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A03694 Summary:

BILL NOA03694A
 
SAME ASSAME AS S02060-A
 
SPONSORRosenthal D
 
COSPNSREichenstein, Burdick, Gonzalez-Rojas, Seawright, Raga, Rozic, Epstein, Shimsky, Dinowitz, Colton, Stern, Braunstein, Brown E, Bendett, Smullen, McDonough, Sillitti, Simon, Weprin, Lee, Walsh
 
MLTSPNSR
 
Amd §§6431, 6433, 6434 & 6436, Ed L
 
Requires colleges to post campus crime statistics on their website; requires colleges to implement a plan to provide investigation of hate crimes on campus; requires colleges to inform incoming students about hate crime prevention measures.
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A03694 Actions:

BILL NOA03694A
 
02/06/2023referred to higher education
03/09/2023amend and recommit to higher education
03/09/2023print number 3694a
04/18/2023reported
04/20/2023advanced to third reading cal.135
04/26/2023passed assembly
04/26/2023delivered to senate
04/26/2023REFERRED TO HIGHER EDUCATION
05/16/2023SUBSTITUTED FOR S2060A
05/16/20233RD READING CAL.241
05/16/2023PASSED SENATE
05/16/2023RETURNED TO ASSEMBLY
07/11/2023delivered to governor
07/11/2023signed chap.191
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A03694 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3694A
 
SPONSOR: Rosenthal D
  TITLE OF BILL: An act to amend the education law, in relation to hate crime reporting on college campuses   PURPOSE: To increase access to information related to certain crimes on college campuses, including bias related and hate crimes.   SUMMARY: Section 1 amends paragraphs (a) and (c) of subdivision 3 of section 6431 of the education law to require a college's advisory committee on campus security to review current policies and procedures for educating the campus community about bias related and hate crimes, reporting hate crimes, and assisting victims during hate crime investigations. Section 2 amends section 6433 of the education law to update the proce- dure for disseminating information on campus crime statistics, including the reporting and posting of hate crime offenses. Section 3 amends section 6434 of the education law to require colleges to adopt and implement a plan providing for the investigation of hate crimes on campus. Section 4 amends section 6436 of the education law to require colleges to inform incoming students about hate crime prevention measures.   JUSTIFICATION: To help solve issues related to bias related and hate crimes on college campuses, we first have to identify them. This bill would require colleges to make information related to campus crime readily accessible on their websites. Under the bill, colleges would review their proce- dures for educating the community about bias related and hate crimes and implement a plan for investigating hate crimes. This bill would also require colleges to inform incoming students about hate crime prevention measures, including the procedures in effect at the college for dealing with these crimes, and the availability of counseling and other support services for victims.   LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall become a law.
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A03694 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3694--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2023
                                       ___________
 
        Introduced  by M. of A. D. ROSENTHAL, EICHENSTEIN, BURDICK, GONZALEZ-RO-
          JAS, SEAWRIGHT,  RAGA,  ROZIC,  EPSTEIN,  SHIMSKY,  DINOWITZ,  COLTON,
          STERN,  BRAUNSTEIN, E. BROWN, BENDETT, SMULLEN, McDONOUGH -- read once
          and referred  to  the  Committee  on  Higher  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to amend the education law, in relation to hate crime reporting
          on college campuses
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraphs a and c of subdivision 3 of section 6431 of the
     2  education law, as amended by chapter 13 of the laws of 2009, are amended
     3  to read as follows:
     4    a. educating the campus community, including  security  personnel  and
     5  those  persons  who  advise or supervise students, about sexual assault,
     6  domestic violence and stalking offenses pursuant to  section  sixty-four
     7  hundred  thirty-two  of  this  article, and bias related and hate crimes
     8  pursuant to section sixty-four hundred thirty-six of this article;
     9    c. reporting sexual assaults, domestic violence [and], stalking  inci-
    10  dents and hate crimes and assisting victims during investigations;
    11    § 2. Section 6433 of the education law, as added by chapter 597 of the
    12  laws of 2003, is amended to read as follows:
    13    §  6433.  Campus  crime  reporting  and  statistics. Each college that
    14  receives state aid shall indicate [in] on their [campus catalog, student
    15  handbook and viewbook] website how to access the campus crime statistics
    16  that are filed annually with the United States Department  of  Education
    17  as  required  under  Title  20  of the U.S. Code Section 1092(f). [Every
    18  campus catalog, student handbook and  viewbook  shall  state  that  "The
    19  Advisory Committee on Campus Safety will provide upon request all campus
    20  crime  statistics  as reported to the United States Department of Educa-
    21  tion."]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06391-02-3

