Senate advances House-passed bill to require schools to report sexual battery
(The Center Square) – A Virginia Senate committee advanced House-passed legislation that would require schools to report certain misdemeanor offenses to law enforcement, including threats, sexual battery and stalking.
House Bill 4, sponsored by Del. Scott Wyatt, R-Mechanicsville, advanced through the Senate Education and Health Committee on a 10-5 vote with bipartisan support, but opposition from some Democrats. The legislation passed the House of Delegates earlier this month 59-40 with support from Republican leadership and some Democrats.
The legislation would scale back a law signed by Gov. Ralph Northam in 2020, which gave schools discretion on whether to report misdemeanor offenses to police. Although the bill would maintain discretion in most cases, it would reinstate reporting requirements for offenses that the lawmakers believed were more serious – sexual battery, stalking, oral threats to school personnel and threats against the school.
A Senate-adopted amendment would make an exception for special education students who make threats. Under the Senate-approved version, schools will still have discretion in those cases.
Schools would still have discretion on whether to report misdemeanor alcohol, marijuana and drug offenses, as well as assault with a bodily injury under both versions of the bill. The legislation would not affect reporting felony offenses, which schools are required to report to law enforcement in every case.
“This bill is a common-sense measure that will make our students and schools safer,” Del. Glenn David, R-Virginia Beach, said in a statement. “There is room for a principal to use his or her discretion when a crime doesn’t harm or threaten others. But when someone commits sexual battery or threatens to blow up a school, police need to know. I’m proud to have helped our Republican team keep this promise.”
If the Senate passes the amended legislation, the House will need to consider the amended version of the bill.
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