Texas 2017 - 85th Regular

Texas House Bill HB2404 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12290 KJE-F
2	2	By: Alvarado H.B. No. 2404
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reports of sexual assault made to public or private
8	8	institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
11	11	amended by adding Section 51.9762 to read as follows:
12	12	Sec. 51.9762. REPORTS OF SEXUAL ASSAULT. (a) In this
13	13	section:
14	14	(1) "Institution of higher education" and "private or
15	15	independent institution of higher education" have the meanings
16	16	assigned by Section 61.003.
17	17	(2) "Sexual assault" means an offense under Section
18	18	22.011 or 22.021, Penal Code.
19	19	(b) Except as provided by Subsection (c), within 72 hours of
20	20	receipt of the allegation, an institution of higher education or a
21	21	private or independent institution of higher education shall report
22	22	to an appropriate local law enforcement agency an allegation of
23	23	sexual assault made to the institution if:
24	24	(1) a perpetrator or a victim of the alleged sexual
25	25	assault is a student enrolled at the institution; or
26	26	(2) the alleged sexual assault occurred on the
27	27	institution's campus or on any other property owned by or under the
28	28	control of the institution.
29	29	(c) The institution may not report an allegation of sexual
30	30	assault to a local law enforcement agency under Subsection (b) if,
31	31	before the institution makes the report, the victim of the alleged
32	32	sexual assault requests in writing that the report not be made.
33	33	(d) On receipt of an allegation to which Subsection (b)
34	34	applies, the institution shall inform the victim of the alleged
35	35	sexual assault of:
36	36	(1) the requirements of this section, including:
37	37	(A) the institution's duty to report the
38	38	allegation within 72 hours and the victim's right to request that
39	39	the report not be made; and
40	40	(B) the use of a pseudonym form in connection
41	41	with the report and the victim's right to request that the form not
42	42	be used;
43	43	(2) the importance of preserving any evidence as proof
44	44	for potential criminal proceedings;
45	45	(3) the victim's right to report or decline to report
46	46	the allegation to the campus peace officers or to the local law
47	47	enforcement agency, including the right to be assisted by the
48	48	institution in making a report;
49	49	(4) the victim's right to seek a protective order under
50	50	Chapter 7A, Code of Criminal Procedure, or an order for emergency
51	51	protection under Article 17.292, Code of Criminal Procedure, and
52	52	the institution's responsibilities, if any, in enforcing those
53	53	orders;
54	54	(5) the victim's rights under Chapter 56, Code of
55	55	Criminal Procedure, including the right to have a forensic medical
56	56	examination conducted at no cost to the victim and where to obtain
57	57	the examination; and
58	58	(6) applicable counseling, health, mental health,
59	59	legal, victim advocacy, and other resources available to the victim
60	60	at the institution or locally.
61	61	(e) A report under Subsection (b) must be made using the
62	62	pseudonym form described by Article 57.02, Code of Criminal
63	63	Procedure, unless the victim of the alleged sexual assault objects
64	64	in writing to the submission of the form.
65	65	(f) The campus peace officers employed by the institution
66	66	and the appropriate local law enforcement agency shall develop
67	67	policies regarding an investigation into an allegation of sexual
68	68	assault reported to the agency by the institution under Subsection
69	69	(b). The policies must:
70	70	(1) provide for the cooperation of the officers and
71	71	the agency; and
72	72	(2) establish the respective roles of the officers and
73	73	the agency in handling the investigation.
74	74	(g) The Texas Higher Education Coordinating Board shall
75	75	adopt rules as necessary to implement and enforce this section,
76	76	including rules for identifying institutions of higher education or
77	77	private or independent institutions of higher education that fail
78	78	to comply with this section. The board shall post a list of
79	79	noncompliant institutions on the board's Internet website and
80	80	update the list at least once each year.
81	81	SECTION 2. Article 57.02, Code of Criminal Procedure, is
82	82	amended by adding Subsection (j) to read as follows:
83	83	(j) An institution of higher education or private or
84	84	independent institution of higher education that reports an
85	85	allegation of sexual assault as required by Section 51.9762,
86	86	Education Code, shall complete and return a pseudonym form on
87	87	behalf of the victim unless the victim objects in writing to the
88	88	submission of the form. A form completed and returned under this
89	89	subsection operates as a form completed and returned by the victim
90	90	for purposes of this article.
91	91	SECTION 3. Section 51.9363, Education Code, is amended by
92	92	adding Subsection (b-1) to read as follows:
93	93	(b-1) A protocol for responding to reports of campus sexual
94	94	assault adopted under Subsection (b) must comply with Section
95	95	51.9762.
96	96	SECTION 4. Not later than August 1, 2018, the Texas Higher
97	97	Education Coordinating Board shall post on the board's Internet
98	98	website the initial list required by Section 51.9762(g), Education
99	99	Code, as added by this Act.
100	100	SECTION 5. This Act takes effect September 1, 2017.