S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2060--A
     Cal. No. 241
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. STAVISKY, CHU, LIU, SKOUFIS, WEBB -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Higher Education -- reported favorably from said committee, ordered to
   first  and second report, ordered to a third reading, passed by Senate
   and delivered to the Assembly, recalled, vote  reconsidered,  restored
   to  third  reading, amended and ordered reprinted, retaining its place
   in the order of third reading
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06391-03-3
              

 S. 2060--A                          2

 crime statistics as reported to the United States Department  of  Educa-
 tion."]
   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.
 S. 2060--A                          3
 
   c.  "Violent felony offense" means a violent felony offense as defined
 in subdivision one of section 70.02 of the penal law.
   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.