DE HB1 | 2015-2016 | 148th General Assembly

Status

Spectrum: Moderate Partisan Bill (Democrat 15-2)
Status: Enrolled on May 18 2016 - 75% progression, died in chamber
Action: 2016-05-18 - HS 1 for HB 1 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Text: Latest bill text (Draft #1) [HTML]

Summary

This bill will require responsible employees of institutions of higher educations to report incidents of sexual assault perpetrated by or against a student to the law enforcement authorities or public safety officials serving the institution of the alleged assault within 24 hours. The law enforcement authorities or public safety officials serving an academic institution are then required to report the sexual assault to the proper municipal or state authorities within 24 hours as well as the Delaware Department of Justice every 30 days. The victim of the alleged assault shall be informed of their rights under the Victims’ Bill of Rights in Chapter 11 as well as available confidential counseling and advocacy services. Law enforcement agencies are required to be discrete when contacting a victim and are required to inform the victim of their rights under the Victims’ Bill of Rights. Exceptions to the reporting requirement are made for persons with privilege against disclosing communications, as well as sexual assault victim advocates. There is also an exception for disclosures made at student-led speak out events. Institutions will also be required to train all staff in the reporting requirement and the nature and prevalence of sexual assaults on campus, and certify compliance with the training requirement to the Office of Higher Education. Training is also required for all students regarding sexual assault and the reporting requirement, with extra training mandated for high risk student groups such as athletes, fraternities and sororities, and international students. The Department of Justice is empowered to fine academic institutions for failure to comply with the reporting requirements. The Department is further required to deliver an annual report to the General Assembly and the Governor regarding reports received under this new chapter. The training requirements will be effective one year after enactment and the remainder of the chapter will become effective two years after enactment.

Tracking Information

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Title

An Act To Amend Title 14 Of The Delaware Code Relating To Sexual Assault Reporting.

Sponsors


History

DateChamberAction
2016-05-18HouseHS 1 for HB 1 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2016-05-11HouseHS 1 for HB 1 - Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
2016-05-03HouseHS 1 for HB 1 - Assigned to Judiciary Committee in Senate
2016-04-21HouseHS 1 for HB 1 - Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2016-04-21HouseHS 1 for HB 1 - Amendment HA 1 - Passed in House by Voice Vote
2016-04-21HouseHS 1 for HB 1 - Amendment HA 1 - Introduced and Placed With Bill
2016-04-20HouseHS 1 for HB 1 - Reported Out of Committee (HOUSE ADMINISTRATION) in House with 4 On Its Merits
2016-03-03HouseHS 1 for HB 1 - Assigned to House Administration
2016-03-03HouseSubstituted by HS 1 for HB 1
2015-06-30HouseIntroduced and Assigned to House Administration Committee in House

Delaware State Sources


Bill Comments

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