[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5865 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5865

To create penalties for massage establishment owners and employees who 
  fail to report knowledge or reasonable suspicion of sexual assault.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

Mr. Meehan (for himself and Ms. Clark of Massachusetts) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To create penalties for massage establishment owners and employees who 
  fail to report knowledge or reasonable suspicion of sexual assault.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be referred to as the ``Duty to Report Sexual Assault 
Act of 2016''.

SEC. 2. SEXUAL ASSAULT REPORTING REQUIREMENT AND PENALTIES.

    (a) Establishment.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1522. Failure of a massage establishment owner or employee to 
              report sexual assault
    ``(a) Whoever, being the owner or employee of a massage 
establishment--
            ``(1)(A) knows or reasonably suspects that another employee 
        of the massage establishment sexually assaulted another person 
        on the premises of, or while performing services on behalf of, 
        the massage establishment; and
            ``(B) fails to report to such knowledge or reasonable 
        suspicion to the appropriate law enforcement agency; or
            ``(2) in the case of an owner of a massage establishment, 
        fails to display in a manner that is visible to customers of 
        such establishment the policies and procedures of such 
        establishment relating to sexual assault prevention and 
        response, including the policy or procedure relating to 
        reporting sexual assaults to the appropriate law enforcement 
        agency,
shall be punished as provided in subsection (b).
    ``(b) The punishment for an offense--
            ``(1) under subsection (a)(1), is a fine in an amount not 
        more than $1,500, imprisonment for a period of not more than 
        six months, or both; and
            ``(2) under subsection (a)(2), is a fine in an amount not 
        more than $500.
    ``(c) In this section:
            ``(1) The term `massage establishment' means any 
        establishment that offers for sale massage services.
            ``(2) The term `sexual assault' means a Federal, tribal, or 
        State offense, by whatever designation and wherever committed, 
        consisting of assault with intent to commit rape; aggravated 
        sexual abuse and sexual abuse (as described in sections 2241 
        and 2242); or abusive sexual contact (as described in section 
        2242).
    ``(d) Nothing in this section requires a law enforcement officer to 
whom a report is made of a sexual assault described in subsection 
(a)(1)(A) to investigate or charge an individual with an offense 
without the consent of the alleged victim of such offense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 73 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1522. Failure of a massage establishment owner or employee to report 
                            sexual assault.''.
    (c) Effective Date.--This Act shall take effect 120 days after the 
date of enactment.
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