Text: S05106 Text: S05108 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2328 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause, and inserting the following:
1 4 "Section 1. NEW SECTION. 709.19 SEXUAL OFFENSE
1 5 REPORTING.
1 6 1. For purposes of this section, "sexual offense"
1 7 means any offense proscribed under this chapter.
1 8 2. Any person, firm, association, or corporation
1 9 maintaining, advertising, or conducting in Iowa any
1 10 course of instruction for postsecondary students for
1 11 profit or for a tuition charge shall:
1 12 a. Comply with the provisions of 20 U.S.C. } 1092,
1 13 as applicable.
1 14 b. Prescribe policies and procedures relating to
1 15 sexual offenses committed on the premises of the
1 16 postsecondary institution, including but not limited
1 17 to the following:
1 18 (1) Prescribing and publicizing procedures that
1 19 students should follow if a sexual offense is
1 20 committed on the premises of the postsecondary
1 21 institution, including but not limited to whom the
1 22 sexual offense should be reported, who should
1 23 otherwise be contacted, and procedures relating to the
1 24 timely preservation of evidence necessary for proof of
1 25 the sexual offense.
1 26 (2) Informing students immediately of their option
1 27 to notify law enforcement authorities of the alleged
1 28 sexual offense. If the sexual offense occurred on the
1 29 campus of a postsecondary institution governed by the
1 30 state board of regents that employs full-time
1 31 certified law enforcement officers, the incident shall
1 32 be reported to the department of public safety.
1 33 (3) Notifying students of existing counseling,
1 34 mental health, or other services available, either on
1 35 campus or in the community, for victims of sexual
1 36 offenses.
1 37 (4) Notifying students of options for changing
1 38 academic and living situations after an alleged
1 39 commission of a sexual offense, and providing
1 40 available assistance regarding such changes if
1 41 requested by the victim.
1 42 (5) Prescribing disciplinary procedures for sexual
1 43 offenses, and notifying students of the possible
1 44 sanctions that could be imposed following the final
1 45 determination of disciplinary procedures resulting
1 46 from sexual offenses.
1 47 (6) Conducting education programs to promote the
1 48 awareness of sexual offenses.
1 49 3. Providers of medical treatment or counselors
1 50 employed by the postsecondary institution shall not be
2 1 included within the reporting requirement.
2 2 Sec. 2. Section 915.20, subsection 1, paragraph a,
2 3 Code 1999, is amended to read as follows:
2 4 a. "Proceedings related to the offense" means any
2 5 of the following:
2 6 (1) Any activities engaged in or proceedings
2 7 commenced by a law enforcement agency, judicial
2 8 district department of correctional services, or a
2 9 court pertaining to the commission of a public offense
2 10 against the victim, in which the victim is present, as
2 11 well as examinations of the victim in an emergency
2 12 medical facility due to injuries from the public
2 13 offense which do not require surgical procedures.
2 14 "Proceedings related to the offense" includes, but is
2 15 not limited to, law enforcement investigations,
2 16 pretrial court hearings, trial and sentencing
2 17 proceedings, and proceedings relating to the
2 18 preparation of a presentence investigation report in
2 19 which the victim is present.
2 20 (2) Any investigation, meeting, or other
2 21 proceeding related to a sexual offense that is subject
2 22 to a disciplinary proceeding by a person, firm,
2 23 association, or corporation maintaining, advertising,
2 24 or conducting in Iowa any course of instruction for
2 25 postsecondary students for profit or for a tuition
2 26 charge pursuant to section 709.19."
2 27 #2. Title page, line 1, by striking the words
2 28 "reports of assault and sexual abuse" and inserting
2 29 the following: "sexual offenses".
2 30 #3. Title page, line 2, by adding after the word
2 31 "campuses" the following: "and private postsecondary
2 32 school premises".
2 33 #4. By renumbering as necessary.
2 34
2 35
2 36
2 37 MARK SHEARER
2 38 SF 2328.302 78
2 39 jj/cf
Text: S05106 Text: S05108 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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