Senate Bill S977

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

                                   977

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 requiring institutions
  of higher education to provide to students and  employees  information
  relating  to  security  policies, security procedures and incidents of
  crime on campus

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  6430 of the education law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. (A) PURSUANT TO THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE  OF
THIS  SECTION, SUCH INSTITUTIONS SHALL ALSO PUBLISH ON AN ANNUAL BASIS A
REPORT WHICH SHALL INCLUDE STATISTICS REFLECTING INCIDENTS OF ACTUAL AND
ALLEGED CRIME ON CAMPUS FOR THE MOST RECENT THREE YEAR PERIOD.
  (B) EACH INSTITUTION OF HIGHER EDUCATION  SHALL,  IN  ITS  APPLICATION
FORMS  FOR ADMISSION AND FOR EMPLOYMENT, NOTIFY EACH POTENTIAL APPLICANT
THAT INFORMATION REGARDING THE INSTITUTION'S SECURITY POLICIES, SECURITY
PROCEDURES AND A STATISTICAL LISTING OF ALL INCIDENTS RESULTING IN BODI-
LY INJURY, PROPERTY DAMAGE, AND PROPERTY THEFT SHALL BE  MADE  AVAILABLE
UPON  REQUEST.  INSTITUTIONS  WITH  A MAIN CAMPUS AND ONE OR MORE BRANCH
CAMPUSES SHALL PROVIDE THE INFORMATION ON A CAMPUS-BY-CAMPUS BASIS. SUCH
INFORMATION FOR THE MOST RECENT SCHOOL YEAR SHALL INCLUDE,  BUT  NOT  BE
LIMITED TO, THE FOLLOWING:
  (I) THE NUMBER OF UNDERGRADUATE AND GRADUATE STUDENTS ENROLLED;
  (II)  THE  NUMBER  OF  UNDERGRADUATE  AND  GRADUATE STUDENTS LIVING IN
STUDENT HOUSING;
  (III) THE TOTAL NUMBER OF NON-STUDENT EMPLOYEES WORKING ON CAMPUS;
  (IV) THE ADMINISTRATIVE OFFICE RESPONSIBLE FOR SECURITY ON THE CAMPUS;
  (V) A DESCRIPTION  OF  THE  TYPE  AND  NUMBER  OF  SECURITY  PERSONNEL
UTILIZED BY THE INSTITUTION, INCLUDING A DESCRIPTION OF THEIR TRAINING;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06554-01-9

              

