SRC-TJG S.B. 52 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 52
78R877 KEL-DBy: Zaffirini
Criminal Justice
4/23/2003
As Filed


DIGEST AND PURPOSE 

Currently, law enforcement agencies are not required to report certain
information regarding sexual assaults to the Texas Department of Public
Safety (DPS).  As proposed, S.B. 52 requires law enforcement agencies to
report to DPS the number of sexual assaults reported, information about
the victim, whether a rape exam was performed, whether the case was
prosecuted, and certain other information. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Public
Safety of the State of Texas in SECTION 2 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 411, Government Code, by adding
Section 411.049 as follows: 

Sec. 411.049.  SEXUAL ASSAULT REPORTING.  (a) Requires the Department of
Public Safety (DPS) to establish and maintain a central repository for the
collection and analysis of information relating to the commission of an
offense under Section 22.011 or 22.021, Penal Code (sexual assault) ,
including specific information.  Requires DPS to develop a procedure to
monitor, record, classify, and analyze information under this subsection,
after establishing the repository. 

(b) Requires local law enforcement agencies to report the commission of
offenses under Sections 22.011 and 22.021, Penal Code (sexual assault),
and other related information required by Subsection (a) in the form and
manner and at regular intervals as prescribed by rules adopted by DPS.
Requires DPS to summarize and analyze information received under this
subsection and any other corresponding information possessed by DPS. 

(c) Requires DPS to make information, records, and statistics collected
under this section available to any local law enforcement agency,
political division, or state agency to the extent the information is
reasonably necessary or useful to the agency or subdivision in carrying
out the duties imposed by law on the agency or subdivision.  Prohibits
this subsection from being construed to limit access to information,
records, and statistics if access is permitted by other law.  Provides
that the dissemination of the names of perpetrators and victims is subject
to all confidentiality requirements otherwise imposed by law.  

SECTION 2.  Requires DPS to establish the rules and procedures necessary
to comply with Section 411.049, Government Code, as added by this Act, not
later than October 1, 2003. 

SECTION 3.  Effective date: September 1, 2003.