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.
