Bill Amendment: MS HB1039 | 2017 | Regular Session
Bill Title: "The Sexual Assault Response for Students in Universities and Community and Junior Colleges Act"; create.
Status: 2017-02-28 - Died In Committee [HB1039 Detail]
Download: Mississippi-2017-HB1039-House_Amendment_No_1_Cmte_Sub_.html
Adopted
AMENDMENT NO 1 PROPOSED TO
Cmte Sub for House Bill No. 1039
BY: Representative Gipson
AMEND after line 221 by inserting the following new paragraph:
"(c) If the alleged victim denies the higher education institution permission to report the allegation to local law enforcement, the institution must determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students, including the student who reported the sexual violence. When an institution is determining whether it can honor a student�s request that the allegation be withheld from local law enforcement, the institution shall consider a range of factors including whether the circumstances suggest there is an increased risk of the alleged perpetrator committing additional acts of sexual violence or other violence, whether the alleged perpetrator has a history of arrests or records from a prior institution of higher education indicating a history of violence, whether the alleged perpetrator is alleged to have threatened further sexual violence or other violence against the student or others, and whether the sexual violence was committed by multiple perpetrators. The institution shall also consider whether the circumstances suggest there is an increased risk of future acts of sexual violence under similar circumstances, whether the sexual violence was perpetrated with a weapon, and the age of the student allegedly subjected to the sexual violence. When an institution determines that it must report the covered allegation against the alleged victim�s wishes, it shall notify the student of its decision and rationale in writing within twenty-four (24) hours."
