Democratic Gov. Jerry Brown signed legislation Sunday making California the first state in the nation to require its colleges and universities to adopt a standard of clear consent for students engaging in sexual activity, an effort to combat rape and sexual assault on campuses.
Under the law, students from both parties must give "affirmative consent" before sex. The threshold specifically excludes a person's silence, a lack of resistance or consent given while intoxicated. The law would apply to all public colleges and other institutions that receive state funds for student aid.
In all, Brown signed 62 bills and vetoed 14 on Sunday. He must take action on scores of others before a bill-signing deadline at midnight Tuesday. The measures that Brown signed into law Sunday were substantial and wide-ranging, including a bill that will provide college loans to immigrant students who are in the country illegally and a ballot measure that would repeal a mandate for English-language instruction in California schools.
The "affirmative consent" legislation aimed at reducing sexual assaults on college campuses requires more training for faculty reviewing sexual harassment and assault complaints. It also requires that counseling and health services be made available to victims.
"The conversation on sexual assault on our college campuses turned an important corner today from chatter to action," said state Sen. Kevin de León (D-Los Angeles), who sponsored the bill, SB 967. "Students at every California college campus will have basic protections to promote prevention, accountability and healing."
Nearly 50 colleges and universities nationwide, including UCLA, USC and Occidental College, are under federal investigation for their handling of sexual assault allegations.
The governor, on Sunday, also vetoed legislation that would have required law enforcement agencies to obtain warrants to use drones for surveillance. In his veto message, Brown said the measure appeared to impose restrictions on law enforcement that went far beyond federal and state constitutional protections against unreasonable search and seizure and the right to privacy.
Assemblyman Jeff Gorell (R-Camarillo), author of the drone bill, AB 1327, said he warned the administration that legislators would probably respond to a veto by proposing a complete moratorium on drone use in California, as other states, such as Virginia, have done.
Brown approved a raft of bills aimed at improving the prosecution of human trafficking crimes in California.
A 2012 report by the FBI lists California, New York and Texas as the states with the most human trafficking activity. Victims of the crime are often forced into prostitution, domestic servitude and sweatshop labor.
The governor approved a bill by state Sen. Holly Mitchell (D-Los Angeles) that allows courts to authorize wiretaps for the investigation or prosecution of human trafficking. Another measure he signed, AB 1585 written by Assemblyman Luis Alejo (D-Watsonville), will allow someone convicted of solicitation or prostitution to have that conviction set aside if he or she was a victim of human trafficking.
"Human trafficking is a form of modern-day slavery," Mitchell said in a statement supporting the measure, SB 955. "The victims are frequently children of color and young women....They need our help."
Brown also signed SB1174 by state Sen. Ricardo Lara (D-Bell Gardens), which would ask voters on the 2016 November ballot to consider repealing key parts of Proposition 227, the 1998 law that restricted bilingual education in California by requiring school instruction in English.
Lara said the old initiative stifles multilingualism in California and harms students who will need to speak more than one language to compete in the global economy.
Brown signed two other bills by Lara that expanded financial aid and career opportunities to undocumented immigrants. SB 1210 creates the "California Dream Loan Program," in the University of California and California State University systems, allowing students in the country illegally to receive student loans from a fund of $9.2 million set aside for the program. SB 1159 makes it easier for immigrants in the country illegally to get state licenses to work as doctors, dentists, nurses, barbers, security guards and many other jobs.
On Sunday, the governor also approved a law equalizing sentences for crack cocaine possession, bringing them in line with sentencing guidelines for possession of power cocaine.
Mitchell introduced the bill because of alarm that minority residents who can afford the cheaper crack cocaine are going to prison for longer terms than those caught with powder cocaine.
"We must break the drug-driven cycle of arrest, lockup, unemployability and re-arrest," Mitchell said in a statement in support of SB 1010.
Other new laws will:
•Require residential care facilities for the elderly to remedy license deficiencies within 10 days of notification. The measure, SB 895 by state Sen. Ellen Corbett (D-Hayward), also requires the California Department of Social Services to post online information about how families and residents can obtain inspection reports.
•Permit suspension of new admissions to a residential care facility that has been cited for violations that pose a risk to the health and safety of residents. SB 1153 was sponsored by state Sen. Mark Leno (D-San Francisco).
•Require companies that use staffing agencies and other third-party labor contractors to be responsible for certain basic labor protections for those workers. The bill, AB 1897, was written by Assemblyman Roger Hernández (D-West Covina).
patrick.mcgreevy@latimes.com
Twitter: @mcgreevy99
phil.willon@latimes.com
Twitter: @philwillon
Times staff writer Melanie Mason contributed to this report.
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