        A. 3694--A                          2
 
     1    The information [in the campus catalog, student handbook and viewbook]
     2  on each college's website shall include the United States Department  of
     3  Education's [web site] website address for campus crime statistics and a
     4  [campus  phone  number  for  a  designated college campus contact who is
     5  authorized] link to [provide such] statistics for that college. [Whenev-
     6  er  an  individual  requests  such  campus  crime  statistics, the] Each
     7  college shall [provide a hard copy mailed to the individual  within  ten
     8  days of the request and that information will include all of the statis-
     9  tics that the campus is required to ascertain under Title 20 of the U.S.
    10  Code  Section  1092(f)] report and post incidents of hate crime offenses
    11  as a separate, clearly designated category on their website.
    12    The president or chief administrative officer of each  college  shall,
    13  working  with  the  advisory committee on campus safety, [take steps to]
    14  inform students and prospective students of the existence of the  campus
    15  crime  statistics  [on an annual basis] and other campus safety policies
    16  and procedures as part of the [school] college's onboarding process.
    17    § 3. Section 6434 of the education law, as added by chapter 597 of the
    18  laws of 2003, the section heading as amended by chapter 486 of the  laws
    19  of 2014 and subdivision 1 as amended by chapter 537 of the laws of 2015,
    20  is amended to read as follows:
    21    §  6434. Investigation of crimes and crime reporting.  1. Each college
    22  shall adopt and implement a plan providing for the investigation of  any
    23  hate  crime  or violent felony offense occurring at or on the grounds of
    24  each such institution, and providing for the investigation of  a  report
    25  of any missing student. Such plans shall provide for the coordination of
    26  the  investigation of such crimes and reports with local law enforcement
    27  agencies. Such plans shall include,  but  not  be  limited  to,  written
    28  agreements with appropriate local law enforcement agencies providing for
    29  the  prompt  investigation  of such crimes and reports and a requirement
    30  that the institution shall notify the appropriate law enforcement agency
    31  as soon as practicable but in no case more than twenty-four hours  after
    32  a report of a hate crime, or a violent felony or a report that a student
    33  who resides in housing owned or operated by such institution is missing;
    34  provided that each institution shall: (1) inform each victim of a sexual
    35  offense  of  their options to notify proper law enforcement authorities,
    36  including on-campus and local police; (2) inform the victim of a  sexual
    37  offense  of  the  right to report or not to report such offense to local
    38  law enforcement agencies; and (3) offer the option  to  be  assisted  by
    39  campus authorities in notifying such authorities, if the victim of sexu-
    40  al  assault  so  chooses, all in compliance with applicable federal law,
    41  including, but  not  limited  to,  the  federal  Campus  Sexual  Assault
    42  Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).
    43    2. As used in this section, the following terms shall have the follow-
    44  ing meanings:
    45    a.  "Local  law  enforcement  agencies"  means  any agency or agencies
    46  employing peace officers or police officers for the enforcement  of  the
    47  laws  of  the state, and which has or have jurisdiction under provisions
    48  of the criminal procedure law over  offenses  occurring  at  or  on  the
    49  grounds of any institution subject to the provisions of this section.
    50    b.  "Missing  student"  means any student of an institution subject to
    51  the provisions of this section, who resides in a facility owned or oper-
    52  ated by such institution and who is  reported  to  such  institution  as
    53  missing from his or her residence.
    54    c.  "Violent felony offense" means a violent felony offense as defined
    55  in subdivision one of section 70.02 of the penal law.

        A. 3694--A                          3
 
     1    d. "Hate crime" shall have the same meaning as section 485.05  of  the
     2  penal law.
     3    §  4. Section 6436 of the education law, as added by chapter 75 of the
     4  laws of 2004, is amended to read as follows:
     5    § 6436. Bias related  and  hate  crime  prevention  information.  Each
     6  college shall inform incoming students about bias related and hate crime
     7  prevention  measures through programs which may include workshops, semi-
     8  nars, discussion groups, and film presentations, in order to disseminate
     9  information  about  bias  related  [crime]  and  hate  crimes,   promote
    10  discussion, encourage reporting of incidents of bias related [crime] and
    11  hate  crimes, and facilitate prevention of such incidents. Such informa-
    12  tion shall include, but not be limited to:
    13    1. the applicable laws, ordinances, and regulations  on  bias  related
    14  crime,  including  the provisions and coverage of the hate crimes act of
    15  2000 codified in article four hundred eighty-five of the penal law;
    16    2. the penalties for commission of bias related and hate crimes;
    17    3. the procedures in effect at  the  college  for  dealing  with  bias
    18  related [crime] and hate crimes;
    19    4.  the  availability of counseling and other support services for the
    20  victims of bias related [crime] and hate crimes;
    21    5. the nature of and common circumstances  relating  to  bias  related
    22  [crime] and hate crimes on college campuses; and
    23    6.  the  methods  the college employs to advise and to update students
    24  about security procedures.
    25    § 5. This act shall take effect on the ninetieth day  after  it  shall
    26  have become a law.
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