Mississippi 2018 Regular Session Status: Passed House 1 I cosponsors

HB 1438 — "The Sexual Assault Response for Student Act"; create.

Last action — Died In Committee

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

25 added · 23 removed

Plain-language change summary

The updated version of HB 1438 clarifies the definition of "consent" in relation to sexual activity by emphasizing that it must be a voluntary agreement and can be withdrawn at any time. It also states that past consent does not imply future consent and specifies situations where a person cannot give consent. These changes matter because they aim to protect students by ensuring that they have a clear understanding of their rights regarding consent, making campuses safer and more accountable when handling complaints of sexual misconduct.

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HB1438 (COMMITTEE SUBSTITUTE) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
HB1438 (As Passed the House) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
Representatives Cockerham, Sykes House Bill 1438 (COMMITTEE SUBSTITUTE) AN ACT TO CREATE "THE SEXUAL ASSAULT RESPONSE FOR STUDENTS ACT";
Representatives Cockerham, Sykes House Bill 1438 (As Passed the House) AN ACT TO CREATE "THE SEXUAL ASSAULT RESPONSE FOR STUDENTS ACT";
          (e)  "Higher education institution" means a public university under the management and control of the Board of Trustees of State Institutions of Higher Learning.  This phrase does not include and does not mean private colleges and universities.
          (e)  "Higher education institution" means a public university under the management and control of the Board of Trustees of State Institutions of Higher Learning, and any public community and junior college under the management and control of the Mississippi Community College Board.  This phrase does not include and does not mean private colleges and universities.
     (2)  Persons designated as confidential advisors, while serving in that capacity, shall not be assigned any job duties that would trigger any requirement to report or disclose any alleged violation of the comprehensive policy under Title IX of the Education Amendments of 1972 or any other law.
     (2)  Persons designated as confidential advisors, while serving in that capacity, shall not be assigned any job duties that would trigger any requirement to report or disclose any alleged violation of the comprehensive policy under Title IX of the Education Amendments of 1972 or any other law.  Nothing in this act shall affect any duty to report or disclose information, or refrain from reporting or disclosing information, arising directly as a result of a professional oath or license.  Nothing in this section precludes a higher education institution from partnering with a community-based sexual assault crisis center to provide confidential advisors.
 Nothing in this act shall affect any duty to report or disclose information, or refrain from reporting or disclosing information, arising directly as a result of a professional oath or license.  Nothing in this section precludes a higher education institution from partnering with a community-based sexual assault crisis center to provide confidential advisors.
          (a)  Notify the respondent of available resources and services, which may include, but are not limited to student services available on campus, community-based resources, counseling services, and mental health services.
          (a)  Notify the respondent of available resources and services, which may include, but are not limited to student services available on campus, community-based resources, counseling services, and mental health services.
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Action History

  1. Died In Committee

  2. Referred To Judiciary, Division A

  3. Transmitted To Senate

  4. Passed As Amended

  5. Amended

  6. Committee Substitute Adopted

  7. Title Suff Do Pass Comm Sub

  8. Referred To Judiciary B

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 173 not signed on

Sponsors (1)

Co-sponsors (1)

  • Sykes

Not signed on (173)

173 members have not signed on to this bill.

Show all 173 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage as Amended

Passed 117 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 15002
Republican 43000
Unaffiliated 58101
Independent 1000
Total 117103
% of votes cast 97%1%0%2%
How each member voted (121)
Member Party Vote
Bain — Yea
Baria — Yea
Beckett — Yea
Busby — Yea
Calhoun — Yea
Corley — Yea
Criswell — Yea
Denny — Yea
Dixon — Yea
Dortch — Yea
Gipson — Yea
Henley — Yea
Holland — Yea
Hopkins — Yea
Hughes — Yea
McLeod — Yea
McNeal — Yea
Mettetal — Yea
Middleton — Yea
Miles — Yea
Paden — Yea
Patterson — Yea
Perkins — Yea
Reynolds — Yea
Shirley — Yea
Snowden — Yea
Staples — Yea
Straughter — Yea
Sullivan — Yea
Sykes — Yea
Touchstone — Yea
Walker — Yea
Weathersby — Yea
Willis — Yea
Wilson — Yea
Wooten — Yea
Young — Yea
Clarke — Yea
Gibbs (72nd) — Yea
Gibbs (36th) — Yea
Holloway — Yea
Huddleston (15th) — Yea
Huddleston (30th) — Yea
Hudson — Yea
Jackson — Yea
Johnson (87th) — Yea
Johnson (94th) — Yea
Rogers (14th) — Yea
Rogers (61st) — Yea
Taylor — Yea
Mr. Speaker — Yea
Nays--Bomgar — Nay
Absent or those Myers — Not Voting
Yeas--Aguirre — Yea
Baker — Yea
Williams- Barnes — Yea
Barnett — Yea
Bell (65th) — Yea
Bell (21st) — Yea
Blackmon — Yea
Bo Brown Democrat Yea
Bob Evans Democrat Yea
Bob Evans Democrat Yea
Bryant W. Clark Democrat Yea
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Earle S. Banks Democrat Yea
Jeramey Anderson Democrat Yea
John G. Faulkner Democrat Yea
John W. Hines, Sr. Democrat Yea
Joseph Thomas Democrat Not Voting
Kabir Karriem Democrat Yea
Omeria Scott Democrat Not Voting
Oscar Denton Democrat Yea
Percy W. Watson Democrat Yea
Stephanie Foster Democrat Yea
Willie Bailey Democrat Yea
Angela Cockerham Independent Yea
Becky Currie Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Dan Eubanks Republican Yea
Donnie Scoggin Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jason White Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Karl Oliver Republican Yea
Kathy L. Chism Republican Yea
Ken Morgan Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Larry Byrd Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Randy P. Boyd Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Sam C. Mims, V Republican Yea
Scott DeLano Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Yea
Steve Massengill Republican Yea
Timmy Ladner Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
William Tracy Arnold Republican Yea

Official roll call →

Subjects

public-safety civil-rights education
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Frequently asked questions

Who sponsors HB 1438?
HB 1438 is sponsored by Angela Cockerham (Independent) and Sykes.
What is the current status of HB 1438?
This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1438?
Track HB 1438 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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