in the Cal
Grant Program, require any report by a victim of a Part 1 violent
crime, sexual assault, or hate crime, as defined, received by a
campus security authority and made by the victim for purposes of
notifying the institution or law enforcement, 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 after the victim has been
informed of his or her right to have his or her personally
identifying information withheld. 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. The
bill would provide that these requirements do not constitute a waiver
of, or exception to, any law providing for the confidentiality of
information.
This bill would, as a condition for participation in the Cal Grant
Program, 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 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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) Except as provided in subparagraph (B) of paragraph
(6), 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 subdivision (f) of
Section 6254 of the Government Code, the name or any other personally
identifying information of a victim of any crime defined by Section
243.4, 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) (A) Notwithstanding subdivision (f) of Section 6254 of the
Government Code, 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, as described in Section 422.55 of the Penal Code,
received by a campus security authority and made by the victim for
purposes of notifying the institution or law enforcement, 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 identified after the victim has
been informed of his or her right to have his or her personally
identifying information withheld. 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. The
requirements of this paragraph shall not constitute a waiver of, or
exception to, any law providing for the confidentiality of
information.
(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.
(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) As a condition for participation in the Cal Grant
Program established pursuant to Chapter 1.7 (commencing with Section
96430) of Part 42, 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 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) Notwithstanding subdivision (f) of Section 6254 of the
Government Code, the report shall be forwarded to the appropriate law
enforcement agency without identifying the victim, unless the victim
consents to being identified after the victim has been informed of
his or her right to have his or her personally identifying
information withheld.
(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.
(e) The requirements of this section shall not constitute a waiver
of, or exception to, any law providing for the confidentiality of
information.
SEC. 3. 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.
