53B-28-403. Student housing crime reporting.
| (1) |
As used in this section:
Terms Used In Utah Code 53B-28-403- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- institution: means a public or private postsecondary institution that is located in Utah, including an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-28-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (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. § 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; |
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| (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). |
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| (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. |
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| (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. |
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| (g) |
“Student housing” means:
| (i) |
an institution noncampus housing facility; |
| (ii) |
an on-campus housing facility; or |
| (iii) |
a student organization noncampus housing facility. |
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| (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. |
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| (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). |
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| (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. |
Enacted by Chapter 332, 2021 General Session
