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.