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2020 SESSION

20106598D
HOUSE BILL NO. 913
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Education)
(Patron Prior to Engrossment--Delegate Helmer)
House Amendments in [ ] – January 30, 2020
A BILL to amend and reenact § 23.1-808 of the Code of Virginia, relating to institutions of higher education; sexual violence; immunity from disciplinary action for certain students who make reports.

Be it enacted by the General Assembly of Virginia:

1. That § 23.1-808 of the Code of Virginia is amended and reenacted as follows:

§ 23.1-808. Sexual violence; policy review; amnesty for certain individuals who make reports.

A. By October 31 of each year, the System, Richard Bland College, each baccalaureate public institution of higher education, and each nonprofit private institution of higher education shall certify to the Council that it has reviewed its sexual violence policy and updated it as appropriate. The Council and the Department of Criminal Justice Services shall establish criteria for the certification process and may request information relating to the policies for the purposes of sharing best practices and improving campus safety. The Council and the Department of Criminal Justice Services shall report to the Secretary of Education on the certification status of each such institution by November 30 of each year.

B. The governing board of each public institution of higher education and each nonprofit private institution of higher education shall include as part of its policy, code, rules, or set of standards governing sexual violence a provision for immunity from disciplinary action  [ to be provided to any student who commits a minor violation of the institution's code of student conduct, such as a violation that would constitute a misdemeanor or a nonviolent felony, at the same time as the commission of an act of sexual violence by another individual and who subsequently reports such act of sexual violence to the institution based on personal consumption of drugs or alcohol where such disclosure is made in conjunction with a good faith report of an act of sexual violence ] .