senate Bill S2753

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 23 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 12 / Jun / 2013
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 12 / Jun / 2013
    • PRINT NUMBER 2753A
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1431
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO HIGHER EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION
  • 16 / Apr / 2014
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 16 / Apr / 2014
    • PRINT NUMBER 2753B
  • 29 / Apr / 2014
    • 1ST REPORT CAL.436
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • SUBSTITUTED BY A2089B

Summary

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

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Bill Details

Versions:
S2753
S2753A
S2753B
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Amd ยงยง355, 6206 & 6306, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
A9037, S5369A

Sponsor Memo

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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2753

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04255-01-3

S. 2753                             2

  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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