Bill Text: NY A03694 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires colleges to post campus crime statistics on their website; requires colleges to implement a plan to provide investigation of hate crimes on campus; requires colleges to inform incoming students about hate crime prevention measures.
Spectrum: Moderate Partisan Bill (Democrat 17-5)
Status: (Passed) 2023-07-11 - signed chap.191 [A03694 Detail]
Download: New_York-2023-A03694-Introduced.html
Bill Title: Requires colleges to post campus crime statistics on their website; requires colleges to implement a plan to provide investigation of hate crimes on campus; requires colleges to inform incoming students about hate crime prevention measures.
Spectrum: Moderate Partisan Bill (Democrat 17-5)
Status: (Passed) 2023-07-11 - signed chap.191 [A03694 Detail]
Download: New_York-2023-A03694-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3694 2023-2024 Regular Sessions IN ASSEMBLY February 6, 2023 ___________ Introduced by M. of A. D. ROSENTHAL -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to hate crime reporting on college campuses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs a and c of subdivision 3 of section 6431 of the 2 education law, as amended by chapter 13 of the laws of 2009, are amended 3 to read as follows: 4 a. educating the campus community, including security personnel and 5 those persons who advise or supervise students, about sexual assault, 6 domestic violence and stalking offenses pursuant to section sixty-four 7 hundred thirty-two of this article, bias related crime prevention pursu- 8 ant to section sixty-four hundred thirty-six of this article and hate 9 crime offenses pursuant to section 485.05 of the penal law; 10 c. reporting sexual assaults, domestic violence [and], stalking inci- 11 dents and hate crimes and assisting victims during investigations; 12 § 2. Section 6433 of the education law, as added by chapter 597 of the 13 laws of 2003, is amended to read as follows: 14 § 6433. Campus crime reporting and statistics. Each college that 15 receives state aid shall indicate [in] on their [campus catalog, student16handbook and viewbook] website how to access the campus crime statistics 17 that are filed annually with the United States Department of Education 18 as required under Title 20 of the U.S. Code Section 1092(f). [Every19campus catalog, student handbook and viewbook shall state that "The20Advisory Committee on Campus Safety will provide upon request all campus21crime statistics as reported to the United States Department of Educa-22tion."] 23 The information [in the campus catalog, student handbook and viewbook] 24 on each college's website shall include the United States Department of 25 Education's [web site] website address for campus crime statistics and a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06391-01-3A. 3694 2 1 [campus phone number for a designated college campus contact who is2authorized] link to [provide such] statistics for that college. [Whenev-3er an individual requests such campus crime statistics, the] Each 4 college shall [provide a hard copy mailed to the individual within ten5days of the request and that information will include all of the statis-6tics that the campus is required to ascertain under Title 20 of the U.S.7Code Section 1092(f)] report and post incidents of hate crime offenses 8 as a separate, clearly designated category on their website. 9 The president or chief administrative officer of each college shall, 10 working with the advisory committee on campus safety, [take steps to] 11 inform students and prospective students of the existence of the campus 12 crime statistics [on an annual basis] and other campus safety policies 13 and procedures as part of the [school] college's onboarding process. 14 § 3. Section 6434 of the education law, as added by chapter 597 of the 15 laws of 2003, the section heading as amended by chapter 486 of the laws 16 of 2014 and subdivision 1 as amended by chapter 537 of the laws of 2015, 17 is amended to read as follows: 18 § 6434. Investigation of crimes and crime reporting. 1. Each college 19 shall adopt and implement a plan providing for the investigation of any 20 hate crime or violent felony offense occurring at or on the grounds of 21 each such institution, and providing for the investigation of a report 22 of any missing student. Such plans shall provide for the coordination of 23 the investigation of such crimes and reports with local law enforcement 24 agencies. Such plans shall include, but not be limited to, written 25 agreements with appropriate local law enforcement agencies providing for 26 the prompt investigation of such crimes and reports and a requirement 27 that the institution shall notify the appropriate law enforcement agency 28 as soon as practicable but in no case more than twenty-four hours after 29 a report of a hate crime, or a violent felony or a report that a student 30 who resides in housing owned or operated by such institution is missing; 31 provided that each institution shall: (1) inform each victim of a sexual 32 offense of their options to notify proper law enforcement authorities, 33 including on-campus and local police; (2) inform the victim of a sexual 34 offense of the right to report or not to report such offense to local 35 law enforcement agencies; and (3) offer the option to be assisted by 36 campus authorities in notifying such authorities, if the victim of sexu- 37 al assault so chooses, all in compliance with applicable federal law, 38 including, but not limited to, the federal Campus Sexual Assault 39 Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f). 40 2. As used in this section, the following terms shall have the follow- 41 ing meanings: 42 a. "Local law enforcement agencies" means any agency or agencies 43 employing peace officers or police officers for the enforcement of the 44 laws of the state, and which has or have jurisdiction under provisions 45 of the criminal procedure law over offenses occurring at or on the 46 grounds of any institution subject to the provisions of this section. 47 b. "Missing student" means any student of an institution subject to 48 the provisions of this section, who resides in a facility owned or oper- 49 ated by such institution and who is reported to such institution as 50 missing from his or her residence. 51 c. "Violent felony offense" means a violent felony offense as defined 52 in subdivision one of section 70.02 of the penal law. 53 d. "Hate crime" shall have the same meaning as defined pursuant to 54 section 485.05 of the penal law. 55 § 4. Section 6436 of the education law, as added by chapter 75 of the 56 laws of 2004, is amended to read as follows:A. 3694 3 1 § 6436. Bias related and hate crime prevention information. Each 2 college shall inform incoming students about bias related and hate crime 3 prevention measures through programs which may include workshops, semi- 4 nars, discussion groups, and film presentations, in order to disseminate 5 information about bias related [crime] and hate crimes, promote 6 discussion, encourage reporting of incidents of bias related [crime] and 7 hate crimes, and facilitate prevention of such incidents. Such informa- 8 tion shall include, but not be limited to: 9 1. the applicable laws, ordinances, and regulations on bias related 10 crime, including the provisions and coverage of the hate crimes act of 11 2000 codified in article four hundred eighty-five of the penal law; 12 2. the penalties for commission of bias related and hate crimes; 13 3. the procedures in effect at the college for dealing with bias 14 related [crime] and hate crimes; 15 4. the availability of counseling and other support services for the 16 victims of bias related [crime] and hate crimes; 17 5. the nature of and common circumstances relating to bias related 18 [crime] and hate crimes on college campuses; and 19 6. the methods the college employs to advise and to update students 20 about security procedures. 21 § 5. This act shall take effect on the ninetieth day after it shall 22 have become a law.