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