85R12290 KJE-F
By: Alvarado H.B. No. 2404
A BILL TO BE ENTITLED
AN ACT
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 51.9762 to read as follows:
Sec. 51.9762. 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) Except as provided by Subsection (c), within 72 hours of
receipt of the allegation, an institution of higher education or a
private or independent institution of higher education shall report
to an appropriate local law enforcement agency an allegation of
sexual assault made to the institution if:
(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) The institution may not report an allegation of sexual
assault to a local law enforcement agency under Subsection (b) if,
before the institution makes the report, the victim of the alleged
sexual assault requests in writing that the report not be made.
(d) On receipt of an allegation to which Subsection (b)
applies, the institution shall inform the victim of the alleged
sexual assault of:
(1) the requirements of this section, including:
(A) the institution's duty to report the
allegation within 72 hours and the victim's right to request that
the report not be made; and
(B) the use of a pseudonym form in connection
with the report and the victim's right to request that the form not
be used;
(2) the importance of preserving any evidence as proof
for potential criminal proceedings;
(3) 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;
(4) 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;
(5) 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
(6) applicable counseling, health, mental health,
legal, victim advocacy, and other resources available to the victim
at the institution or locally.
(e) A report under Subsection (b) 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
(b). 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 51.9762,
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
51.9762.
SECTION 4. Not later than August 1, 2018, the Texas Higher
Education Coordinating Board shall post on the board's Internet
website the initial list required by Section 51.9762(g), Education
Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2017.