News and Commentary

State-Level Legislation

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Many states have considered legislation on campus sexual assault in recent years. SAVE tracks these bills on an ongoing basis:

  • The current Legislative Status Report, below,  lists all relevant bills that have been introduced in the current year. The table lists the state, bill number, summary, and status. If a bill has been approved by the legislature and signed into law by the governor, the status is indicated as “Enacted.”
  • Legislative Status summaries for previous years:
  • The language of campus sexual assault laws that have been enacted in previous years can be seen HERE.

                       

2020 LEGISLATIVE STATUS REPORT

As of July 10, 2020:

STATE AND BILL NUMBER   SUMMARY   STATUS   SESSION END DATE
CALIFORNIA
SB 493 Requires schools to investigate reports of incidents that took place off campus; prohibits direct cross-examination of either party; requires trauma-informed training 

 

2/21/19 Introduced; 5/17/19 Passed in Senate and referred to Assembly; 6/25/19 Passed out of Assembly Higher Ed Committee; 7/9/19 Voted do Pass in Judiciary Committee, referred to Appropriations Committee. 8/30/19 Heard at Appropriations committee Suspense File hearing. Bill is a “Two Year” bill that didn’t clear both houses before September deadline. 4/1/20 In Appropriations Committee.                         8/20/20 Hearing: Passed Appropriations as amended, delayed implementation until clarity about interaction with Title IX federal regulation 

8/24/20 Sen. Jackson amended bill

8/30/20 (Sunday) vote to “pass” Assembly

8/31/20 Vote to pass Senate

9/1/20 Sent to Governor Gavin Newsom

9/29/20 Signed by Governor Newsom

 

8/31/20
CONNECTICUT
SB 19 To establish a Council on Sexual Misconduct Climate Survey to develop a sexual misconduct climate survey for use by institutions of higher education in the state, and (2) protect students who report being a victim or witness of sexual assault, stalking or violence from disciplinary action by the institution of higher education. 

 

2/6/20 Referred to Joint Committee on Higher Education. 

2/13/20 Public Hearing

3/11/20 Joint Favorable Report, amendments made
Filed with Legislative Commissioner’s Office

1/1/21 Will be discussed in new legislative session

5/6/20
HAWAII
SB2311/HB 2059 Campus Safety, mandates trauma-informed training, training on VAWA for all students at University of Hawaii, victim-centered legislation 1/17/20 Introduced in Senate
1/27/20 Public hearing
1/30/20 Passed HRE
2/20/20 Passed JUD, passed Senate referred to House
3/13/20 In House LHE, FIN
5/1/20
ILLINOIS
SB 3825 Sexual Misconduct survey every 2 years. Creates Task Force on Campus Sexual Climate Surveys to develop and recommend to AG a base survey. Date repository for all summaries of Climate Surveys, campuses must publish campus level results of surveys or suffer $150,000 fine. 2/14/20 Introduced in Senate 

3/12/20 Assigned to Higher Education

5/15/20 Third reading deadline 5/31/20

INDIANA
SB 175 Requires schools to establish a policy concerning sexual violence, including rights and options of students who are victims, advisors for victims, complaint resolution procedures, training, campus wide Task Force 1/6/20 Introduced, referred to Committee on Education. 3/13/20
MASSACHUSETTS
H4418 An Act relative to sexual violence on higher education campuses. Climate survey every 4 years, 23 member task force on climate surveys with 8 victim’s rights representatives, 0 falsely accused representatives, institutions must develop policies, institution must follow certain procedures, victim services, but none for falsely accused, method for anonymously reporting an incident, amnesty provision, victim advocacy resource advisor, none for responding party, protections for the confidential resource advisor, trauma-informed training 1/22/19 Replaces 1208, bill referred to committee on Higher Ed                        Due to take affect 8/1/2020                         4/9/19 public hearing, passed favorably to Ways & Means
2/20/20 In House Ways & Means
1/5/2021
MINNESOTA
SF 217 

HF 3108

Sexual assault victims and persons assisting victims controlled substance and alcohol violations prosecution immunity 

 

2/11/20 Introduction, referred to Public Safety and Criminal Justice Reform Finance and Policy Division
3/11/20 Committee report to adopt as amended and re-refer to Judiciary Finance and Civil Law Division
5/18/20
NEBRASKA
LB 702 

LB 534

Campus Safety Act 

Require public postsecondary educational institutions to submit reports regarding sexual violence, dating violence, domestic violence, and stalking

 

1/10/20 Carry-over bill, 2/4/20 Placed on Final Reading. 

8/17/20 Signed by Governor

4/23/20
NEW HAMPSHIRE
SB 679 

HB 705

This bill requires institutions of higher education to adopt and make available to students policies on dating violence, domestic violence, sexual assault, and stalking; to develop a task force and survey on sexual misconduct and report its findings; to appoint a campus safety advisor; to collaborate with law enforcement on the investigation and prosecution of sexual assault incidents; to establish confidential resource advisors; to develop awareness programming; and to undertake institutional training in the awareness and prevention of sexual violence on campus. 