S. 977                              2

  (VI)  THE ENFORCEMENT AUTHORITY OF SECURITY PERSONNEL, INCLUDING THEIR
WORKING RELATIONSHIP WITH THE STATE AND LOCAL POLICE AGENCIES;
  (VII)  POLICY  ON  REPORTING  CRIMINAL  INCIDENTS  TO  STATE AND LOCAL
POLICE;
  (VIII)  POLICY  REGARDING  ACCESS  TO  INSTITUTIONAL  FACILITIES   AND
PROGRAMS BY STUDENTS, EMPLOYEES, GUESTS AND OTHER INDIVIDUALS;
  (IX) PROCEDURES AND FACILITIES FOR STUDENTS AND OTHERS TO REPORT CRIM-
INAL  ACTIONS  OR  OTHER  EMERGENCIES  OCCURRING  ON CAMPUS AND POLICIES
CONCERNING THE INSTITUTION'S RESPONSE TO SUCH REPORTS;
  (X) A STATEMENT OF POLICY REGARDING THE POSSESSION, USE, AND  SALE  OF
ALCOHOLIC BEVERAGES;
  (XI)  A STATEMENT OF POLICY REGARDING THE POSSESSION, USE, AND SALE OF
ILLEGAL DRUGS;
  (XII) A STATEMENT OF POLICY REGARDING THE POSSESSION AND USE OF  WEAP-
ONS BY SECURITY PERSONNEL AND ANY OTHER PERSON ON CAMPUS;
  (XIII)  ANY  POLICY  REGARDING  STUDENTS  OR  EMPLOYEES  WITH CRIMINAL
RECORDS;
  (XIV) SECURITY CONSIDERATIONS USED IN THE MAINTENANCE OF CAMPUS FACIL-
ITIES, INCLUDING LANDSCAPING, GROUNDSKEEPING, AND OUTDOOR LIGHTING;
  (XV) A DESCRIPTION OF THE COMMUNICATION MEDIUMS  USED  TO  INFORM  THE
CAMPUS  COMMUNITY  ABOUT  SECURITY MATTERS AS WELL AS THE FREQUENCY WITH
WHICH THE INFORMATION IS PROVIDED; AND
  (XVI) A STATISTICAL DESCRIPTION OF ALL THE DATA REPORTED TO THE  SECU-
RITY  OFFICES WITHIN EACH INSTITUTION AS FOLLOWS: INCIDENTS RESULTING IN
BODILY INJURY, PROPERTY DAMAGE, AND PROPERTY THEFT; INCIDENTS  INVOLVING
SEX  OFFENSES,  SEXUAL  HARASSMENT,  OR ANY SEXUAL MISCONDUCT ON CAMPUS;
INCIDENTS OF UNNATURAL DEATHS ON CAMPUS DUE TO ALLEGED  CRIMINAL  BEHAV-
IOR,  ALLEGED  GROSS NEGLIGENCE OR ALLEGED NEGLIGENCE BY THE EDUCATIONAL
INSTITUTION ITSELF; AND BIAS OR RACIALLY MOTIVATED INCIDENTS ON  CAMPUS.
THIS  REPORT SHALL COMPRISE REPORTED INCIDENTS PERTAINING TO THE STUDENT
BODY, AND THE EMPLOYEES AND THE FACULTY OF THAT INSTITUTION.
  (C) INSTITUTIONS  WHICH  MAINTAIN  STUDENT  HOUSING  FACILITIES  SHALL
INCLUDE IN THE INFORMATION REQUIRED BY PARAGRAPH (B) OF THIS SUBDIVISION
THE FOLLOWING:
  (I)  TYPES OF STUDENT HOUSING AVAILABLE (ON-CAMPUS, OFF-CAMPUS; SINGLE
ROOM,  DOUBLE,  GROUP;  SINGLE  SEX,  CO-ED;  UNDERGRADUATE,   GRADUATE,
MARRIED; ETC.);
  (II)  POLICIES  ON  HOUSING  ASSIGNMENTS  AND REQUESTS BY STUDENTS FOR
ASSIGNMENT CHANGES;
  (III) POLICIES CONCERNING THE IDENTIFICATION AND ADMISSION OF VISITORS
IN STUDENT HOUSING FACILITIES;
  (IV) MEASURES TO SECURE THE ENTRANCES TO STUDENT HOUSING FACILITIES;
  (V) STANDARD SECURITY FEATURES USED TO SECURE  DOORS  AND  WINDOWS  IN
STUDENTS' ROOMS;
  (VI)  A  DESCRIPTION  OF  THE  TYPE AND NUMBER OF EMPLOYEES, INCLUDING
SECURITY PERSONNEL, ASSIGNED TO THE  STUDENT  HOUSING  FACILITIES  WHICH
SHALL INCLUDE A DESCRIPTION OF THEIR SECURITY TRAINING;
  (VII)  A  DESCRIPTION  OF  THE TYPE OF TRAINING REQUIRED FOR RESIDENCE
FACULTY,  INCLUDING  RESIDENCE  DIRECTORS,  RESIDENCE  ASSISTANTS,   AND
STUDENT ASSISTANTS. THE INSTITUTION MUST ALSO LIST THE STATISTICS OF THE
NUMBER OF RESIDENCE FACULTY WHO ARE CERTIFIED IN FIRST AID;
  (VIII)  THE  TYPE AND FREQUENCY OF PROGRAMS DESIGNED TO INFORM STUDENT
HOUSING RESIDENTS ABOUT HOUSING SECURITY AND ENFORCEMENT PROCEDURES;
  (IX) POLICY AND ANY SPECIAL SECURITY PROCEDURES FOR  HOUSING  STUDENTS
DURING LOW-OCCUPANCY PERIODS SUCH AS HOLIDAYS AND VACATION PERIODS; AND

