BILL NUMBER: SB 1729 CHAPTERED
BILL TEXT
CHAPTER 284
FILED WITH SECRETARY OF STATE AUGUST 11, 1998
APPROVED BY GOVERNOR AUGUST 11, 1998
PASSED THE ASSEMBLY JULY 27, 1998
PASSED THE SENATE MAY 20, 1998
AMENDED IN SENATE APRIL 29, 1998
AMENDED IN SENATE APRIL 15, 1998
INTRODUCED BY Senator Thompson
FEBRUARY 17, 1998
An act to add Section 67381 to the Education Code, relating to
student safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1729, M. Thompson. School safety.
Under existing law, the governing board of each community college
district, the Trustees of the California State University, the Board
of Directors of the Hastings College of the Law, the Regents of the
University of California, and the governing board of any
postsecondary institution receiving public funds for student
financial assistance, are required to compile records concerning all
occurrences of certain criminal and noncriminal activity.
This bill would require these entities to enter into a written
agreement with local law enforcement agencies relating to Part 1
violent crimes, as defined, that designates which law enforcement
agency has operational responsibility for the investigation of Part 1
violent crimes and delineates the specific geographical boundaries
of each agency's operational responsibility. The bill would require
that these agreements be made available to the public and that
copies of these agreements be transmitted to the Legislative Analyst.
By requiring community college districts and local law enforcement
agencies to enter into these agreements, to make these agreements
available to the public, and to transmit copies of these agreements
to the Legislative Analyst, this bill would impose a state-mandated
local program. The bill would state the Legislature's reaffirmation
that campus law enforcement agencies have the primary authority for
providing police or security services to their campuses.
This bill would provide that this provision shall be known and may
be cited as the Kristin Smart Campus Safety Act of 1998. The bill
would require the Legislative Analyst to report to the Legislature
not later than March 1, 2000, regarding the implementation of this
provision.
The provisions of this bill would not apply to the University of
California except to the extent that the regents, by appropriate
resolution, make the provisions applicable.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 67381 is added to the Education Code, to read:
67381. (a) The Legislature reaffirms that campus law enforcement
agencies have the primary authority for providing police or security
services, including the investigation of criminal activity, to their
campuses.
(b) 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 independent
postsecondary institutions, as defined, shall adopt rules requiring
each of their respective campuses to enter into written agreements
with local law enforcement agencies that clarify operational
responsibilities for investigations of Part 1 violent crimes
occurring on each campus.
(c) Local law enforcement agencies shall enter into written
agreements with campus law enforcement agencies if there are college
or university campuses located in the jurisdictions of the local law
enforcement agencies.
(d) Each written agreement entered into pursuant to this section
shall designate which law enforcement agency shall have operational
responsibility for the investigation of each Part 1 violent crime and
delineate the specific geographical boundaries of each agency's
operational responsibility, including maps as necessary.
(e) Written agreements entered into pursuant to this section shall
be in place and available for public viewing by July 1, 1999. Each
of the entities identified in subdivision (b) shall transmit a copy
of each written agreement it has entered into pursuant to this
section, and any other information it deems pertinent to its
implementation of this section, to the Legislative Analyst on or
before September 1, 1999.
(f) Each agency shall be responsible for its own costs of
investigation unless otherwise specified in a written agreement.
(g) Nothing in this section shall affect existing written
agreements between campus law enforcement agencies and local law
enforcement agencies that otherwise meet the standards contained in
subdivision (d) or any existing mutual aid procedures established
pursuant to state or federal law.
(h) Nothing in this section shall be construed to limit the
authority of campus law enforcement agencies to provide police
services to their campuses.
(i) As used in this section, the following terms have the
following meanings:
(1) "Local law enforcement agencies" means city or county law
enforcement agencies with operational responsibilities for police
services in the community in which a campus is located.
(2) "Part 1 violent crimes" means willful homicide, forcible rape,
robbery, and aggravated assault, as defined in the Uniform Crime
Reporting Handbook of the Federal Bureau of Investigation.
(3) "Independent postsecondary institutions" means institutions
operating pursuant to Section 830.6 of the Penal Code or pursuant to
a memorandum of understanding as described in subdivision (b) of
Section 830.7 of the Penal Code.
(j) This section shall be known and may be cited as the Kristin
Smart Campus Safety Act of 1998.
(k) It is the intent of the Legislature by enacting this section
to provide the public with clear information regarding the
operational responsibilities for the investigation of crimes
occurring on university and college campuses by setting minimum
standards for written agreements to be entered into by campus law
enforcement agencies and local law enforcement agencies.
SEC. 2. Not later than March 1, 2000, the Legislative Analyst
shall report to the Legislature regarding the implementation of
Section 67381 of the Education Code. The report required by this
section shall include any pertinent recommendations of the
Legislative Analyst, and may be submitted as part of the analysis of
the Budget Act of 2000.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.