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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 51.9364 to read as follows: |
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Sec. 51.9364. 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) This section applies only to an institution of higher |
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education or a private or independent institution of higher |
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education that receives an allegation of sexual assault in which: |
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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) On receipt of an allegation described by Subsection (b), |
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the institution shall: |
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(1) inform the victim of the alleged sexual assault |
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of: |
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(A) the requirements of this section, including: |
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(i) the institution's duty under this |
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section to report the allegation to an appropriate local law |
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enforcement agency within 72 hours if the victim gives permission; |
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and |
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(ii) the use of a pseudonym form in |
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connection with the report and the victim's right to request that |
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the form not be used; |
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(B) the importance of preserving any evidence as |
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proof for potential criminal proceedings; |
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(C) the victim's right to report or decline to |
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report the allegation to the campus peace officers or to the local |
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law enforcement agency, including the right to be assisted by the |
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institution in making a report; |
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(D) the victim's right to seek a protective order |
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under Chapter 7A, Code of Criminal Procedure, or an order for |
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emergency protection under Article 17.292, Code of Criminal |
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Procedure, and the institution's responsibilities, if any, in |
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enforcing those orders; |
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(E) 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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(F) applicable counseling, health, mental |
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health, legal, victim advocacy, and other resources available to |
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the victim at the institution or locally; and |
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(2) request the victim's permission to report the |
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allegation to an appropriate local law enforcement agency. |
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(d) If the victim of the alleged sexual assault gives |
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permission under Subsection (c)(2), the institution shall report |
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the allegation to an appropriate local law enforcement agency |
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within 72 hours of receiving permission. |
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(e) A report under Subsection (d) 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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(d). 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 51.9364, |
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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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51.9364. |
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SECTION 4. Not later than August 1, 2020, 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 51.9364(g), Education |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2019. |