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A BILL TO BE ENTITLED
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AN ACT
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relating to reports of sexual assault made to public or private |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9762 to read as follows: |
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Sec. 51.9762. REPORTS OF SEXUAL ASSAULT. (a) In this |
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section: |
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(1) "Institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003. |
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(2) "Sexual assault" means an offense under Section |
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22.011 or 22.021, Penal Code. |
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(b) Except as provided by Subsection (c), within 72 hours of |
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receipt of the allegation, an institution of higher education or a |
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private or independent institution of higher education shall report |
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to an appropriate local law enforcement agency an allegation of |
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sexual assault made to the institution if: |
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(1) a perpetrator or a victim of the alleged sexual |
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assault is a student enrolled at the institution; or |
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(2) the alleged sexual assault occurred on the |
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institution's campus or on any other property owned by or under the |
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control of the institution. |
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(c) The institution may not report an allegation of sexual |
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assault to a local law enforcement agency under Subsection (b) if, |
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before the institution makes the report, the victim of the alleged |
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sexual assault requests in writing that the report not be made. |
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(d) On receipt of an allegation to which Subsection (b) |
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applies, the institution shall inform the victim of the alleged |
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sexual assault of: |
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(1) the requirements of this section, including: |
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(A) the institution's duty to report the |
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allegation within 72 hours and the victim's right to request that |
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the report not be made; and |
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(B) the use of a pseudonym form in connection |
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with the report and the victim's right to request that the form not |
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be used; |
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(2) the importance of preserving any evidence as proof |
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for potential criminal proceedings; |
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(3) the victim's right to report or decline to report |
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the allegation to the campus peace officers or to the local law |
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enforcement agency, including the right to be assisted by the |
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institution in making a report; |
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(4) the victim's right to seek a protective order under |
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Chapter 7A, Code of Criminal Procedure, or an order for emergency |
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protection under Article 17.292, Code of Criminal Procedure, and |
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the institution's responsibilities, if any, in enforcing those |
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orders; |
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(5) the victim's rights under Chapter 56, Code of |
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Criminal Procedure, including the right to have a forensic medical |
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examination conducted at no cost to the victim and where to obtain |
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the examination; and |
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(6) applicable counseling, health, mental health, |
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legal, victim advocacy, and other resources available to the victim |
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at the institution or locally. |
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(e) A report under Subsection (b) must be made using the |
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pseudonym form described by Article 57.02, Code of Criminal |
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Procedure, unless the victim of the alleged sexual assault objects |
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in writing to the submission of the form. |
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(f) The campus peace officers employed by the institution |
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and the appropriate local law enforcement agency shall develop |
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policies regarding an investigation into an allegation of sexual |
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assault reported to the agency by the institution under Subsection |
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(b). The policies must: |
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(1) provide for the cooperation of the officers and |
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the agency; and |
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(2) establish the respective roles of the officers and |
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the agency in handling the investigation. |
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(g) The Texas Higher Education Coordinating Board shall |
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adopt rules as necessary to implement and enforce this section, |
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including rules for identifying institutions of higher education or |
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private or independent institutions of higher education that fail |
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to comply with this section. The board shall post a list of |
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noncompliant institutions on the board's Internet website and |
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update the list at least once each year. |
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SECTION 2. Article 57.02, Code of Criminal Procedure, is |
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amended by adding Subsection (j) to read as follows: |
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(j) An institution of higher education or private or |
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independent institution of higher education that reports an |
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allegation of sexual assault as required by Section 51.9762, |
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Education Code, shall complete and return a pseudonym form on |
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behalf of the victim unless the victim objects in writing to the |
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submission of the form. A form completed and returned under this |
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subsection operates as a form completed and returned by the victim |
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for purposes of this article. |
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SECTION 3. Section 51.9363, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A protocol for responding to reports of campus sexual |
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assault adopted under Subsection (b) must comply with Section |
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51.9762. |
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SECTION 4. Not later than August 1, 2018, the Texas Higher |
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Education Coordinating Board shall post on the board's Internet |
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website the initial list required by Section 51.9762(g), Education |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |