By: Blanco  S.B. No. 623
         (In the Senate - Filed February 8, 2021; March 11, 2021,
  read first time and referred to Committee on Veteran Affairs &
  Border Security; April 7, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  April 7, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 623 By:  Blanco
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the investigation and punishment of certain sexual
  offenses, to protective orders issued on the basis of certain
  sexual offenses, to crime victims' compensation, and to the
  establishment of a state sexual offense prevention and response
  program for the Texas Military Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 432, Government Code, is amended by
  adding Subchapter J-1 to read as follows:
  SUBCHAPTER J-1. SEXUAL OFFENSE PREVENTION AND RESPONSE
         Sec. 432.171.  DEFINITIONS. In this subchapter:
               (1)  "Coordinator" means the state sexual offense
  response coordinator employed as provided by this subchapter.
               (2)  "Department" means the Texas Military Department.
               (3)  "Program" means the state sexual offense
  prevention and response program established as provided by this
  subchapter.
               (4)  "Restricted report" means a reporting option that
  allows a person who is a victim of an offense to confidentially
  disclose the offense to the coordinator and obtain medical
  treatment, including emergency care and counseling, without
  initiating an investigation. The report may not be referred to law
  enforcement officers or to command officials of the Texas military
  forces to initiate an official investigation unless the person who
  reported the offense consents.
               (5)  "Texas military forces" means the Texas Army
  National Guard, the Texas Air National Guard, and the Texas State
  Guard.
               (6)  "Unrestricted report" means a reporting option
  that allows a person who is a victim of an offense to report the
  offense to the coordinator if the person does not request
  confidentiality in reporting the offense or request a restricted
  report.
         Sec. 432.172.  SEXUAL ASSAULT AND INDECENT ASSAULT. A
  person subject to this chapter who commits an offense under Section
  22.011, 22.012, or 22.021, Penal Code, is subject to investigation
  under this subchapter and punishment under this chapter.
         Sec. 432.173.  STATE SEXUAL OFFENSE PREVENTION AND RESPONSE
  PROGRAM; COORDINATOR. (a) To the extent state funds are available
  for this purpose, the department shall establish a state sexual
  offense prevention and response program and employ or designate a
  state sexual offense response coordinator to perform victim
  advocacy services, including ensuring that persons who are victims
  of sexual assault or indecent assault receive appropriate
  responsive care and understand the options available for reporting
  the assault.
         (b)  The coordinator shall accept reports for alleged
  offenses under Sections 22.011, 22.012, and 22.021, Penal Code,
  made by a person who is a member of the Texas military forces
  against an accused person who is a member of the Texas military
  forces.
         (c)  The coordinator shall notify each person who is a victim
  of a sexual assault reported under Subsection (b) of their
  eligibility for crime victims' compensation under Chapter 56B, Code
  of Criminal Procedure.
         (d)  The program and coordinator are within the department
  but shall exercise the authority granted under this subchapter
  independently from the chain of command within the department.
         (e)  The coordinator must allow a member of the Texas
  military forces who is the victim of an alleged offense under
  Section 22.011, 22.012, or 22.021, Penal Code, to:
               (1)  file with the coordinator a restricted or
  unrestricted report or file a restricted report and later convert
  that report to an unrestricted report;
               (2)  participate in the United States Department of
  Defense Catch a Serial Offender program; and
               (3)  receive notice when the coordinator is made aware
  that the accused person has been subsequently accused of an offense
  under Section 22.011, 22.012, or 22.021, Penal Code, by a service
  member or any other person.
         Sec. 432.174.  INVESTIGATION. (a)  On the filing of an
  unrestricted report alleging an offense under Section 22.011 or
  22.021, Penal Code, the coordinator:
               (1)  shall refer the unrestricted report to the Texas
  Rangers division of the Department of Public Safety for
  investigation; and
               (2)  may refer the unrestricted report to the
  appropriate local law enforcement agency for the initial collection
  of evidence.
         (b)  A local law enforcement agency that initially collects
  evidence for an unrestricted report under Subsection (a) shall
  transfer all relevant evidence and information to the Texas Rangers
  division of the Department of Public Safety on request of the
  division.
         (c)  On the filing of an unrestricted report alleging an
  offense under Section 22.012, Penal Code, the coordinator shall
  refer the unrestricted report to the appropriate local law
  enforcement agency for investigation.
