HB1400: requiring all colleges and universities to report crimes to the local law enforcement agency.

HB 1400 – AS AMENDED BY THE HOUSE

10Mar2010… 0727h

2010 SESSION

10-2467

04/03

HOUSE BILL 1400

AN ACT requiring all colleges and universities to report crimes to the local law enforcement agency.

SPONSORS: Rep. Emerson, Ches 7; Rep. W. Smith, Rock 18; Sen. Roberge, Dist 9; Sen. Carson, Dist 14

COMMITTEE: Education

AMENDED ANALYSIS

This bill provides that all colleges and universities in the state shall immediately report crimes occurring on campus property to local law enforcement officials, or they shall enter into a memorandum of understanding with the local law enforcement agency as to the procedure for reporting crimes on campus property.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10Mar2010… 0727h

10-2467

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT requiring all colleges and universities to report crimes to the local law enforcement agency.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Postsecondary Education Commission; Reporting Crimes. Amend RSA 188-D by inserting after section 9-b the following new section:

188-D:9-c Reporting Crimes.

I. Absent a memorandum of understanding, every nonpublic postsecondary educational institution that employs or contracts unsworn law enforcement personnel shall immediately report any crime occurring on campus property to the local law enforcement agency.

II. Any memorandum of understanding executed under this section shall reflect the agreement between the nonpublic postsecondary educational institution and the local law enforcement agency as to what constitutes an “immediate report” and the extent to which offenses listed in group A of the National Incident Based Reporting System (NIBRS), as defined by the Federal Bureau of Investigation, shall be covered by the immediate reporting requirement. The nonpublic postsecondary educational institution and the local law enforcement agency shall have the discretion to determine which crimes outside of NIBRS group A offenses shall be covered by the immediate reporting requirement.

III. Every nonpublic postsecondary institution in the state shall annually inform students of the provisions of this section by including information about this section in the student handbook, student code of conduct, or other similar online or printed material provided to students.

2 New Section; Community College System of New Hampshire; Reporting Crimes. Amend RSA 188-F by inserting after section 21 the following new section:

188-F:21-a Reporting Crimes.

I. Absent a memorandum of understanding, every institution within the community college system that employs or contracts unsworn law enforcement personnel shall immediately report any crime occurring on campus property to the local law enforcement agency.

II. Any memorandum of understanding executed under this section shall reflect the agreement between the community college system institution and the local law enforcement agency as to what constitutes an “immediate report” and the extent to which offenses listed in group A of the National Incident Based Reporting System (NIBRS), as defined by the Federal Bureau of Investigation, shall be covered by the immediate reporting requirement. The community college system institution and the local law enforcement agency shall have the discretion to determine which crimes outside of NIBRS group A offenses shall be covered by the immediate reporting requirement.

III. Every community college system institution in the state shall annually inform students of the provisions of this section by including information about this section in the student handbook, student code of conduct, or other similar online or printed material provided to students.

3 New Section; University System of New Hampshire; Reporting Crimes. Amend RSA 187-A by inserting after section 16 the following new section:

187-A:16-a Reporting Crimes.

I. Absent a memorandum of understanding, every institution within the university system that employs or contracts unsworn law enforcement personnel shall immediately report any crime occurring on campus property to the local law enforcement agency.

II. Any memorandum of understanding executed under this section shall reflect the agreement between the university system institution and the local law enforcement agency as to what constitutes an “immediate report” and the extent to which offenses listed in group A of the National Incident Based Reporting System (NIBRS), as defined by the Federal Bureau of Investigation, shall be covered by the immediate reporting requirement. The university system institution and the local law enforcement agency shall have the discretion to determine which crimes outside of NIBRS group A offenses shall be covered by the immediate reporting requirement.

III. Every university system institution in the state shall annually inform students of the provisions of this section by including information about this section in the student handbook, student code of conduct, or other similar online or printed material provided to students.

4 Applicability. Every memorandum of understanding required by this act shall be executed no later than January 1, 2011.

5 Effective Date. This act shall take effect 60 days after its passage.