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Senate Amendment 5107

Amendment Text

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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