         (d)  The Texas Rangers division of the Department of Public
  Safety shall assign an officer of the Texas Rangers to investigate
  reports referred to the division under this section.  If the
  investigation demonstrates probable cause that an offense under
  Section 22.011 or 22.021, Penal Code, was committed by a person
  subject to this chapter, the investigator shall refer the matter to
  the appropriate local district attorney, criminal district
  attorney, or county attorney with criminal jurisdiction.
         Sec. 432.175.  PROTECTIVE ORDER. In accordance with Article
  7B.001(a-1), Code of Criminal Procedure, and with the consent of
  the person who is the victim of an offense under Section 22.011,
  22.012, or 22.021, Penal Code, alleged to have been committed by a
  person subject to this chapter, the coordinator may file an
  application for a protective order under Subchapter A, Chapter 7B,
  Code of Criminal Procedure, on behalf of the victim.
         Sec. 432.176.  REPORT TO LEGISLATURE; LEGISLATIVE
  OVERSIGHT. (a) The adjutant general or coordinator shall annually
  submit a report on the activities under the program and the
  activities of the department relating to sexual offense prevention
  and response to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives; and
               (4)  the chairs of the standing committees of the
  senate and house of representatives with primary jurisdiction over
  the department.
         (b)  Using state data collected by the coordinator, the
  report must include for the preceding state fiscal year:
               (1)  the policies and procedures implemented by the
  coordinator and adjutant general in response to incidents of sexual
  assault and indecent assault;
               (2)  an assessment of the implementation and
  effectiveness of the program and the policies and procedures on the
  prevention and oversight of and the state's response to reports of
  sexual assault and indecent assault within the department;
               (3)  an analysis of the number of incidents of sexual
  assault and indecent assault involving members of the Texas
  military forces; and
               (4)  deficiencies in the department's training of the
  coordinator.
         (c)  Information provided in the report required under
  Subsection (b)(3) for restricted cases is limited to aggregated
  statistical data to protect victim privacy and for unrestricted
  cases is limited to aggregated statistical data that at a minimum
  includes:
               (1)  statistics relating to the types of offenses
  investigated under this subchapter;
               (2)  statistics relating to victims and accused
  persons;
               (3)  the status of investigations under this subchapter
  and prosecutions under this chapter; and
               (4)  the status of administrative actions taken by the
  department against members of the Texas military forces who are on
  state active duty.
         SECTION 2.  Article 7B.001, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  In addition to the persons having standing to file the
  application under Subsection (a), the state sexual offense response
  coordinator described by Subchapter J-1, Chapter 432, Government
  Code, with the consent of a person who is the victim of an offense
  under Section 22.011, 22.012, or 22.021, Penal Code, alleged to
  have been committed by a person subject to Chapter 432, Government
  Code, may file an application for a protective order under this
  subchapter on behalf of the victim.
         SECTION 3.  Article 7B.002, Code of Criminal Procedure, is
  amended to conform to Chapter 955 (S.B. 194), Acts of the 86th
  Legislature, Regular Session, 2019, and further amended to read as
  follows:
         Art. 7B.002.  TEMPORARY EX PARTE ORDER.  (a) If the court
  finds from the information contained in an application for a
  protective order that there is a clear and present danger of sexual
  assault or abuse, indecent assault, stalking, trafficking, or other
  harm to the applicant, the court, without further notice to the
  alleged offender and without a hearing, may issue a temporary ex
  parte order for the protection of the applicant or any other member
  of the applicant's family or household.
         (b)  For purposes of this article, a military protective
  order issued to a person because the person was a reported victim of
  an offense under Section 22.011, 22.012, or 22.021, Penal Code,
  constitutes sufficient information for a court to find there is a
  clear and present danger of sexual assault or abuse or other harm to
  the applicant.
         SECTION 4.  The Texas Military Department is required to
  implement a provision of this Act only if the legislature
  appropriates money specifically for that purpose.  If the
  legislature does not appropriate money specifically for that
  purpose, the Texas Military Department may, but is not required to,
  implement a provision of this Act using other appropriations
  available for that purpose.
         SECTION 5.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 6.  This Act takes effect September 1, 2021.
 
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