By: Minjarez H.B. No. 4250
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the investigation and punishment of certain sexual
  assaults, to protective orders issued on the basis of certain
  sexual assaults, to crime victims' compensation, and to the
  establishment of a state sexual assault prevention and response
  program for the Texas Military Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 432, Government Code, is amended by
  adding Subchapter J-1 to read as follows:
  SUBCHAPTER J-1. SEXUAL ASSAULT
         Sec. 432.171.  DEFINITIONS. In this subchapter:
               (1)  "Coordinator" means the state sexual assault
  response coordinator employed as provided by this subchapter.
               (2)  "Program" means the state sexual assault
  prevention and response program established as provided by this
  subchapter.
               (3)  "Department" means the Texas Military Department.
         Sec. 432.172.  SEXUAL ASSAULT.  A person subject to this
  chapter who commits an offense under Section 22.011 or 22.021,
  Penal Code, is subject to investigation under this subchapter and
  punishment under this chapter.
         Sec. 432.173.  STATE SEXUAL ASSAULT PREVENTION AND RESPONSE
  PROGRAM; COORDINATOR. (a) To the extent state and federal funds
  are available for this purpose, the department shall establish a
  state sexual assault prevention and response program and employ or
  designate a state sexual assault response coordinator to perform
  victim advocacy services, including ensuring that victims of sexual
  assault receive appropriate responsive care and understand the
  available reporting options.
         (b)  The coordinator shall notify the person who is the
  victim of sexual assault of their eligibility for the Crime
  Victims' Compensation program.
         (c)  The program and coordinator are within the Texas
  Military Department but shall exercise the authority granted under
  this subchapter independently from the chain of command within the
  department.
         (d)  The program must allow a victim of:
               (1)  an offense under Section 22.011 or 22.021, Penal
  Code, to file a report with the coordinator alleging that a person
  subject to this chapter committed the offense; and
               (2)  sexual harassment to:
                     (A)  file a confidential complaint of sexual
  harassment with the coordinator;
                     (B)  participate in the United States Department
  of Defense Catch a Serial Offender program;
                     (C)  receive notice if the accused person is
  subsequently accused of an offense under Section 22.011 or 22.021,
  Penal Code, by a service member or any other person; and
                     (D)  convert a confidential complaint to a formal
  complaint at any time.
         Sec. 432.174.  INVESTIGATION.  (a) Upon the filing of a
  formal report and with the consent of the victim, the coordinator
  shall refer the case or allegation to the Texas Rangers division of
  the Department of Public Safety for investigation.
         (b)  The Texas Rangers division of the Department of Public
  Safety shall designate an officer of the Texas Rangers to serve as
  an investigator for cases and allegations referred to the division
  under this subchapter. If the investigation demonstrates a
  reasonable suspicion that an offense under Section 22.011 or
  22.021, Penal Code, was committed by a person subject to this
  chapter, the investigator shall refer the matter to a district
  attorney or criminal district attorney with the appropriate
  jurisdiction.
         Sec. 432.175.  PROTECTIVE ORDER. In accordance with Article
  7B.001(a-1), Code of Criminal Procedure, the coordinator may file
  an application with the consent of a person who is the victim for a
  protective order under Subchapter A, Chapter 7B, Code of Criminal
  Procedure, on behalf of a person who is the victim of an offense
  under Section 22.011 or 22.021, Penal Code, that is alleged to have
  been committed by a person subject to this chapter.
         Sec. 432.176.  REPORT TO LEGISLATURE; LEGISLATIVE
  OVERSIGHT. (a) The adjutant general or coordinator shall annually
  submit a report on the activities under the program and the
  activities of the Texas Military Department relating to sexual
  assault prevention and response to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives; and
               (4)  the chairs of the standing committees of the
  senate and house of representatives with primary jurisdiction over
  the Texas Military Department.
         (b)  The report must include:
               (1)  for the preceding state fiscal year:
                     (A)  the policies and procedures implemented by
  the coordinator and adjutant general in response to incidents of
  sexual assault;
                     (B)  an assessment of the implementation and
  effectiveness of the program and the policies and procedures on the
  prevention and oversight of and response to sexual assaults within
  the Texas Military Department, including an assessment of the
  department's efforts to execute the priorities of the United States
  Department of Defense Sexual Assault Prevention and Response Office
  and the department's Sexual Harassment/Assault Response Program;
                     (C)  an analysis of the number of sexual assaults
  involving members of the state military forces; and
                     (D)  deficiencies in the Texas Military
  Department's sexual assault prevention training; and
               (2)  for the current state fiscal year, the Texas
  Military Department's plans for preventing and responding to sexual
  assault, including plans relating to:
                     (A)  advocacy for sexual assault victims;
                     (B)  health care provider and medical response;
                     (C)  mental health and counseling response;
                     (D)  investigative and legal services; and
                     (E)  chaplain response.
         (c)  Information provided in the report required under
  Subsection (b)(1)(C) for restricted cases is limited to aggregated
  statistical data to protect victim privacy and for unrestricted
  cases is limited to aggregated statistical data that at a minimum
  includes:
               (1)  statistics relating to the types of offenses
  investigated under this subchapter;
               (2)  statistics relating to victims and accused
  persons;
               (3)  status of investigations under this subchapter;
               (4)  status of investigations under this subchapter and
  prosecutions under this chapter; and
               (5)  status of administrative actions taken by the
  Texas Military Department.
         SECTION 2.  Article 7B.001, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  In addition to the persons having standing to file the
  application under Subsection (a), the state sexual assault response
  coordinator described by Subchapter J-1, Chapter 432, Government
  Code, may file an application with the consent of a person who is
  the victim for a protective order under this subchapter on behalf of
  a person who is the victim of an offense under Section 22.011 or
  22.021, Penal Code, alleged to have been committed by a person
  subject to Chapter 432, Government Code.
         SECTION 3.  Article 7B.003, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  For purposes of this article, a military protective
  order issued to a person because the person was a reported victim of
  an offense under Section 22.011 or 22.021, Penal Code, constitutes
  reasonable grounds to believe that the applicant is the victim of
  sexual assault.
         SECTION 4.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 5.  This Act takes effect September 1, 2021.