HB 1772

In any proceeding on a claim against a higher education institution for negligence in admitting, enrolling, extending housing opportunities to, or otherwise facilitating the educational attainment of a person who has been previously convicted of a crimina l offense, this bill provides that a higher education institution is not liable based solely upon the fact that the person has been previously convicted of a criminal offense. In a cause of action against a higher education institution for negligence in admitting, enrolling, extending housing opportunities to, or otherwise facilitating the educational attainment of a person who has been previously convicted of a criminal offens e, this bill provides that evidence that the person has been previously convicted of a criminal offense is not admissible. VIOLENT OFFENSES This bill does not apply when (i) the higher education institution had actual knowledge of the person's prior conviction for certain violent offense s or for certain violent sexual offense s; or when (ii) t he higher education institution, having actual knowledge of the person's commission of certain violent offense s or certain violent sexual offense s , after admittance, was willful in allowing the person to continue enrolling in, residing at, or otherwise utilizing the higher education institution. The viole nt offenses described in this paragraph are the following:  The following m urder offenses : First degree murder and second degree murder, including any attempt, solicitation or facilitation to commit such murder .  The following k idnapping offenses : Especially aggravated kidnapping ; any attempt or facilitation to commit such ; a ggravated kidnapping ; e specially aggravated kidnapping where the victim is a minor, except when committed by a parent of the minor ; and aggravated kidnapping where the victim is a minor, except when committed by a parent of the minor.  The following a rson offenses : Aggravated arson and any attempt or facilitation to commit such.  The following r obbery offenses : Especially aggravated robbery, any attempt or facilitation to commit such, and a ggravated robbery.  The following b urglary offense : E specially aggravated burglary .  The following r ape offenses : Aggravated rape , any attempt or facilitation to commit such, r ape , a ggravated sexual battery , aggravated spousal rape, spousal rape, and attempt to commit rape.  The following sexual offense : Certain past convictions of incest.  The following sexual o ffenses against minors : Rape of a child and any attempt or facilitation to commit such, a ggravated child abuse and rape of a child , a ggravated sexual exploitation of a minor , especially aggravated sexual exploitation of a minor , s exual battery by an authority figure, s olicitation of a minor when the offense is classified as a Class B or C felony , s tatutory rape by an authority figure , a ggravated rape of a child , and c ontinuous sexual abuse of a child .  The following i nchoate offenses : Criminal attempt, solicitation, conspiracy, criminal responsibility, facilitating the commission of, and being an accessory after the fact to any of the violent sexual offenses described above.  The following t rafficking offenses : Trafficking for a commercial sex act .  The following p rostitution offense : Promotion of prostitution where the person has a prior conviction for promotion of prostitution . IMPACT ON CAUSES OF ACTION This bill does not create a cause of action or expand an existing cause of action . However, this bill does not impair the ability of a court to do any of the following:  Recognize a private right of action that was recognized before July 1, 2012, by the courts of this state as arising under a statute, unless the statute is amended after July 1, 2012, to expressly bar the private right of action .  Create or confer a private right of action in the absence of a controlling statute on each cause of action contained in the complaint if such action is based on the common law .  Utilize the doctrine of negligence per se .  Recognize a private right of action commenced by a state or local governmental entity to collect any fees owed for a governmental service or to recover such fees from a party that is obligated to bill and collect fees owed others for a governmental service. RULES This bill does not impair the ability of a state or local regulatory or licensing agency to enforce rules pursuant to the Uniform Administrative Procedures Act , if such rules were duly enacted through the rulemaking authority granted to any such agency by statute.