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REFERENCE TITLE: postsecondary institutions; sexual consent policies |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2474 |
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Introduced by Representatives Mendez: Bolding, Fernandez, McCune Davis, Velasquez
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AN ACT
amending Title 15, chapter 14, Arizona Revised Statutes, by adding article 12; relating to postsecondary education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 14, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. POLICIES DEFINING CONSENT TO SEXUAL ACTIVITY
15-1897. Consent to sexual activity; policies
Each public and private college, university and community college in this state shall adopt policies to define consent to sexual activity as informed and freely given words or actions that indicate a willingness to participate in mutually agreed on sexual activity. The policies shall include statements providing that consent:
1. May not be inferred from any of the following:
(a) Silence.
(b) Passivity or lack of resistance.
(c) A current or previous dating or sexual relationship.
(d) The acceptance or provision of gifts, meals, drinks or other items.
(e) Previous consent to sexual activity.
2. May be withdrawn during sexual activity and that consent to one form of consensual sexual activity does not imply consent to any other form of sexual activity.
3. May not be obtained through physical force, violence, duress, intimidation, coercion or an express or implied threat of injury.
4. May not be given by a person who is any of the following:
(a) Incapacitated by drugs, alcohol or any other substance. The language adopted pursuant to this subdivision shall provide that the use of alcohol or drugs does not diminish a person's responsibility to obtain consent and does not excuse conduct that violates this section.
(b) Unconscious.
(c) asleep.
(d) Physically or mentally unable to make informed, rational judgments.
(e) By virtue of age, circumstances or other factors, deemed by law to be incapable of giving consent.