S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3694--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1. Paragraphs a and c of subdivision 3 of section 6431 of the
 education law, as amended by chapter 13 of the laws of 2009, are amended
 to read as follows:
   a. educating the campus community, including  security  personnel  and
 those  persons  who  advise or supervise students, about sexual assault,
 domestic violence and stalking offenses pursuant to  section  sixty-four
 hundred  thirty-two  of  this  article, AND BIAS RELATED AND HATE CRIMES
 PURSUANT TO SECTION SIXTY-FOUR HUNDRED THIRTY-SIX OF THIS ARTICLE;
   c. reporting sexual assaults, domestic violence [and], stalking  inci-
 dents AND HATE CRIMES and assisting victims during investigations;
   § 2. Section 6433 of the education law, as added by chapter 597 of the
 laws of 2003, is amended to read as follows:
   §  6433.  Campus  crime  reporting  and  statistics. Each college that
 receives state aid shall indicate [in] ON their [campus catalog, student
 handbook and viewbook] WEBSITE how to access the campus crime statistics
 that are filed annually with the United States Department  of  Education
 as  required  under  Title  20  of the U.S. Code Section 1092(f). [Every
 campus catalog, student handbook and  viewbook  shall  state  that  "The
 Advisory Committee on Campus Safety will provide upon request all campus
 crime  statistics  as reported to the United States Department of Educa-
 tion."]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06391-02-3
              

 A. 3694--A                          2
 
   The information [in the campus catalog, student handbook and viewbook]
 ON EACH COLLEGE'S WEBSITE shall include the United States Department  of
 Education's [web site] WEBSITE address for campus crime statistics and a
 [campus  phone  number  for  a  designated college campus contact who is
 authorized] LINK to [provide such] statistics for that college. [Whenev-
 er  an  individual  requests  such  campus  crime  statistics, the] EACH
 college shall [provide a hard copy mailed to the individual  within  ten
 days of the request and that information will include all of the statis-
 tics that the campus is required to ascertain under Title 20 of the U.S.
 Code  Section  1092(f)] REPORT AND POST INCIDENTS OF HATE CRIME OFFENSES
 AS A SEPARATE, CLEARLY DESIGNATED CATEGORY ON THEIR WEBSITE.
   The president or chief administrative officer of each  college  shall,
 working  with  the  advisory committee on campus safety, [take steps to]
 inform students and prospective students of the existence of the  campus
 crime  statistics  [on an annual basis] and other campus safety policies
 and procedures AS PART of the [school] COLLEGE'S ONBOARDING PROCESS.
   § 3. Section 6434 of the education law, as added by chapter 597 of the
 laws of 2003, the section heading as amended by chapter 486 of the  laws
 of 2014 and subdivision 1 as amended by chapter 537 of the laws of 2015,
 is amended to read as follows:
   §  6434. Investigation of crimes and crime reporting.  1. Each college
 shall adopt and implement a plan providing for the investigation of  any
 HATE  CRIME  OR 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 HATE CRIME, OR A violent felony or A REPORT that a student
 who resides in housing owned or operated by such institution is missing;
 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).
   2. As used in this section, the following terms shall have the follow-
 ing meanings:
   a.  "Local  law  enforcement  agencies"  means  any agency or agencies
 employing peace officers or police officers for the enforcement  of  the
 laws  of  the state, and which has or have jurisdiction under provisions
 of the criminal procedure law over  offenses  occurring  at  or  on  the
 grounds of any institution subject to the provisions of this section.
   b.  "Missing  student"  means any student of an institution subject to
 the provisions of this section, who resides in a facility owned or oper-
 ated by such institution and who is  reported  to  such  institution  as
 missing from his or her residence.
   c.  "Violent felony offense" means a violent felony offense as defined
 in subdivision one of section 70.02 of the penal law.
 A. 3694--A                          3
 
   D. "HATE CRIME" SHALL HAVE THE SAME MEANING AS SECTION 485.05  OF  THE
 PENAL LAW.
   §  4. Section 6436 of the education law, as added by chapter 75 of the
 laws of 2004, is amended to read as follows:
   § 6436. Bias related  AND  HATE  crime  prevention  information.  Each
 college shall inform incoming students about bias related AND HATE crime
 prevention  measures through programs which may include workshops, semi-
 nars, discussion groups, and film presentations, in order to disseminate
 information  about  bias  related  [crime]  AND  HATE  CRIMES,   promote
 discussion, encourage reporting of incidents of bias related [crime] AND
 HATE  CRIMES, and facilitate prevention of such incidents. Such informa-
 tion shall include, but not be limited to:
   1. the applicable laws, ordinances, and regulations  on  bias  related
 crime,  including  the provisions and coverage of the hate crimes act of
 2000 codified in article four hundred eighty-five of the penal law;
   2. the penalties for commission of bias related AND HATE crimes;
   3. the procedures in effect at  the  college  for  dealing  with  bias
 related [crime] AND HATE CRIMES;
   4.  the  availability of counseling and other support services for the
 victims of bias related [crime] AND HATE CRIMES;
   5. the nature of and common circumstances  relating  to  bias  related
 [crime] AND HATE CRIMES on college campuses; and
   6.  the  methods  the college employs to advise and to update students
 about security procedures.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.