NY State Senate Bill 2015-S1316

Senate Bill S1316

Signed By Governor

2015-2016 Legislative Session

Relates to the accurate reporting of crimes on college and university campuses

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	signed chap.537
Nov 30, 2015	delivered to governor
Mar 02, 2015	returned to senate passed assembly ordered to third reading cal.39 substituted for a873
Jan 27, 2015	referred to higher education
Jan 26, 2015	delivered to assembly passed senate
Jan 12, 2015	ordered to third reading cal.13
Jan 09, 2015	referred to rules

Votes

- Jan 26, 2015 - Floor Vote
  S1316
  
  55
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  8
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 26, 2015
      
      aye (55)
      
      Addabbo Jr.
      
      Amedore
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (8)
      
      Avella
      
      Diaz
      
      Hassell-Thompson
      
      Larkin
      
      Libous
      
      Panepinto
      
      Parker
      
      Peralta
  Jan 12, 2015 - Rules Committee Vote
  S1316
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 12, 2015
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      excused (1)
      
      Parker

2015-S1316 (ACTIVE) - Details

See Assembly Version of this Bill:: A873
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206, 6306 & 6434, Ed L

2015-S1316 (ACTIVE) - Summary

Relates to the accurate reporting of crimes on college and university campuses.

2015-S1316 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1316

TITLE OF BILL:

An act to amend the education law, in relation to accurate reporting
of crimes on college and university campuses

PURPOSE OR GENERAL IDEA OF BILL:

To provide guidance to colleges and universities regarding the Campus
Safety Act of 2014.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Paragraph a of subdivision 17 of section 355 of the
education law to add that each institution shall inform each victim of
a sexual assault of their option to notify proper law enforcement
authorities, shall give the victim the option whether or not to report
the offense to local law enforcement agencies, and shall offer the
option to be assisted by campus authorities in notifying local law
enforcement agencies if the victim chooses to do so in compliance with
applicable federal law, including the federal Campus Sexual Assault
Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).

Section 2. Amends paragraph a of subdivision 15 of section 2606 of the
education law to add that each institution shall inform each victim of

a sexual assault of their option to notify proper law enforcement
authorities, shall give the victim the option whether or not to report
the offense to local law enforcement agencies, and shall offer the
option to be assisted by campus authorities in notifying local law
enforcement agencies if the victim chooses to do so in compliance with
applicable federal law, including the federal Campus Sexual Assault
Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).

Section 3. Amends paragraph a of subdivision 8-a of section 6306 of
the education law to add that each institution shall inform each
victim of a sexual assault of their option to notify proper law
enforcement authorities, shall give the victim the option whether or
not to report the offense to local law enforcement agencies, and shall
offer the option to be assisted by campus authorities in notifying
local law enforcement agencies if the victim chooses to do so in
compliance with applicable federal law, including the federal Campus
Sexual Assault Victims' Bill of Rights under Title 20 U.S.  Code
Section 1092(f).

Section 4. Amends subdivision 1 of section 6434 of the education law
to add that each institution shall inform each victim of a sexual
assault of their option to notify proper law enforcement authorities,
shall give the victim the option whether or not to report the offense
to local law enforcement agencies, and shall offer the option to be
assisted by campus authorities in notifying local law enforcement
agencies if the victim chooses to do so in compliance with applicable
federal law, including the federal Campus Sexual Assault Victims' Bill
of Rights under Title 20 U.S. Code Section 1092(f).

Section 5. Contains the effective date.


JUSTIFICATION:

This bill sets forth greater specificity in regards to a victim of a
campus sexual assault having the option whether or not to report the
offense to local law enforcement agencies. It will also clarify that
the victim has the option to be assisted by campus authorities in
notifying local law enforcement agencies if the victim chooses to do
so. This will provide guidance to colleges and universities regarding
the Campus Safety Act of 2014.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the same date and in the same manner as
Chapter 486 of the laws of 2014, amending the education law relating
to accurate reporting of crimes on college and university campuses.