 

1/8/20 SB 679 Introduced, in Judiciary Committee 

3/12/20 Senator amendments 2020-1199s
6/30/20 Expect to pass with amendments

 

6/4/20 HB 705 Introduced in House

6/16/20 Crossed over and passed in Senate

7/1/20 Passed House, sent to Governor Sununu

7/20/20 Signed by Governor

6/30/20
NEW YORK
A 3639 

S3459

Institutes creation and publication of database of employees found responsible for sexual violence or harassment. Also requires disclosure if settlement was reached prior to finding A3639 1/30/19 Referred to Committee for Higher Education 

 

S3459 3/1/19 Referred to Committee for Higher Education

 

 

Meets year-round
NORTH CAROLINA
HB 305 

SB306

Requires due process elements for accused students; cross-examination required; situations in which a student may be suspended or expelled narrowly defined. 3/7/19 Introduced; 3/11/19 Referred to the Committee on Education – Universities, 7/31/19 Passed House, 8/5/19 referred to Committee on Rules and Operations of Senate Mid July
OKLAHOMA
SB 1466 Creates the Student and Administration Equality Act; providing certain right to representation, due process protections. 

 

2/3/20 Introduced, referred to Education 

2/27/20 Motion expired

5/29/20
SOUTH CAROLINA
HB 3804 “Fundamental Fairness in College Discipline Act of 2019” Calls for elements of due process, including active legal counsel; presumption of “non-violation;” appeals entitled to judicial review. 1/30/19 Introduced and referred to Committee on Judiciary, 3/6/19 additional sponsors added
2/13/20 Additional sponsors added
Meets year-round
H3921 Requires schools to provide to employees and enrolled students an option for reporting sexual misconduct electronically 2/7/19 Introduced and referred to Committee on Judiciary
H3922 Requires schools to provide amnesty to students for violations of the code of conduct, provided that their reports of sexual misconduct were filed in good faith 2/7/19 Introduced and referred to Committee on Judiciary
UTAH
H346 

SB 134

Prohibit a postsecondary institution from imposing a sanction on a student for violating the institution’s code of conduct under certain
circumstances; enacts other provisions related to the duties of a postsecondary institution in circumstances related to an allegation of sexual violence; and creates criminal offenses related to retaliation against a victim of or a witness to an act of sexual violence under certain circumstances.
3/26/19 Governor signed 3/12/20
VIRGINIA
HB 12 Double jeopardy bill requiring VA Dept. of Ed to establish procedures to adjudicate Title IX complaints. 1/20/20 sub-committee recommended striking from docket. Bill is dead. 3/7/20
HB 913 Requires the governing board of each public institution of higher education and each nonprofit private institution of higher education to include as part of its policy, code, rules, or set of standards governing sexual violence a provision for immunity from disciplinary action 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. 

 

1/8/20 Introduced in House 

1/31/20 Passed House

2/3/20 Senate referred to Committee on Education and Health

2/14/20 Assigned to Higher Education sub-committee
4/10/20 Governor signed

 

HB 103 Requires each institution of higher education that is required by law to include a prominent notation on the academic transcript of each student who has been suspended for, has been permanently dismissed for, or withdraws from the institution while under investigation for an offense involving sexual violence under the institution’s code, rules, or set of standards governing student conduct to adopt a policy for the expungement of such notation for good cause shown and after a period of three years. 

 

12/12/19 Introduced, referred to House committee on Education,                         1/31/20 unanimously passed House    2/3/20 Referred to Senate Committee on Education and Health                           2/26/20 Passed Senate (24-Y 15-N)         3/2/20 HB103ER passed both House and Senate
3/23/20 Governor signedEffective 7/1/20
WASHINGTON
HB 2327 

SB 6439

To provide clarity and direction to post-secondary educational institutions for disclosing substantiated findings of sexual misconduct committed by its employees against students. 1/13/20 Introduced, referred to College & Workforce Development 

1/21/20 Public Hearing 2/7/20 Referred to Appropriations

2/13/20 passed House

2/17/20 In Senate
4/23/20 Governor signed

3/12/20
HB 1998 Emergency action to create task force to ensure institutions maintain victim-centered, trauma-informed sexual misconduct policies and procedures 2/11/19 Introduced and referred to Committee on College & Workforce Development; 3/8/19 passed the House unanimously and was referred to the Senate Higher Education and Workforce Development Committee; 3/19/19 Considered at public hearing by Senate Higher Education Committee; 3/9/19 Considered at public hearing by Senate Ways and Means Committee; 4/17/19 Placed on Second Reading; 4/28/19 By resolution, returned to House Rules Committee for third reading. 

1/13/20 Reintroduced, referred to College & Workforce Development