Delaware General Assembly

Lieu/Substituted 3/3/16

The General Assembly has ended, the current status is the final status.

HS 1 for HB 1

6/30/15

K. Williams

Sen. Peterson
Reps. Mitchell, Longhurst

Sen. Blevins, Cloutier, Hall-Long, Henry, Poore
Reps. Bennett, Bolden, Heffernan, Hudson, Keeley, Kowalko, Osienski, M. Smith

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT REPORTING.

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.

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Takes effect upon being signed into law

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