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A02089 Summary:

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A02089 Floor Votes:

A02089 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2089--B
                                                                Cal. No. 496
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced by M. of A. BRAUNSTEIN, ENGLEBRIGHT, ROSENTHAL, JAFFEE, MOYA,
          PAULIN,  SIMOTAS,  CAMARA,  HOOPER,  THIELE,  CLARK,  GALEF,  SKOUFIS,
          COLTON, WEPRIN, STIRPE, MAGNARELLI, LUPINACCI, FAHY -- Multi-Sponsored

          by -- M. of A.   AUBRY, BRENNAN, CERETTO,  FARRELL,  LALOR,  McDONALD,
          McDONOUGH,  McKEVITT,  McLAUGHLIN,  MONTESANO, RA, SKARTADOS, TEDISCO,
          TENNEY, TITONE -- read once and referred 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 Assembly Rule 3, sec.
          2 -- reported from committee, advanced to a third reading, amended and
          ordered reprinted, retaining its place on the order of third reading
 
        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:
 

     1    Section  1.  The subdivision heading and paragraph a of subdivision 17
     2  of section 355 of the education law, as added by chapter 22 of the  laws
     3  of 1999, are amended to read as follows:
     4    [Plans  for investigation of violent felony offenses] Investigation of
     5  crimes and crime reporting. a.  The  board  of  trustees  of  the  state
     6  university of New York shall adopt rules requiring that each institution
     7  of the state university, on or before January first, two thousand, adopt
     8  and  implement  a  plan  providing  for the investigation of any violent
     9  felony offense occurring at or on the grounds of each such  institution,
    10  and  providing for the investigation of a report of any missing student.
    11  Such plans shall provide for the coordination of  the  investigation  of
    12  such  crimes and reports with local law enforcement agencies. Such plans

    13  shall include, but not be limited to, written agreements with  appropri-
    14  ate  local  law  enforcement  agencies providing for the prompt investi-
    15  gation of such crimes and reports and a requirement that the institution
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04255-12-4
        A. 2089--B                          2
 
     1  shall notify the appropriate law enforcement agency as soon as practica-
     2  ble but in no case more than twenty-four  hours  after  a  report  of  a
     3  violent  felony  or that a student who resides in housing owned or oper-
     4  ated  by  such  institution  is  missing;  provided  that such reporting

     5  requirement  shall  take  into  consideration  applicable  federal  law,
     6  including,  but  not  limited  to,  the  federal  Campus  Sexual Assault
     7  Victims' Bill of Rights under Title 20 U.S. Code Section  1092(f)  which
     8  gives  the  victim  of  a  sexual offense the right on whether or not to
     9  report such offense to local law enforcement agencies.
    10    § 2. Paragraph a of subdivision 15 of section 6206  of  the  education
    11  law,  as  added by chapter 22 of the laws of 1999, is amended to read as
    12  follows:
    13    a. The board of trustees shall adopt rules requiring that each  insti-
    14  tution of the city university, on or before January first, two thousand,
    15  adopt  and  implement  a  plan  providing  for  the investigation of any
    16  violent felony offense occurring at or  on  the  grounds  of  each  such

    17  institution,  and  providing  for  the  investigation of a report of any
    18  missing student. Such plans shall provide for the  coordination  of  the
    19  investigation  of  such  crimes  and  reports with local law enforcement
    20  agencies. Such plans shall include,  but  not  be  limited  to,  written
    21  agreements with appropriate local law enforcement agencies providing for
    22  the  prompt  investigation  of such crimes and reports and a requirement
    23  that the institution shall notify the appropriate law enforcement agency
    24  as soon as practicable but in no case more than twenty-four hours  after
    25  a  report  of  a violent felony or that a student who resides in housing
    26  owned or operated by such institution is  missing;  provided  that  such
    27  reporting  requirement  shall take into consideration applicable federal

    28  law, including, but not limited to, the federal  Campus  Sexual  Assault
    29  Victims'  Bill  of Rights under Title 20 U.S. Code Section 1092(f) which
    30  gives the victim of a sexual offense the right  on  whether  or  not  to
    31  report such offense to local law enforcement agencies.
    32    §  3.  Paragraph a of subdivision 8-a of section 6306 of the education
    33  law, as added by chapter 22 of the laws of 1999, is amended to  read  as
    34  follows:
    35    a.  The board of trustees shall, on or before January first, two thou-
    36  sand, adopt and implement a plan providing for the investigation of  any
    37  violent  felony  offense  occurring  at  or  on the grounds of each such
    38  institution, and providing for the investigation  of  a  report  of  any
    39  missing  student.  Such  plans shall provide for the coordination of the

    40  investigation of such crimes and  reports  with  local  law  enforcement
    41  agencies.  Such  plans  shall  include,  but  not be limited to, written
    42  agreements with appropriate local law enforcement agencies providing for
    43  the prompt investigation of such crimes and reports  and  a  requirement
    44  that the institution shall notify the appropriate law enforcement agency
    45  as  soon as practicable but in no case more than twenty-four hours after
    46  a report of a violent felony or that a student who  resides  in  housing
    47  owned  or  operated  by  such institution is missing; provided that such
    48  reporting requirement shall take into consideration  applicable  federal
    49  law,  including,  but  not limited to, the federal Campus Sexual Assault

    50  Victims' Bill of Rights under Title 20 U.S. Code Section  1092(f)  which
    51  gives  the  victim  of  a  sexual offense the right on whether or not to
    52  report such offense to local law enforcement agencies.
    53    § 4. The section heading and subdivision 1  of  section  6434  of  the
    54  education  law, as added by chapter 597 of the laws of 2003, are amended
    55  to read as follows:
        A. 2089--B                          3
 
     1    Investigation of [violent felony offenses] crimes and crime reporting.
     2  1. Each college shall adopt and  implement  a  plan  providing  for  the
     3  investigation  of  any  violent  felony  offense  occurring at or on the
     4  grounds of each such institution, and providing for the investigation of
     5  a  report of any missing student. Such plans shall provide for the coor-

     6  dination of the investigation of such crimes and reports with local  law
     7  enforcement  agencies.  Such plans shall include, but not be limited to,
     8  written agreements  with  appropriate  local  law  enforcement  agencies
     9  providing  for the prompt investigation of such crimes and reports and a
    10  requirement that  the  institution  shall  notify  the  appropriate  law
    11  enforcement agency as soon as practicable but in no case more than twen-
    12  ty-four  hours  after a report of a violent felony or that a student who
    13  resides in housing owned or operated by  such  institution  is  missing;
    14  provided  that  such reporting requirement shall take into consideration
    15  applicable federal law, including,  but  not  limited  to,  the  federal

    16  Campus  Sexual  Assault Victims' Bill of Rights under Title 20 U.S. Code
    17  Section 1092(f) which gives the victim of a sexual offense the right  on
    18  whether or not to report such offense to local law enforcement agencies.
    19    § 5. This act shall take effect immediately.