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2015 SESSION

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15101312D
SENATE BILL NO. 734 Offered January 14, 2015 Prefiled December 15, 2014 A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:15, relating to public institutions of higher education; reporting of sexual assault; penalty. ---------- Patrons-- Saslaw, Norment, Vogel, Watkins and Petersen; Delegate: Kory ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 1 of Title 23 a section numbered 23-9.2:15 as follows:

§ 23-9.2:15. Reporting of sexual assault; penalty.

A. Any professor or administrator employed by a public institution of higher education who through the course of his employment obtains information alleging that a violation of § 18.2-61, 18.2-67.1, 18.2-67.2, or 18.2-67.3 has occurred shall report such information no later than 24 hours after obtaining such information to the law-enforcement agency serving the locality in which the institution is located or serving the locality in which the alleged violation occurred unless such report would be a violation of applicable state or federal law.

B. Any person who knowingly and intentionally violates the provisions of this section is guilty of a Class 1 misdemeanor.

C. No person shall be required to make a report pursuant to this section if the person has actual knowledge that the same matter has already been reported to the law-enforcement agency serving the locality in which the institution is located or serving the locality in which the alleged violation occurred.

D. Any person making a report required by this section or testifying in a judicial or administrative proceeding as a result of such report shall be immune from any civil liability alleged to have resulted therefrom unless such person acted in bad faith or with malicious intent.

E. The provisions of this section shall not require a person who is the victim of a violation of § 18.2-61, 18.2-67.1, 18.2-67.2, or 18.2-67.3 to report such violation.