Bill Text: NY A03694 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 3694

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


                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, student
    16  handbook 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).  [Every
    19  campus  catalog,  student  handbook  and  viewbook shall state that "The
    20  Advisory Committee on Campus Safety will provide upon request all campus
    21  crime statistics as reported to the United States Department  of  Educa-
    22  tion."]
    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.
                                                                   LBD06391-01-3

        A. 3694                             2

     1  [campus phone number for a designated  college  campus  contact  who  is
     2  authorized] link to [provide such] statistics for that college. [Whenev-
     3  er  an  individual  requests  such  campus  crime  statistics, the] Each
     4  college  shall  [provide a hard copy mailed to the individual within ten
     5  days of the request and that information will include all of the statis-
     6  tics that the campus is required to ascertain under Title 20 of the U.S.
     7  Code 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.