S. 977                              3

  (X)  POLICY  ON  THE  HOUSING OF GUESTS AND OTHERS NOT ASSIGNED TO THE
STUDENT HOUSING OR NOT REGULARLY  ASSOCIATED  WITH  THE  INSTITUTION  OF
HIGHER EDUCATION.
  (D)  EACH INSTITUTION OF HIGHER EDUCATION SHALL PUBLISH AND DISTRIBUTE
A REPORT WHICH SHALL BE UPDATED ANNUALLY AND  WHICH  SHALL  INCLUDE  THE
SECURITY  POLICIES, SECURITY PROCEDURES, AND THE LISTING OF ALL RECORDED
INCIDENTS AS REPORTED UNDER PARAGRAPH (B) OF THIS SUBDIVISION,  AND  THE
INFORMATION  IN  SECURITY  POLICIES IN PARAGRAPH (C) OF THIS SUBDIVISION
FOR THE MOST RECENT THREE YEAR PERIOD. THE INCIDENT RATES REPORTED UNDER
THESE TWO PARAGRAPHS SHALL BE BASED ON THE NUMBER  OF  FULL-TIME  EQUIV-
ALENT  UNDERGRADUATE  AND  GRADUATE  STUDENTS  AND  FULL-TIME EQUIVALENT
EMPLOYEES AT THE INSTITUTION OF HIGHER EDUCATION.  LOCATIONS  SEPARATELY
IDENTIFIABLE  FROM THE MAIN CAMPUS OF THE PARENT INSTITUTION AND PROVID-
ING THE SERVICES NORMALLY ASSOCIATED  WITH  THE  CAMPUS  SHALL  ALSO  BE
INCLUDED  IN  THESE FINDINGS. THE INSTITUTION SHALL PROVIDE UPON REQUEST
THIS REPORT TO EVERY PERSON WHO REQUESTS SUCH INFORMATION  AND  TO  EACH
NEW  EMPLOYEE  AT  THE TIME OF EMPLOYMENT. THE INFORMATION SHALL ALSO BE
PROVIDED ON AN ANNUAL BASIS TO ALL STUDENTS AND EMPLOYEES.  INSTITUTIONS
WITH MORE THAN ONE CAMPUS SHALL PROVIDE THE REQUIRED  INFORMATION  ON  A
CAMPUS-BY-CAMPUS BASIS.
  EACH  AND  EVERY  INSTITUTION  OF  HIGHER  EDUCATION IN NEW YORK STATE
SHALL, AFTER NOTIFICATION TO THE PUBLIC SAFETY OR CAMPUS SECURITY OFFICE
AND WITHIN FORTY-EIGHT HOURS OF SUCH OFFICE'S CONCLUDING THAT  THERE  IS
PROBABLE  CAUSE  TO BELIEVE THAT A CRIME OCCURRED, REPORT THE FOLLOWING:
ALL CRIMES OR ALLEGED CRIMES INVOLVING AN ASSAULT AS DEFINED IN  ARTICLE
ONE  HUNDRED  TWENTY  OF THE PENAL LAW, A HOMICIDE OR RELATED OFFENSE AS
DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE  OF  THE  PENAL  LAW,  A  SEX
OFFENSE  AS  DEFINED  IN  ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, A
ROBBERY AS DEFINED IN ARTICLE ONE HUNDRED SIXTY OF  THE  PENAL  LAW,  OR
INCIDENTS  INVOLVING  BODILY  INJURY  OR UNNATURAL DEATHS DUE TO ALLEGED
CRIMINAL BEHAVIOR. THE OCCURRENCE OF SUCH INCIDENTS OR ALLEGED INCIDENTS
SHALL BE ANNOUNCED IN ALL CAMPUS RESIDENTIAL HOUSING, CAMPUS  NEWSPAPERS
AND  NOTICES  SHALL  BE CONSPICUOUSLY POSTED IN EACH BUILDING ON CAMPUS.
SUCH ANNOUNCEMENTS SHALL INCLUDE THE TIME, LOCATION AND  NATURE  OF  THE
CRIME  OR  ALLEGED  CRIME  AND THE DATE THE INCIDENT OR ALLEGED INCIDENT
OCCURRED.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.