Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 163 Third Substitute (2021GS)

Sponsor

Sen. Iwamoto, J.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires campus law enforcement to share a report of a crime that occurs outside campus law enforcement's jurisdiction with the local law enforcement agency that has jurisdiction;
• requires an institution of higher education to:
• create a report of crime statistics aggregated by type of housing facility; and
• include the report in the institution's annual campus safety report to the Education Interim Committee and the Law Enforcement and Criminal Justice Interim Committee;
• defines terms; and
• makes technical changes.

Every vote on this bill

Bill text

CAMPUS SAFETY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jani Iwamoto
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill amends provisions related to campus safety.
Highlighted Provisions:
This bill:
▸ requires campus law enforcement to share a report of a crime that occurs outside
campus law enforcement's jurisdiction with the local law enforcement agency that
has jurisdiction;
▸ requires an institution of higher education to:
• create a report of crime statistics aggregated by type of housing facility; and
• include the report in the institution's annual campus safety report to the
Education Interim Committee and the Law Enforcement and Criminal Justice
Interim Committee;
▸ defines terms; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-28-401
, as last amended by Laws of Utah 2020, Chapter 365
ENACTS:
53B-28-403
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-28-401
 is amended to read:
53B-28-401.
Campus safety plans and training -- Institution duties -- Governing
board duties.
(1) As used in this section:
(a) "Covered offense" means:
(i) sexual assault;
(ii) domestic violence;
(iii) dating violence; or
(iv) stalking.
(b) "Institution" means an institution of higher education described in Section
53B-1-102
.
(c) "Student organization" means a club, group, sports team, fraternity or sorority, or
other organization:
(i) of which the majority of members is composed of students enrolled in an institution;
and
(ii) (A) that is officially recognized by the institution; or
(B) seeks to be officially recognized by the institution.
(2) An institution shall develop a campus safety plan that addresses:
(a) where an individual can locate the institution's policies and publications related to a
covered offense;
(b) institution and community resources for a victim of a covered offense;
(c) the rights of a victim of a covered offense, including the measures the institution
takes to ensure, unless otherwise provided by law, victim confidentiality throughout all steps in
the reporting and response to a covered offense;
(d) how the institution informs the campus community of a crime that presents a threat
to the campus community;
(e) availability, locations, and methods for requesting assistance of security personnel
on the institution's campus;
(f) guidance on how a student may contact law enforcement for incidents that occur off
campus;
(g) institution efforts related to increasing campus safety, including efforts related to
the institution's increased response in providing services to victims of a covered offense, that:
(i) the institution made in the preceding 18 months; and
(ii) the institution expects to make in the upcoming 24 months;
(h) coordination and communication between institution resources and organizations,
including campus law enforcement;
(i) institution coordination with local law enforcement or community resources,
including coordination related to a student's safety at an off-campus location; and
(j) how the institution requires a student organization to provide the campus safety
training as described in Subsection (5).
(3) An institution shall:
(a) prominently post the institution's campus safety plan on the institution's website and
each of the institution's campuses; and
(b) annually update the institution's campus safety plan.
(4) An institution shall develop a campus safety training curriculum that addresses:
(a) awareness and prevention of covered offenses, including information on institution
and community resources for a victim of a covered offense;
(b) bystander intervention; and
(c) sexual consent.
(5) An institution shall require a student organization, in order for the student
organization to receive or maintain official recognition by the institution, to annually provide
campus safety training, using the curriculum described in Subsection (4), to the student
organization's members.
(6) The board shall:
(a) on or before July 1, 2019, establish minimum requirements for an institution's
campus safety plan described in Subsection (2);
(b) identify resources an institution may use to develop a campus safety training
curriculum as described in Subsection (4); and
(c) report annually to the Education Interim Committee and the Law Enforcement and
Criminal Justice Interim Committee, at or before the committees' November meetings, on
:
(i)
 the implementation of the requirements described in this section[
.
]
; and
(ii) crime statistics aggregated by housing facility as described in Subsection
53B-28-403
(2).
Section 2. Section 
53B-28-403
 is enacted to read:
 53B-28-403.
Student housing crime reporting.
(1) As used in this section:
(a) "Campus law enforcement" means an institution's police department.
(b) "Crime statistics" means the number of each of the crimes in 34 C.F.R. Sec.
668.46(c)(1) that are reported to a local police agency or campus law enforcement, listed by
type of crime.
(c) "Institution" means an institution of higher education described in Section
53B-2-101
.
(d) (i) "Institution noncampus housing facility" means a building or property that:
(A) is used for housing students;
(B) is not part of the institution's campus; and
(C) the institution owns, manages, controls, or leases;
(ii) "Institution noncampus housing facility" includes real property that is adjacent to,
and is used in direct support of, the building or property described in Subsection (1)(d)(i).
(e) "Local law enforcement agency" means a state or local law enforcement agency
other than campus law enforcement.
(f) (i) "On-campus housing facility" means a building or property that is:
(A) used for housing students; and
(B) part of the institution's campus.
(ii) "On-campus housing facility" includes real property that is:
(A) adjacent to the on-campus housing facility; and
(B) used in direct support of the on-campus housing facility.
(g) "Student housing" means:
(i) an institution noncampus housing facility;
(ii) an on-campus housing facility; or
(iii) a student organization noncampus housing facility.
(h) "Student organization" means the same as that term is defined in Section
53B-28-401
.
(i) "Student organization noncampus housing facility" means a building or property
that:
(i) is used for housing students;
(ii) is not part of the institution's campus; and
(iii) (A) a student organization owns, manages, controls, or leases; or
(B) is real property that is adjacent to the student organization noncampus housing
facility and is used in direct support of the noncampus housing facility.
(2) An institution shall:
(a) create a report of crime statistics aggregated by:
(i) on-campus housing facility, identified and listed individually using the institution's
system for inventorying institution facilities;
(ii) institution noncampus housing facility, identified and listed individually using the
institution's system for inventorying institution facilities; and
(iii) student organization noncampus housing facilities, identified and listed
individually using the institution's system for identifying student organization noncampus
housing facilities; and
(b) include the report described in Subsection (2)(a) in the report described in
Subsection 
53B-28-401
(6).
(3) Upon request from an institution, a local law enforcement agency shall provide to
the institution crime statistics for each student housing facility over which the local law
enforcement agency has jurisdiction.
(4) Except as provided in Section 
53B-28-303
, when campus law enforcement receives
a complaint or report of a crime that campus law enforcement reasonably determines occurred
outside of campus law enforcement's jurisdiction, campus law enforcement shall share any
record of the complaint or report with the local law enforcement agency with jurisdiction.