2015-S1316 (ACTIVE) - Bill Text download pdf

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

                                  1316

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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. Paragraph a of subdivision 17 of section 355 of the educa-
tion law, as amended by chapter 486 of the laws of 2014, is  amended  to
read as follows:
  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 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 institu-
tion 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]  PROVIDED THAT EACH INSTITUTION SHALL: (1) INFORM
EACH VICTIM OF A SEXUAL OFFENSE OF THEIR OPTIONS TO  NOTIFY  PROPER  LAW
ENFORCEMENT  AUTHORITIES,  INCLUDING  ON-CAMPUS  AND  LOCAL  POLICE; (2)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07300-01-5

S. 1316                             2

INFORM THE VICTIM OF A SEXUAL OFFENSE OF THE RIGHT TO REPORT OR  NOT  TO
REPORT SUCH OFFENSE TO LOCAL LAW ENFORCEMENT AGENCIES; AND (3) OFFER THE
OPTION  TO  BE ASSISTED BY CAMPUS AUTHORITIES IN NOTIFYING SUCH AUTHORI-
TIES, IF THE VICTIM OF SEXUAL ASSAULT SO CHOOSES, ALL IN COMPLIANCE WITH
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).
  S  2.  Paragraph  a of subdivision 15 of section 6206 of the education
law, as amended by chapter 486 of the laws of 2014, 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 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]  PROVIDED  THAT
EACH  INSTITUTION  SHALL:  (1) INFORM EACH VICTIM OF A SEXUAL OFFENSE OF
THEIR OPTIONS TO NOTIFY PROPER LAW  ENFORCEMENT  AUTHORITIES,  INCLUDING
ON-CAMPUS AND LOCAL POLICE; (2) INFORM THE VICTIM OF A SEXUAL OFFENSE OF
THE  RIGHT TO REPORT OR NOT TO REPORT SUCH OFFENSE TO LOCAL LAW ENFORCE-
MENT AGENCIES; AND (3) OFFER THE OPTION TO BE ASSISTED BY CAMPUS AUTHOR-
ITIES IN NOTIFYING SUCH AUTHORITIES, IF THE VICTIM OF SEXUAL ASSAULT  SO
CHOOSES,  ALL  IN COMPLIANCE WITH 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).
  S  3.  Paragraph a of subdivision 8-a of section 6306 of the education
law, as amended by chapter 486 of the laws of 2014, 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

S. 1316                             3

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]  PROVIDED  THAT
EACH  INSTITUTION  SHALL:  (1) INFORM EACH VICTIM OF A SEXUAL OFFENSE OF
THEIR OPTIONS TO NOTIFY PROPER LAW  ENFORCEMENT  AUTHORITIES,  INCLUDING
ON-CAMPUS AND LOCAL POLICE; (2) INFORM THE VICTIM OF A SEXUAL OFFENSE OF
THE  RIGHT  TO  REPORT  OR  NOT  TO REPORT SUCH OFFENSE TO THE LOCAL LAW
ENFORCEMENT AGENCIES; AND (3) OFFER THE OPTION TO BE ASSISTED BY  CAMPUS
AUTHORITIES  IN  NOTIFYING  SUCH  AUTHORITIES,  IF  THE VICTIM OF SEXUAL
ASSAULT SO CHOOSES, ALL  IN  COMPLIANCE  WITH  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).
  S 4. Subdivision 1 of section 6434 of the education law, as amended by
chapter 486 of the laws of 2014, is amended to read as follows:
  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
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]
PROVIDED THAT EACH INSTITUTION SHALL: (1) INFORM EACH VICTIM OF A SEXUAL
OFFENSE OF THEIR OPTIONS TO NOTIFY PROPER LAW  ENFORCEMENT  AUTHORITIES,
INCLUDING  ON-CAMPUS AND LOCAL POLICE; (2) INFORM THE VICTIM OF A SEXUAL
OFFENSE OF THE RIGHT TO REPORT OR NOT TO REPORT SUCH  OFFENSE  TO  LOCAL
LAW  ENFORCEMENT  AGENCIES;  AND  (3) OFFER THE OPTION TO BE ASSISTED BY
CAMPUS AUTHORITIES IN NOTIFYING SUCH AUTHORITIES, IF THE VICTIM OF SEXU-
AL ASSAULT SO CHOOSES, ALL IN COMPLIANCE WITH  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).
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full force and effect on the same date as chapter 486 of
the laws of 2014 took effect.

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