|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a study conducted by the Department of Public Safety on |
|
the investigation and prosecution of sexual assault offenses. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter A, Chapter 420, Government Code, is |
|
amended by adding Section 420.016 to read as follows: |
|
Sec. 420.016. STUDY AND REPORT REGARDING INVESTIGATION AND |
|
PROSECUTION OF SEXUAL ASSAULT OFFENSES. (a) The department shall |
|
conduct a study regarding the investigation and prosecution of |
|
sexual assault offenses to determine the rate of case attrition for |
|
those offenses and the reasons for the case attrition. |
|
(b) In conducting the study, the department shall compile |
|
information relating to the commission of offenses under Sections |
|
22.011 and 22.021, Penal Code, including information regarding the |
|
number of cases: |
|
(1) in which the law enforcement agency investigating |
|
the offense forwarded the case to the appropriate local county or |
|
district attorney, including cases that are prosecuted as a |
|
different criminal offense; |
|
(2) closed or classified as inactive by the law |
|
enforcement agency without forwarding the case to the appropriate |
|
local county or district attorney, and the reasons for that closure |
|
or classification; |
|
(3) in which the local county or district attorney did |
|
not prosecute the offense, and the reasons for not prosecuting the |
|
offense, including whether the offense was referred to a grand |
|
jury; and |
|
(4) dismissed after an indictment had been filed. |
|
(c) The department shall identify the governmental entities |
|
that possess information required by Subsection (b) and require |
|
each of those entities to report the information to the department |
|
in the manner prescribed by the department. |
|
(d) Not later than December 1, 2020, the department shall |
|
submit to the governor, the lieutenant governor, and each member of |
|
the legislature and publish on the department's Internet website a |
|
report on the results of the department's study under this section |
|
and recommendations for legislative or other action. |
|
(e) This section expires September 1, 2021. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2019. |