Texas 2019 - 86th Regular

Texas House Bill HB4098 Compare Versions

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

Old	New	Differences
1	1	86R9214 KJE-F
2	2	By: Beckley H.B. No. 4098
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 51.9364 to read as follows:
12	12	Sec. 51.9364. 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) This section applies only to an institution of higher
20	20	education or a private or independent institution of higher
21	21	education that receives an allegation of sexual assault in which:
22	22	(1) a perpetrator or a victim of the alleged sexual
23	23	assault is a student enrolled at the institution; or
24	24	(2) the alleged sexual assault occurred on the
25	25	institution's campus or on any other property owned by or under the
26	26	control of the institution.
27	27	(c) On receipt of an allegation described by Subsection (b),
28	28	the institution shall:
29	29	(1) inform the victim of the alleged sexual assault
30	30	of:
31	31	(A) the requirements of this section, including:
32	32	(i) the institution's duty under this
33	33	section to report the allegation to an appropriate local law
34	34	enforcement agency within 72 hours if the victim gives permission;
35	35	and
36	36	(ii) the use of a pseudonym form in
37	37	connection with the report and the victim's right to request that
38	38	the form not be used;
39	39	(B) the importance of preserving any evidence as
40	40	proof for potential criminal proceedings;
41	41	(C) the victim's right to report or decline to
42	42	report the allegation to the campus peace officers or to the local
43	43	law enforcement agency, including the right to be assisted by the
44	44	institution in making a report;
45	45	(D) the victim's right to seek a protective order
46	46	under Chapter 7A, Code of Criminal Procedure, or an order for
47	47	emergency protection under Article 17.292, Code of Criminal
48	48	Procedure, and the institution's responsibilities, if any, in
49	49	enforcing those orders;
50	50	(E) the victim's rights under Chapter 56, Code of
51	51	Criminal Procedure, including the right to have a forensic medical
52	52	examination conducted at no cost to the victim and where to obtain
53	53	the examination; and
54	54	(F) applicable counseling, health, mental
55	55	health, legal, victim advocacy, and other resources available to
56	56	the victim at the institution or locally; and
57	57	(2) request the victim's permission to report the
58	58	allegation to an appropriate local law enforcement agency.
59	59	(d) If the victim of the alleged sexual assault gives
60	60	permission under Subsection (c)(2), the institution shall report
61	61	the allegation to an appropriate local law enforcement agency
62	62	within 72 hours of receiving permission.
63	63	(e) A report under Subsection (d) must be made using the
64	64	pseudonym form described by Article 57.02, Code of Criminal
65	65	Procedure, unless the victim of the alleged sexual assault objects
66	66	in writing to the submission of the form.
67	67	(f) The campus peace officers employed by the institution
68	68	and the appropriate local law enforcement agency shall develop
69	69	policies regarding an investigation into an allegation of sexual
70	70	assault reported to the agency by the institution under Subsection
71	71	(d). The policies must:
72	72	(1) provide for the cooperation of the officers and
73	73	the agency; and
74	74	(2) establish the respective roles of the officers and
75	75	the agency in handling the investigation.
76	76	(g) The Texas Higher Education Coordinating Board shall
77	77	adopt rules as necessary to implement and enforce this section,
78	78	including rules for identifying institutions of higher education or
79	79	private or independent institutions of higher education that fail
80	80	to comply with this section. The board shall post a list of
81	81	noncompliant institutions on the board's Internet website and
82	82	update the list at least once each year.
83	83	SECTION 2. Article 57.02, Code of Criminal Procedure, is
84	84	amended by adding Subsection (j) to read as follows:
85	85	(j) An institution of higher education or private or
86	86	independent institution of higher education that reports an
87	87	allegation of sexual assault as required by Section 51.9364,
88	88	Education Code, shall complete and return a pseudonym form on
89	89	behalf of the victim unless the victim objects in writing to the
90	90	submission of the form. A form completed and returned under this
91	91	subsection operates as a form completed and returned by the victim
92	92	for purposes of this article.
93	93	SECTION 3. Section 51.9363, Education Code, is amended by
94	94	adding Subsection (b-1) to read as follows:
95	95	(b-1) A protocol for responding to reports of campus sexual
96	96	assault adopted under Subsection (b) must comply with Section
97	97	51.9364.
98	98	SECTION 4. Not later than August 1, 2020, the Texas Higher
99	99	Education Coordinating Board shall post on the board's Internet
100	100	website the initial list required by Section 51.9364(g), Education
101	101	Code, as added by this Act.
102	102	SECTION 5. This Act takes effect September 1, 2019.