Bill Text: NY S09552 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to hate crime reporting on college campuses; 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: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-09-09 - REFERRED TO RULES [S09552 Detail]

Download: New_York-2021-S09552-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9552

                    IN SENATE

                                    September 9, 2022
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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
    26  [campus phone number for a designated  college  campus  contact  who  is
    27  authorized] link to [provide such] statistics for that college. [Whenev-
    28  er  an  individual  requests  such  campus  crime  statistics, the] Each

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16304-01-2
        S. 9552                             2

     1  college shall [provide a hard copy mailed to the individual  within  ten
     2  days of the request and that information will include all of the statis-
     3  tics that the campus is required to ascertain under Title 20 of the U.S.
     4  Code  Section  1092(f)] report and post incidents of hate crime offenses
     5  as a separate, clearly designated category on their website.
     6    The president or chief administrative officer of each  college  shall,
     7  working  with  the  advisory committee on campus safety, [take steps to]
     8  inform students and prospective students of the existence of the  campus
     9  crime  statistics  [on an annual basis] and other campus safety policies
    10  and procedures as part of the [school] college's onboarding process.
    11    § 3. Section 6434 of the education law, as added by chapter 597 of the
    12  laws of 2003, the section heading as amended by chapter 486 of the  laws
    13  of 2014 and subdivision 1 as amended by chapter 537 of the laws of 2015,
    14  is amended to read as follows:
    15    §  6434. Investigation of crimes and crime reporting.  1. Each college
    16  shall adopt and implement a plan providing for the investigation of  any
    17  hate  crime  or violent felony offense occurring at or on the grounds of
    18  each such institution, and providing for the investigation of  a  report
    19  of any missing student. Such plans shall provide for the coordination of
    20  the  investigation of such crimes and reports with local law enforcement
    21  agencies. Such plans shall include,  but  not  be  limited  to,  written
    22  agreements with appropriate local law enforcement agencies providing for
    23  the  prompt  investigation  of such crimes and reports and a requirement
    24  that the institution shall notify the appropriate law enforcement agency
    25  as soon as practicable but in no case more than twenty-four hours  after
    26  a report of a hate crime, or a violent felony or a report that a student
    27  who resides in housing owned or operated by such institution is missing;
    28  provided that each institution shall: (1) inform each victim of a sexual
    29  offense  of  their options to notify proper law enforcement authorities,
    30  including on-campus and local police; (2) inform the victim of a  sexual
    31  offense  of  the  right to report or not to report such offense to local
    32  law enforcement agencies; and (3) offer the option  to  be  assisted  by
    33  campus authorities in notifying such authorities, if the victim of sexu-
    34  al  assault  so  chooses, all in compliance with applicable federal law,
    35  including, but  not  limited  to,  the  federal  Campus  Sexual  Assault
    36  Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).
    37    2. As used in this section, the following terms shall have the follow-
    38  ing meanings:
    39    a.  "Local  law  enforcement  agencies"  means  any agency or agencies
    40  employing peace officers or police officers for the enforcement  of  the
    41  laws  of  the state, and which has or have jurisdiction under provisions
    42  of the criminal procedure law over  offenses  occurring  at  or  on  the
    43  grounds of any institution subject to the provisions of this section.
    44    b.  "Missing  student"  means any student of an institution subject to
    45  the provisions of this section, who resides in a facility owned or oper-
    46  ated by such institution and who is  reported  to  such  institution  as
    47  missing from his or her residence.
    48    c.  "Violent felony offense" means a violent felony offense as defined
    49  in subdivision one of section 70.02 of the penal law.
    50    d. "Hate crime" shall have the same meaning  as  defined  pursuant  to
    51  section 485.05 of the penal law.
    52    §  4. Section 6436 of the education law, as added by chapter 75 of the
    53  laws of 2004, is amended to read as follows:
    54    § 6436. Bias related  and  hate  crime  prevention  information.  Each
    55  college shall inform incoming students about bias related and hate crime
    56  prevention  measures through programs which may include workshops, semi-
        S. 9552                             3

     1  nars, discussion groups, and film presentations, in order to disseminate
     2  information  about  bias  related  [crime]  and  hate  crimes,   promote
     3  discussion, encourage reporting of incidents of bias related [crime] and
     4  hate  crimes, and facilitate prevention of such incidents. Such informa-
     5  tion shall include, but not be limited to:
     6    1. the applicable laws, ordinances, and regulations  on  bias  related
     7  crime,  including  the provisions and coverage of the hate crimes act of
     8  2000 codified in article four hundred eighty-five of the penal law;
     9    2. the penalties for commission of bias related and hate crimes;
    10    3. the procedures in effect at  the  college  for  dealing  with  bias
    11  related [crime] and hate crimes;
    12    4.  the  availability of counseling and other support services for the
    13  victims of bias related [crime] and hate crimes;
    14    5. the nature of and common circumstances  relating  to  bias  related
    15  [crime] and hate crimes on college campuses; and
    16    6.  the  methods  the college employs to advise and to update students
    17  about security procedures.
    18    § 5. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.