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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Office for Sexual Assault |
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Survivor Assistance within the criminal justice division of the |
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governor's office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 420.011(a), Government Code, is amended |
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to read as follows: |
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(a) The attorney general, with the advice of the Office for |
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Sexual Assault Survivor Assistance established under Section |
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772.0064, may adopt rules necessary to implement this chapter. A |
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proposed rule must be provided to grant recipients at least 60 days |
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before the date of adoption. |
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SECTION 2. Section 420.031(c), Government Code, is amended |
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to read as follows: |
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(c) In developing the evidence collection kit and protocol, |
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the attorney general shall consult with the Office for Sexual |
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Assault Survivor Assistance established under Section 772.0064 |
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[individuals and organizations having knowledge and experience in
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the issues of sexual assault and other sex offenses]. |
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SECTION 3. Subchapter A, Chapter 772, Government Code, is |
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amended by adding Section 772.0064 to read as follows: |
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Sec. 772.0064. OFFICE FOR SEXUAL ASSAULT SURVIVOR |
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ASSISTANCE. (a) In this section: |
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(1) "Office" means the Office for Sexual Assault |
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Survivor Assistance. |
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(2) "Sexual assault," "sexual assault nurse |
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examiner," and "survivor" have the meanings assigned by Section |
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420.003. |
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(b) The governor shall establish the Office for Sexual |
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Assault Survivor Assistance within the criminal justice division |
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established under Section 772.006. |
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(c) The governor shall appoint a director for the office to |
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serve at the pleasure of the governor. |
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(d) The director may hire staff as necessary to carry out |
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the duties of the office within the guidelines established by the |
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governor. |
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(e) The office shall: |
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(1) facilitate communication and cooperation between |
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state agencies that have duties relating to sexual assault |
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prevention, investigation, or prosecution or services provided to |
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survivors in order to coordinate state resources available for |
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assisting survivors; |
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(2) collect, analyze, and make publicly available |
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information, organized by council of governments region, regarding |
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the prevention, investigation, and prosecution of sexual assault |
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and services provided to survivors, including a list of SAFE-ready |
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facilities designated under Section 323.0015, Health and Safety |
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Code; |
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(3) periodically make and update recommendations to |
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the attorney general for rules governing the collection and |
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preservation of evidence in cases of sexual assault or other sex |
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offenses, including recommendations regarding: |
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(A) evidence collection kits for use in the |
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collection and preservation of evidence of a sexual assault or |
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other sex offense; |
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(B) protocols for the collection and |
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preservation of evidence of a sexual assault or other sex offense; |
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(C) the curriculum for sexual assault evidence |
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collection and preservation training programs; and |
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(D) the requirements for certification of sexual |
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assault nurse examiners; |
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(4) advise and provide resources to the Texas |
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Commission on Law Enforcement to improve law enforcement officer |
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training related to the investigation and documentation of cases |
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involving sexual assault, with a focus on the interactions between |
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law enforcement officers and survivors; |
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(5) biennially contract for a survey of the resources |
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provided to survivors by nonprofit organizations, health care |
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facilities, institutions of higher education, and governmental |
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entities in each region of the state; and |
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(6) develop a statewide standard for best practices in |
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the provision of resources to survivors by nonprofit organizations, |
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health care facilities, institutions of higher education, and |
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governmental entities in consultation with individuals and |
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organizations having knowledge and experience in issues of sexual |
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assault or other sex offenses, including one or more: |
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(A) law enforcement agencies with jurisdiction |
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over the investigation of sexual assault or other sex offenses; |
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(B) prosecutors responsible for prosecuting |
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sexual assault or other sex offenses; |
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(C) representatives of each state agency that has |
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duties relating to sexual assault prevention, investigation, or |
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prosecution or provides services to survivors, including the office |
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of the attorney general; |
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(D) representatives from regional councils of |
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government or the Texas Association of Regional Councils; |
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(E) representatives of the Texas Forensic |
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Science Commission; |
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(F) nonprofit organizations that receive funds |
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under the Victims of Crime Act of 1984 (Title II, Pub. L. No. |
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98-473) for the purposes of providing services to survivors; |
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(G) health care facilities that perform forensic |
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examinations on survivors; |
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(H) certified sexual assault nurse examiners; |
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(I) providers of sexual assault nurse examiner |
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training programs certified by the attorney general; |
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(J) representatives from Texas Court Appointed |
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Special Advocates; and |
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(K) representatives designated by a nonprofit |
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organization that provides services to survivors to represent the |
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interests of survivors of sexual assault or other sex offenses. |
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(f) Not later than November 1 of each even-numbered year, |
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the office shall analyze the data from the survey performed under |
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Subsection (e) and prepare and submit to the legislature a report |
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that includes: |
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(1) a description of the resources provided to |
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survivors by nonprofit organizations, health care facilities, |
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institutions of higher education, and governmental entities in each |
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region of the state; |
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(2) a description of the differences between the |
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resources provided to survivors and the statewide standard, |
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comparable by region and by year; |
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(3) recommendations on measures each region could take |
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to better comply with the statewide standard; and |
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(4) a description of potential sources and mechanisms |
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of funding available to implement the recommendations. |
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(g) To the extent possible, all recommendation, standard, |
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and resource information provided by the office shall be |
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evidence-based and consistent with standards of practice and care |
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in this state and throughout the country. |
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(h) To the extent permitted by federal law, the criminal |
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justice division shall use funding received under the Victims of |
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Crime Act of 1984 (Title II, Pub. L. No. 98-473) for purposes of |
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this section. |
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SECTION 4. Section 1701.253, Occupations Code, is amended |
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by adding Subsection (b-1) to read as follows: |
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(b-1) The commission shall consult with the Office for |
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Sexual Assault Survivor Assistance established under Section |
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772.0064, Government Code, regarding minimum curriculum |
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requirements for training in the investigation and documentation of |
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cases that involve sexual assault or other sex offenses. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the governor shall establish the Office for Sexual |
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Assault Survivor Assistance and appoint a director of the office as |
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required by Section 772.0064, Government Code, as added by this |
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Act. |
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SECTION 6. 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. |