Bill Text: NY S05369 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to the investigation of crimes and crime reporting on college and university campuses.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-05 - PRINT NUMBER 5369A [S05369 Detail]

Download: New_York-2011-S05369-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5369
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     May 12, 2011
                                      ___________
       Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law, in relation to accurate reporting  of
         crimes on college and university campuses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The subdivision heading and paragraph a of  subdivision  17
    2  of  section 355 of the education law, as added by chapter 22 of the laws
    3  of 1999, is amended to read as follows:
    4    [Plans for investigation of violent felony offenses] INVESTIGATION  OF
    5  CRIMES  AND  CRIME  REPORTING.  a.  The  board  of trustees of the state
    6  university of New York shall adopt rules requiring that each institution
    7  of the state university, on or before January first, two thousand, adopt
    8  and implement a plan providing for  the  investigation  of  any  violent
    9  felony  offense occurring at or on the grounds of each such institution,
   10  and providing for the investigation of a report of any missing  student.
   11  Such  plans  shall  provide for the coordination of the investigation of
   12  such crimes and reports with local law enforcement agencies. Such  plans
   13  shall  include, but not be limited to, written agreements with appropri-
   14  ate local law enforcement agencies providing  for  the  prompt  investi-
   15  gation of such crimes and reports AND A REQUIREMENT THAT THE INSTITUTION
   16  SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY AS SOON AS PRACTICA-
   17  BLE  BUT  IN  NO  CASE  MORE  THAN TWENTY-FOUR HOURS AFTER A REPORT OF A
   18  VIOLENT FELONY OR MISSING STUDENT.  THE INVESTIGATION REQUIRED  BY  THIS
   19  SECTION  SHALL  BE COMPLETED BY THE INSTITUTION WITHIN SIXTY DAYS OF THE
   20  OCCURRENCE OF THE VIOLENT FELONY OR THE FILING OF A REPORT OF A  MISSING
   21  STUDENT,  REGARDLESS  OF  THE  STATUS  OF ANY INVESTIGATION BY LOCAL LAW
   22  ENFORCEMENT AGENCIES.  THE ATTORNEY GENERAL MAY BRING FORTH AN ACTION AT
   23  THE REQUEST OF THE VICTIM OF THE VIOLENT FELONY OR THE PERSON FILING THE
   24  REPORT OF A MISSING STUDENT IF SUCH INVESTIGATION IS NOT COMPLETED WITH-
   25  IN THE SIXTY DAY TIME PERIOD.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08261-06-1
       S. 5369                             2
    1    S 2. Paragraph a of subdivision 15 of section 6206  of  the  education
    2  law,  as  added by chapter 22 of the laws of 1999, is amended to read as
    3  follows:
    4    a.  The board of trustees shall adopt rules requiring that each insti-
    5  tution of the city university, on or before January first, two thousand,
    6  adopt and implement a  plan  providing  for  the  investigation  of  any
    7  violent  felony  offense  occurring  at  or  on the grounds of each such
    8  institution, and providing for the investigation  of  a  report  of  any
    9  missing  student.  Such  plans shall provide for the coordination of the
   10  investigation of such crimes and  reports  with  local  law  enforcement
   11  agencies.  Such  plans  shall  include,  but  not be limited to, written
   12  agreements with appropriate local law enforcement agencies providing for
   13  the prompt investigation of such crimes and reports  AND  A  REQUIREMENT
   14  THAT THE INSTITUTION SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY
   15  AS  SOON AS PRACTICABLE BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER
   16  A REPORT OF A VIOLENT FELONY OR  MISSING  STUDENT.    THE  INVESTIGATION
   17  REQUIRED  BY  THIS  SECTION SHALL BE COMPLETED BY THE INSTITUTION WITHIN
   18  SIXTY DAYS OF THE OCCURRENCE OF THE VIOLENT FELONY OR THE  FILING  OF  A
   19  REPORT  OF  A  MISSING STUDENT, REGARDLESS OF THE STATUS OF ANY INVESTI-
   20  GATION BY LOCAL LAW ENFORCEMENT AGENCIES.    THE  ATTORNEY  GENERAL  MAY
   21  BRING FORTH AN ACTION AT THE REQUEST OF THE VICTIM OF THE VIOLENT FELONY
   22  OR  THE  PERSON  FILING THE REPORT OF A MISSING STUDENT IF SUCH INVESTI-
   23  GATION IS NOT COMPLETED WITHIN THE SIXTY DAY TIME PERIOD.
   24    S 3. Paragraph a of subdivision 8-a of section 6306 of  the  education
   25  law,  as  added by chapter 22 of the laws of 1999, is amended to read as
   26  follows:
   27    a. The board of trustees shall, on or before January first, two  thou-
   28  sand,  adopt and implement a plan providing for the investigation of any
   29  violent felony offense occurring at or  on  the  grounds  of  each  such
   30  institution,  and  providing  for  the  investigation of a report of any
   31  missing student. Such plans shall provide for the  coordination  of  the
   32  investigation  of  such  crimes  and  reports with local law enforcement
   33  agencies. Such plans shall include,  but  not  be  limited  to,  written
   34  agreements with appropriate local law enforcement agencies providing for
   35  the  prompt  investigation  of such crimes and reports AND A REQUIREMENT
   36  THAT THE INSTITUTION SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY
   37  AS SOON AS PRACTICABLE BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS  AFTER
   38  A  REPORT  OF  A  VIOLENT FELONY OR MISSING STUDENT.   THE INVESTIGATION
   39  REQUIRED BY THIS SECTION SHALL BE COMPLETED BY  THE  INSTITUTION  WITHIN
   40  SIXTY  DAYS  OF  THE OCCURRENCE OF THE VIOLENT FELONY OR THE FILING OF A
   41  REPORT OF A MISSING STUDENT, REGARDLESS OF THE STATUS  OF  ANY  INVESTI-
   42  GATION  BY  LOCAL  LAW  ENFORCEMENT AGENCIES.   THE ATTORNEY GENERAL MAY
   43  BRING FORTH AN ACTION AT THE REQUEST OF THE VICTIM OF THE VIOLENT FELONY
   44  OR THE PERSON FILING THE REPORT OF A MISSING STUDENT  IF  SUCH  INVESTI-
   45  GATION IS NOT COMPLETED WITHIN THE SIXTY DAY TIME PERIOD.
   46    S 4. This act shall take effect immediately.
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