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


Senate Research CenterC.S.S.B. 52
78R11335 KEL-DBy: Zaffirini
Criminal Justice
4/25/2003
Committee Report (Substituted)


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).  C.S.S.B. 52 requires law enforcement agencies to report
certain information about certain sexual offenses to DPS so that DPS can
perform a statistical breakdown of offenses. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Public
Safety of the State of Texas in SECTION 1 (Section 411.042, Government
Code) and SECTION 2 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 411.042, Government Code, by amending
Subsections (b) and (g) and adding Subsections (h) and (i), as follows: 

(b) Requires the bureau of identification and records to take certain
actions. 

(g) Authorizes the Department of Public Safety (DPS) to adopt reasonable
rules under this section relating to certain actions, reports, and orders.
Makes nonsubstantive changes. 

(h) Requires information collected to perform a statistical breakdown of
offenses under Sections 22.011 (Sexual Assault) and 22.021 (Aggravated
Sexual Assault), Penal Code, as required by Subsection (b)(2) to include
certain information.  

(i) Requires a law enforcement agency to report offenses under Section
22.011 or 22.021, Penal Code, to DPS in the form and manner and at regular
intervals as prescribed by rules adopted by DPS.  Requires the report to
include the information described by Subsection (h). 

SECTION 2.  Requires DPS, in consultation with statewide, nonprofit sexual
assault programs, to establish the rules and procedures necessary to
comply with Section 411.042, Government Code, as added by this Act, not
later than October 1, 2003. 

SECTION 3.  Effective date: September 1, 2003.