Bill S2753B-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.

Details

Actions

  • Jun 11, 2014: SUBSTITUTED BY A2089B
  • May 5, 2014: ADVANCED TO THIRD READING
  • Apr 30, 2014: 2ND REPORT CAL.
  • Apr 29, 2014: 1ST REPORT CAL.436
  • Apr 16, 2014: PRINT NUMBER 2753B
  • Apr 16, 2014: AMEND AND RECOMMIT TO HIGHER EDUCATION
  • Jan 8, 2014: REFERRED TO HIGHER EDUCATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 18, 2013: referred to higher education
  • Jun 18, 2013: DELIVERED TO ASSEMBLY
  • Jun 18, 2013: PASSED SENATE
  • Jun 18, 2013: ORDERED TO THIRD READING CAL.1431
  • Jun 18, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 12, 2013: PRINT NUMBER 2753A
  • Jun 12, 2013: AMEND AND RECOMMIT TO HIGHER EDUCATION
  • Jan 23, 2013: REFERRED TO HIGHER EDUCATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Higher Education - Apr 29, 2014
Ayes (19): LaValle, Flanagan, Gallivan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Savino, Seward, Valesky, Zeldin, Stavisky, Kennedy, Krueger, Parker, Rivera, Serrano, Espaillat

Memo

BILL NUMBER:S2753B

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:

Section 1. Amends the subdivision heading and paragraph a of subdivision 17 of section 355 of the education law, to read "Investigation of crimes and crime reporting." Section 355-17(a) adds a requirement that each state university institution shall 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 such reporting requirement shall take into consideration applicable federal law, including, but not limited to, the federal Campus Sexual Assault Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f) which gives the victim of a sexual offense the right on whether or not to report such offense to local law enforcement agencies.

Section 2. Amends paragraph a of subdivision 15 of section 6206 of the education law by adding a requirement that each city university institution shall 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 such reporting requirement shall take into consideration applicable federal law, including, but not limited to, the federal Campus Sexual Assault Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f) which gives the victim of a sexual offense the right on whether or not to report such offense to local law enforcement agencies.

Section 3. Amends paragraph a of subdivision 8-a of section 6306 of the education law by adding a requirement that each community college shall 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 such reporting requirement shall take into consideration applicable federal law, including, but not limited to, the federal Campus Sexual Assault Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f) which gives the victim of a sexual offense the right on whether or not to report such offense to local law enforcement agencies.

Section 4. Amends the section heading of subdivision 1 of section 6434 of the education law to read "Investigation of crimes and crime reporting." This section also adds a requirement that each college shall 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 such reporting requirement shall take into consideration applicable federal law, including, but not limited to, the federal Campus Sexual Assault Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f) which

gives the victim of a sexual offense the right on whether or not to report such offense to local law enforcement agencies.

Section 5. Contains the effective date.

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. This legislation does not conflict with the federal Campus Sexual Assault Victims' Bill of Rights, which gives the victim of a sexual offense the right on whether or not to report such offense to local law enforcement agencies.

Research by the United States Department of Justice and The White House Council on Women and Girls indicates that 1 in 5 college females are the victims of actual or attempted sexual assault, and only 12% of student victims report the assault to law enforcement. 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: A.7476-A/S.5369-A - referred to higher education 2013: S2753-A passed Senate / A2089-A -third reading

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

Immediately.

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2753--B 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sens. MARCHIONE, BOYLE, HOYLMAN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 SUCH REPORTING REQUIREMENT SHALL TAKE INTO CONSIDERATION APPLICABLE FEDERAL LAW,
INCLUDING, BUT NOT LIMITED TO, THE FEDERAL CAMPUS SEXUAL ASSAULT VICTIMS' BILL OF RIGHTS UNDER TITLE 20 U.S. CODE SECTION 1092(F) WHICH GIVES THE VICTIM OF A SEXUAL OFFENSE THE RIGHT ON WHETHER OR NOT TO REPORT SUCH OFFENSE TO LOCAL LAW ENFORCEMENT AGENCIES. 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 SUCH REPORTING REQUIREMENT SHALL TAKE INTO CONSIDERATION APPLICABLE FEDERAL LAW, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL CAMPUS SEXUAL ASSAULT VICTIMS' BILL OF RIGHTS UNDER TITLE 20 U.S. CODE SECTION 1092(F) WHICH GIVES THE VICTIM OF A SEXUAL OFFENSE THE RIGHT ON WHETHER OR NOT TO REPORT SUCH OFFENSE TO LOCAL LAW ENFORCEMENT AGENCIES. 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 SUCH REPORTING REQUIREMENT SHALL TAKE INTO CONSIDERATION APPLICABLE FEDERAL LAW, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL CAMPUS SEXUAL ASSAULT VICTIMS' BILL OF RIGHTS UNDER TITLE 20 U.S. CODE SECTION 1092(F) WHICH GIVES THE VICTIM OF A SEXUAL OFFENSE THE RIGHT ON WHETHER OR NOT TO REPORT SUCH OFFENSE TO LOCAL LAW ENFORCEMENT AGENCIES. S 4. The section heading and subdivision 1 of section 6434 of the education law, as added by chapter 597 of the laws of 2003, are amended to read as follows: Investigation of [violent felony offenses] CRIMES AND CRIME REPORTING. 1. Each college shall 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 coor- dination 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 TWEN- TY-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 SUCH REPORTING REQUIREMENT SHALL TAKE INTO CONSIDERATION APPLICABLE FEDERAL LAW, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL CAMPUS SEXUAL ASSAULT VICTIMS' BILL OF RIGHTS UNDER TITLE 20 U.S. CODE SECTION 1092(F) WHICH GIVES THE VICTIM OF A SEXUAL OFFENSE THE RIGHT ON WHETHER OR NOT TO REPORT SUCH OFFENSE TO LOCAL LAW ENFORCEMENT AGENCIES. S 5. This act shall take effect immediately.

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