Bill Text: CA AB913 | 2015-2016 | Regular Session | Chaptered
Bill Title: Student safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-09 - Chaptered by Secretary of State - Chapter 701, Statutes of 2015. [AB913 Detail]
Download: California-2015-AB913-Chaptered.html
BILL NUMBER: AB 913 CHAPTERED
BILL TEXT
CHAPTER 701
FILED WITH SECRETARY OF STATE OCTOBER 9, 2015
APPROVED BY GOVERNOR OCTOBER 9, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN ASSEMBLY APRIL 9, 2015
INTRODUCED BY Assembly Member Santiago
FEBRUARY 26, 2015
An act to amend Section 67381 of, and to add Section 67381.1 to,
the Education Code, relating to student safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 913, Santiago. Student safety.
The Kristin Smart Campus Safety Act of 1998 requires the governing
boards 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, as defined, to adopt rules requiring each of their
respective campuses to enter into a written agreement with local law
enforcement agencies relating to certain violent crimes. These
agreements are required to designate the law enforcement agency that
will have operational responsibility for the investigation of these
crimes. Existing law provides that these provisions do not apply to
the University of California except to the extent that the regents,
by appropriate resolution, make the provisions applicable.
This bill would, for the Trustees of the California State
University, the governing boards of independent postsecondary
institutions, and, subject to appropriate resolution, the Regents of
the University of California, require these written agreements to
designate the law enforcement agency that will have operational
responsibility for the investigation of each sexual assault and hate
crime, as defined, and require these written agreements to be
reviewed, updated if necessary, and made available to the public by
July 1, 2016, and every 5 years thereafter. Upon the governing board
of a community college district adopting a rule requiring its
campuses to update these agreements, the bill would subject the
community college district and its campuses to the requirements
imposed on other postsecondary institutions by the bill. The bill
would encourage the governing board of each community college
district to adopt a rule requiring its respective campuses to update
these agreements. By expanding the duties of community college
districts and local law enforcement agencies, 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.
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 Trustees of the California State University, the Regents
of the University of California, and the governing board 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, sexual assaults, and hate 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 of the governing entities specified in
subdivision (b) located in the jurisdictions of the local law
enforcement agencies.
(d) Each written agreement entered into pursuant to this section
shall designate which law enforcement agency shall have operational
responsibility for the investigation of each Part 1 violent crime,
sexual assault, and hate crime, and delineate the specific
geographical boundaries of each agency's operational responsibility,
including maps as necessary.
(e) A written agreement entered into pursuant to this section
shall be reviewed, updated if necessary, and made available for
public viewing by July 1, 2016, and every five years thereafter.
(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) "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) "Hate crime" means any offense described in Section 422.55 of
the Penal Code.
(4) "Sexual assault" includes, but is not limited to, rape, forced
sodomy, forced oral copulation, rape by a foreign object, sexual
battery, or threat of any of these.
(5) "Independent postsecondary institutions" means institutions
operating pursuant to Section 830.6 of the Penal Code or 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 67381.1 is added to the Education Code, to read:
67381.1. (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 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 community college campus law enforcement agencies if
there are community college campuses located in the jurisdictions of
the local law enforcement agencies.
(d) Each written agreement entered into pursuant to this section
shall designate which law enforcement agency shall have 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.
(e) Written agreements regarding community college law enforcement
agencies entered into pursuant to this section or pursuant to
Section 67381 as that section read before January 1, 2016, shall be
available for public viewing.
(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 community college 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 community college 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) "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.
(j) 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 community college campuses by setting minimum standards
for written agreements to be entered into by community college campus
law enforcement agencies and local law enforcement agencies.
(k) (1) Upon the governing board of a community college district
adopting a rule requiring each of its campuses to update an agreement
entered into pursuant to this section or pursuant to Section 67381
as that section read before January 1, 2016, the governing board of
the community college district shall be treated as a governing entity
specified in subdivision (b) of Section 67381 and the community
college district and its campuses shall be subject to the
requirements of Section 67381 instead of this section.
(2) The Legislature encourages the governing board of each
community college district to adopt a rule requiring each of its
respective campuses to update these agreements.
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.
