Bill Text: TX HB4098 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to reports of sexual assault made to public or private institutions of higher education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-10 - Left pending in committee [HB4098 Detail]
Download: Texas-2019-HB4098-Introduced.html
| 86R9214 KJE-F | ||
| By: Beckley | H.B. No. 4098 | |
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| relating to reports of sexual assault made to public or private | ||
| institutions of higher education. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.9364 to read as follows: | ||
| Sec. 51.9364. REPORTS OF SEXUAL ASSAULT. (a) In this | ||
| section: | ||
| (1) "Institution of higher education" and "private or | ||
| independent institution of higher education" have the meanings | ||
| assigned by Section 61.003. | ||
| (2) "Sexual assault" means an offense under Section | ||
| 22.011 or 22.021, Penal Code. | ||
| (b) This section applies only to an institution of higher | ||
| education or a private or independent institution of higher | ||
| education that receives an allegation of sexual assault in which: | ||
| (1) a perpetrator or a victim of the alleged sexual | ||
| assault is a student enrolled at the institution; or | ||
| (2) the alleged sexual assault occurred on the | ||
| institution's campus or on any other property owned by or under the | ||
| control of the institution. | ||
| (c) On receipt of an allegation described by Subsection (b), | ||
| the institution shall: | ||
| (1) inform the victim of the alleged sexual assault | ||
| of: | ||
| (A) the requirements of this section, including: | ||
| (i) the institution's duty under this | ||
| section to report the allegation to an appropriate local law | ||
| enforcement agency within 72 hours if the victim gives permission; | ||
| and | ||
| (ii) the use of a pseudonym form in | ||
| connection with the report and the victim's right to request that | ||
| the form not be used; | ||
| (B) the importance of preserving any evidence as | ||
| proof for potential criminal proceedings; | ||
| (C) the victim's right to report or decline to | ||
| report the allegation to the campus peace officers or to the local | ||
| law enforcement agency, including the right to be assisted by the | ||
| institution in making a report; | ||
| (D) the victim's right to seek a protective order | ||
| under Chapter 7A, Code of Criminal Procedure, or an order for | ||
| emergency protection under Article 17.292, Code of Criminal | ||
| Procedure, and the institution's responsibilities, if any, in | ||
| enforcing those orders; | ||
| (E) the victim's rights under Chapter 56, Code of | ||
| Criminal Procedure, including the right to have a forensic medical | ||
| examination conducted at no cost to the victim and where to obtain | ||
| the examination; and | ||
| (F) applicable counseling, health, mental | ||
| health, legal, victim advocacy, and other resources available to | ||
| the victim at the institution or locally; and | ||
| (2) request the victim's permission to report the | ||
| allegation to an appropriate local law enforcement agency. | ||
| (d) If the victim of the alleged sexual assault gives | ||
| permission under Subsection (c)(2), the institution shall report | ||
| the allegation to an appropriate local law enforcement agency | ||
| within 72 hours of receiving permission. | ||
| (e) A report under Subsection (d) must be made using the | ||
| pseudonym form described by Article 57.02, Code of Criminal | ||
| Procedure, unless the victim of the alleged sexual assault objects | ||
| in writing to the submission of the form. | ||
| (f) The campus peace officers employed by the institution | ||
| and the appropriate local law enforcement agency shall develop | ||
| policies regarding an investigation into an allegation of sexual | ||
| assault reported to the agency by the institution under Subsection | ||
| (d). The policies must: | ||
| (1) provide for the cooperation of the officers and | ||
| the agency; and | ||
| (2) establish the respective roles of the officers and | ||
| the agency in handling the investigation. | ||
| (g) The Texas Higher Education Coordinating Board shall | ||
| adopt rules as necessary to implement and enforce this section, | ||
| including rules for identifying institutions of higher education or | ||
| private or independent institutions of higher education that fail | ||
| to comply with this section. The board shall post a list of | ||
| noncompliant institutions on the board's Internet website and | ||
| update the list at least once each year. | ||
| SECTION 2. Article 57.02, Code of Criminal Procedure, is | ||
| amended by adding Subsection (j) to read as follows: | ||
| (j) An institution of higher education or private or | ||
| independent institution of higher education that reports an | ||
| allegation of sexual assault as required by Section 51.9364, | ||
| Education Code, shall complete and return a pseudonym form on | ||
| behalf of the victim unless the victim objects in writing to the | ||
| submission of the form. A form completed and returned under this | ||
| subsection operates as a form completed and returned by the victim | ||
| for purposes of this article. | ||
| SECTION 3. Section 51.9363, Education Code, is amended by | ||
| adding Subsection (b-1) to read as follows: | ||
| (b-1) A protocol for responding to reports of campus sexual | ||
| assault adopted under Subsection (b) must comply with Section | ||
| 51.9364. | ||
| SECTION 4. Not later than August 1, 2020, the Texas Higher | ||
| Education Coordinating Board shall post on the board's Internet | ||
| website the initial list required by Section 51.9364(g), Education | ||
| Code, as added by this Act. | ||
| SECTION 5. This Act takes effect September 1, 2019. | ||
