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California A.B. 1433 - Public Safety & Health


Sponsor: Assemblymember Mike Gatto (D)

Summary: Requires any report of a Part 1 violent crime or hate crime, received by a campus law enforcement agency to be immediately reported to the appropriate local law enforcement agency if the victim consents, and forbid such a report absent that consent.

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.

Status: Introduced 1/6/2014. Referred to Committee on Higher Education and Committee on Public Safety 1/17/2014. Hearing scheduled 3/18/2014.

Outlook: The hearing will be open to the public. Public testimony will be accepted. Written testimony should be submitted in advance of the scheduled hearing. A vote may be taken at the discretion of the committee chair.

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 sponsor is a member of the majority party and does not sit on a committee of referral. However, the sponsor is the Chair of the Committee on Appropriations. Democrats control both chambers of the Legislature as well as the Office of the Governor.

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