This bill has been amended

Bill S2753-2013

Relates to the investigation of crimes and crime reporting on college and university campuses

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

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  • Jan 23, 2013: REFERRED TO HIGHER EDUCATION

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BILL NUMBER:S2753           REVISED - 03/19/13

TITLE OF BILL: An act to amend the education law, in relation to accurate reporting of crimes on college and university campuses

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the education law, in relation to accurate reporting of crimes on college and university campuses.

SUMMARY OF SPECIFIC PROVISIONS:

Amends subdivision 17 of section 355, subdivision 15 of section 6206; and subdivision 8-a of section 6306 of the Education law to require that each institution of the state university, city university, and colleges which receive state aid notify the appropriate law enforcement agency as soon as practicable but in no case more than twenty-four hours after report of a violent felony or student who resides in housing owned or operated by such institution is missing; provided that no such reporting requirement shall be deemed to require on-campus medical personnel involved in the examination or treatment of the victim of a violent offense to report information relating to such victim or offense.

JUSTIFICATION:

The Campus Safety Act of 1999 was passed due in large part to the efforts of Doug and Mary Lyall, whose daughter, Suzanne Lyall, has been missing since disappearing from the University at Albany on March 2, 1998.

The Campus Safety Act required colleges and universities to adopt and implement plans for the notification to local law enforcement of any violent felony offense or missing person occurring at or on the grounds of each such institution. The Campus Safety Act mandates that plans be created, and not that colleges and universities must report violent felonies and missing persons to local law enforcement. This legislation would strengthen the Campus Safety Act by clearly delineating that all violent felonies and missing persons would have to be reported to local law enforcement no more than 24 hours after it is reported to the college or university.

According to a 2007 survey by the United States Justice Department, 1 in 5 undergraduate women, and 1 in 16 undergraduate men are the victims of attempted or actual sexual assault, and 95 percent of those assaults are unreported. These tragic statistics remind us that more work needs to be done to reduce violence on our campuses and to ensure that crimes are properly reported to local law enforcement.

PRIOR LEGISLATIVE HISTORY:

2011-2012: S.5369-A/A.7476-A - referred to higher education

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 2753 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. MARCHIONE -- 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: Section 1. The subdivision heading and paragraph a of subdivision 17 of section 355 of the education law, as added by chapter 22 of the laws of 1999, are amended to read as follows: [Plans for investigation of violent felony offenses] INVESTIGATION OF CRIMES AND CRIME REPORTING. a. The board of trustees of the state university of New York shall adopt rules requiring that each institution of the state university, on or before January first, two thousand, adopt and implement a plan providing for the investigation of any violent felony offense occurring at or on the grounds of each such institution, and providing for the investigation of a report of any missing student. Such plans shall provide for the coordination of the investigation of such crimes and reports with local law enforcement agencies. Such plans shall include, but not be limited to, written agreements with appropri- ate local law enforcement agencies providing for the prompt investi- gation of such crimes and reports AND A REQUIREMENT THAT THE INSTITUTION SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY AS SOON AS PRACTICA- BLE BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER A REPORT OF A VIOLENT FELONY OR THAT A STUDENT WHO RESIDES IN HOUSING OWNED OR OPER- ATED BY SUCH INSTITUTION IS MISSING; PROVIDED THAT NO SUCH REPORTING REQUIREMENT SHALL BE DEEMED TO REQUIRE ON-CAMPUS MEDICAL PERSONNEL INVOLVED IN THE EXAMINATION OR TREATMENT OF THE VICTIM OF A VIOLENT OFFENSE TO REPORT INFORMATION RELATING TO SUCH VICTIM OR OFFENSE. S 2. Paragraph a of subdivision 15 of section 6206 of the education law, as added by chapter 22 of the laws of 1999, is amended to read as follows:
a. The board of trustees shall adopt rules requiring that each insti- tution of the city university, on or before January first, two thousand, adopt and implement a plan providing for the investigation of any violent felony offense occurring at or on the grounds of each such institution, and providing for the investigation of a report of any missing student. Such plans shall provide for the coordination of the investigation of such crimes and reports with local law enforcement agencies. Such plans shall include, but not be limited to, written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports AND A REQUIREMENT THAT THE INSTITUTION SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY AS SOON AS PRACTICABLE BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER A REPORT OF A VIOLENT FELONY OR THAT A STUDENT WHO RESIDES IN HOUSING OWNED OR OPERATED BY SUCH INSTITUTION IS MISSING; PROVIDED THAT NO SUCH REPORTING REQUIREMENT SHALL BE DEEMED TO REQUIRE ON-CAMPUS MEDICAL PERSONNEL INVOLVED IN THE EXAMINATION OR TREATMENT OF THE VICTIM OF A VIOLENT OFFENSE TO REPORT INFORMATION RELATING TO SUCH VICTIM OR OFFENSE. S 3. Paragraph a of subdivision 8-a of section 6306 of the education law, as added by chapter 22 of the laws of 1999, is amended to read as follows: a. The board of trustees shall, on or before January first, two thou- sand, adopt and implement a plan providing for the investigation of any violent felony offense occurring at or on the grounds of each such institution, and providing for the investigation of a report of any missing student. Such plans shall provide for the coordination of the investigation of such crimes and reports with local law enforcement agencies. Such plans shall include, but not be limited to, written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports AND A REQUIREMENT THAT THE INSTITUTION SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY AS SOON AS PRACTICABLE BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER A REPORT OF A VIOLENT FELONY OR THAT A STUDENT WHO RESIDES IN HOUSING OWNED OR OPERATED BY SUCH INSTITUTION IS MISSING; PROVIDED THAT NO SUCH REPORTING REQUIREMENT SHALL BE DEEMED TO REQUIRE ON-CAMPUS MEDICAL PERSONNEL INVOLVED IN THE EXAMINATION OR TREATMENT OF THE VICTIM OF A VIOLENT OFFENSE TO REPORT INFORMATION RELATING TO SUCH VICTIM OR OFFENSE. S 4. This act shall take effect immediately.

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