2023 Regular SessionVirginia Legislature

HB1870: Higher educational institutions; immunity from disciplinary action in certain cases.

Legislative Summary

Institutions of higher education; immunity from disciplinary action in certain cases involving a good faith report of an act of sexual violence. Removes the exemption of the Virginia Military Institute Board of Visitors from the requirement to include in its policy, code, rules, or set of standards governing sexual violence a provision for immunity from disciplinary action for certain individuals who make good faith reports of acts of sexual violence but permits Virginia Military Institute to include a provision stipulating that in the event that a cadet discloses personal consumption of drugs or alcohol in conjunction with a good faith report of an act of sexual violence and the superintendent of the Virginia Military Institute determines that such cadet's personal consumption of drugs or alcohol constitutes a threat to the cadet's well-being or the well-being of others, the superintendent may require such cadet to attend drug or substance use disorder counseling. The bill also requires the governing board of each public and nonprofit private institution of higher education to extend such provision of disciplinary immunity to disclosures of curfew violation where such disclosure is made in conjunction with a good faith report of an act of sexual violence. Under current law, such boards are only required to include a provision for disciplinary immunity from disclosures of personal consumption of drugs or alcohol made in conjunction with a good faith report of an act of sexual violence. Institutions of higher education; immunity from disciplinary action in certain cases involving a good faith report of an act of sexual violence. Removes the exemption of the Virginia Military Institute Board of Visitors from the requirement to include in its policy, code, rules, or set of standards governing sexual violence a provision for immunity from disciplinary action for certain individuals who make good faith reports of acts of sexual violence but permits Virginia Military Institute to include a provision stipulating that in the event that a cadet discloses personal consumption of drugs or alcohol in conjunction with a good faith report of an act of sexual violence and the superintendent of the Virginia Military Institute determines that such cadet's personal consumption of drugs or alcohol constitutes a threat to the cadet's well-being or the well-being of others, the superintendent may require such cadet to attend drug or substance use disorder counseling. The bill also requires the governing board of each public and nonprofit private institution of higher education to extend such provision of disciplinary immunity to disclosures of curfew violation where such disclosure is made in conjunction with a good faith report of an act of sexual violence. Under current law, such boards are only required to include a provision for disciplinary immunity from disclosures of personal consumption of drugs or alcohol made in conjunction with a good faith report of an act of sexual violence.

Demographic Impact

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Bill History

1/10/2023
Prefiled and ordered printed; offered 01/11/23 23100656D
House of Delegates
1/10/2023
Referred to Committee on Education
House of Delegates
1/26/2023
Assigned Education sub: Higher Education
House of Delegates
1/30/2023
Subcommittee recommends reporting with substitute (10-Y 0-N)
House of Delegates
1/30/2023
Committee substitute printed 23105038D-H1
House of Delegates
1/30/2023
Reported from Education with substitute (22-Y 0-N)
House of Delegates
2/1/2023
Read first time
House of Delegates
2/2/2023
Read second time
House of Delegates
2/2/2023
Committee substitute agreed to 23105038D-H1
House of Delegates
2/2/2023
Engrossed by House - committee substitute HB1870H1
House of Delegates
2/3/2023
Passed by for the day
House of Delegates
2/6/2023
Read third time and passed House (100-Y 0-N)
House of Delegates
2/6/2023
VOTE: Passage (100-Y 0-N)
House of Delegates
2/7/2023
Constitutional reading dispensed
Senate
2/7/2023
Referred to Committee on Education and Health
Senate
2/16/2023
Reported from Education and Health (14-Y 0-N)
Senate
2/17/2023
Constitutional reading dispensed (37-Y 0-N)
Senate
2/20/2023
Read third time
Senate
2/20/2023
Passed Senate (40-Y 0-N)
Senate
2/23/2023
Enrolled
House of Delegates
2/23/2023
Bill text as passed House and Senate (HB1870ER)
House of Delegates
2/23/2023
Signed by Speaker
House of Delegates
2/25/2023
Signed by President
Senate
3/2/2023
Enrolled Bill communicated to Governor on March 2, 2023
House of Delegates
3/2/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/22/2023
Governor: Approved by Governor-Chapter 160 (effective 7/1/23)
3/22/2023
Governor: Acts of Assembly Chapter text (CHAP0160)

Amendments

Substitute for HB1870 Education, Higher Education

Substitute for HB1870 Education, Higher Education

1/30/2023Not Adopted

Substitute for HB1870 Education, Higher Education

Substitute for HB1870 Education, Higher Education

1/30/2023Adopted

Roll Call Votes

Senate: Passed Senate (40-Y 0-N)
2/20/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (37-Y 0-N)
2/17/2023
37
Yea
0
Nay
0
Not Voting
3
Absent
Result: PASSED
Senate: Reported from Education and Health (14-Y 0-N)
2/16/2023
14
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Passage (100-Y 0-N)
2/6/2023
100
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with substitute (10-Y 0-N)
1/30/2023
10
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Reported from Education with substitute (22-Y 0-N)
1/30/2023
22
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/22/2023)
Chamber
House of Delegates
Sine DiePrior Session

Sponsors

Democrat: 3

Primary Sponsor

Dan Helmer
Dan Helmer
Democrat

Documents

Chaptered
Bill Text3/22/20232.9 KB
Enrolled
Bill Text2/23/20232.9 KB
Comm Sub
Bill Text1/30/20233.1 KB
Prefiled
Bill Text1/10/20232.4 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/23/202363.9 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/31/202363.5 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/24/202356.9 KB