86R9214 KJE-F
By: Beckley H.B. No. 4098
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 51.9364 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.