senate Bill S2753B

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

See Assembly Version of this Bill:
A2089B
Versions:
S2753
S2753A
S2753B
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Amd ยงยง355, 6206, 6306 & 6434, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
A9037, S5369A, A7476A

Sponsor 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.

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

                                 2753--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04255-13-4

S. 2753--B                          2

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

S. 2753--B                          3

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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