CAPPS - Avocacy and Communication Professional Development

California Association of Private Postsecondary Schools

California A.B. 1433 - Public Safety & Health

08/11/2014

Sponsor: Assemblymember Mike Gatto (D)

Summary: Current version (5/23/2014): Requires any report of a Part 1 violent crime, sexual assault or hate crime, received by a campus law enforcement agency to be immediately, or as soon as practicably possible, disclosed to the appropriate local law enforcement agency without identifying the victim, unless the victim consents to being identified.

Specifies that the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each private and independent postsecondary institution shall, on or before July 1, 2015, adopt and implement written policies and procedures to ensure that any report of a Part 1 violent crime, sexual assault or hate crime, committed on or off campus, received by a campus security authority, and made by the victim for purposes of notifying the institution or law enforcement, is immediately, or as soon as practicably possible, forwarded to the appropriate law enforcement agency.

Defines “part 1 violent crimes” as a willful homicide, forcible rape, robbery and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

Current version (5/23/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1401-1450/ab_1433_bill_20140523_amended_asm_v95.pdf 

Amended version (4/21/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1401-1450/ab_1433_bill_20140421_amended_asm_v96.pdf

Amended version (3/18/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1401-1450/ab_1433_bill_20140320_amended_asm_v97.pdf

Amended version (3/10/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1401-1450/ab_1433_bill_20140310_amended_asm_v98.pdf

Introduced version: http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1401-1450/ab_1433_bill_20140106_introduced.pdf

Status: Introduced 1/6/2014. Referred to Committee on Higher Education and Committee on Public Safety 1/17/2014. Amended by author; re-referred to Committee on Higher Education 3/10/2014. Hearing held; passed Committee on Higher Education as amended; referred to Committee on Public Safety 3/18/2014. Amended by author 4/21/2014. Hearing held; passed Committee on Public Safety; referred to Committee on Appropriations 4/22/2014. Hearing held; place on suspense file 5/7/2014. Hearing held; passed Committee on Appropriations as amended 5/23/2014. Passed Assembly 5/28/2014. Referred to Committee on Education 6/5/2014. Hearing held; passed Committee on Education; referred to Committee on Appropriations 6/18/2014. Hearing held; placed on Suspense File 6/30/2014. Hearing scheduled 8/14/2014.

Outlook: At the scheduled suspense file hearing the Committee on Appropriations will not accept public testimony, but is expected to vote on this measure.

The bill was determined to have a significant fiscal impact and was placed on the suspense file for further consideration. The suspense file is a function of the fiscal committee in both houses.

This measure passed the Committee on Education, 7-0-0. The Association for Los Angeles Deputy Sheriffs; California College and University Police Chiefs Association; Community College League of California; Crime Victims United of California; Los Angeles Probation Officers' Union, AFSCME, Local 685; and the Riverside Sheriffs' Association support this measure.

This measure passed the Assembly, 79-0-0.

According to the author this measure comes after several California colleges were accused of covering-up on-campus sexual assaults because of concerns that higher crime statistics would lead prospective students to choose elsewhere. Assemblymember Mike Gatto (D) elaborated that “Crimes that occur on campus should not be treated any differently than those that occur elsewhere in our community and California law needs to make sure that college administrators involve law enforcement when appropriate.”

Currently, two southern California colleges are the subject of a federal investigation for their handling of on-campus sexual assaults and other violent crimes. In addition to the federal investigation, five U.S. campuses, including three in California, are the subject of a federal lawsuit alleging violations of Title IX and the Clery Act. The Clery Act is the federal law that requires colleges and universities to disclose (once a year, in an annual report) information about crimes that happen on or near campuses.

The author is a member of the majority party. Democrats control both chambers of the Legislature as well as the Office of the Governor.

Effective Date: January 1, 2015

*Information provided by www.stateside.com