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State crime commission reviews jurisdiction bill

Legislation would give students option to present rape cases to local authorities

The Virginia Crime Commission is currently reviewing a bill which would allow rape victims to contact local police, rather than University police, about rapes committed on college campuses. Del. Paula Miller, D-Norfolk, presented House Bill 2940 to the Virginia House of Delegates' Militia, Police and Public Safety Committee Friday in response to the 2004 University rape case of Kathryn Russell, a University alumna.

Kathryn's mother, Susan Russell, claimed her daughter's case was not given a proper investigation by University police. Following her dissatisfaction with the University police's handling of the case, Kathryn reached out to the city police, who said they were unable to take on the case because it was outside their jurisdiction, the Virginian Pilot reported. This experience prompted Kathryn to contact Miller.

"[Kathryn] never got her day in court," Miller said. "She is looking for some sort of legislative remedy so other victims of the crime would never have to go through what she did."

The bill would allow students the option to transfer case jurisdiction from campus police to local law enforcement in the event of campus rapes or homicide.

"Local police might have more experience [and are] another set of eyes and ears [who] may be more equipped to handle" cases like this, Miller said.

Miller collaborated with university police from several campuses while drafting the bill, but met resistance in later stages.

"It became clear that they didn't like [the bill] at all," Miller said.

Miller amended the original bill, which would have granted local police immediate authority to take the lead on a case. The amended proposal requires campus police to contact local police, which can then handle the case at the request of the victim or campus police.

University police Lt. Melissa Fielding expressed the University Police Department's objections to the bill in an e-mail. "Our officers are trained in the same academies as the local police departments, and at times train the local officers," she stated. "Secondly, this bill would have a negative impact on the municipal agencies and their budgets."

Fielding explained local police would have no need to invest funds in investigations already being handled by University police.

"The jurisdiction where the incident occurs normally dictates which agency investigates the incident rather than individual citizens picking which police agency to conduct the investigation," she added.

The bill was sent to the Virginia Crime Commission for further consideration. From there, the bill will continue to the House floor.

"The crime commission [will] study and report back on [the issues] and investigate how these types of felonies and crimes are held on campus," Miller said.

New legislation could potentially arise upon review of the situation by the crime commission, Miller said.

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