BILL ANALYSIS

H.B. 2678

By: Zwiener

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There have been calls to examine the efficacy of the Department of Public Safety (DPS) non‑reported sexual assault evidence program, which allows survivors of a sexual assault to obtain a forensic medical exam at no cost and without involving law enforcement personnel at the time of collection. H.B. 2678 seeks to analyze the efficacy of the program by requiring DPS to compile, maintain, and report statistics on the number of sexual assault victims in each calendar year who have reported the assault to a law enforcement agency after receiving a forensic medical examination.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2678 amends the Code of Criminal Procedure to require the Department of Public Safety (DPS) to compile and maintain statistics on the number of victims of sexual assault in each calendar year who have reported the sexual assault to a law enforcement agency after receiving a forensic medical examination before which the assault was not reported, regardless of the year in which that examination was performed. The bill prohibits the inclusion of a victim's identifying information in the statistics and requires DPS, not later than September 1 of each even‑numbered year, to report the statistics to the standing committees of the house of representatives and senate with primary jurisdiction over criminal justice issues and to post the statistics on the DPS website.

EFFECTIVE DATE

September 1, 2019.