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