85R21372 MCK-D
By: Blanco, Neave, Arévalo H.B. No. 3039
Substitute the following for H.B. No. 3039:
By: Gutierrez C.S.H.B. No. 3039
A BILL TO BE ENTITLED
AN ACT
relating to the reporting and prosecution of sexual assault, sexual
harassment, and sexual misconduct by a member of the state military
forces; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Military
Justice and Protection Act.
SECTION 2. Subchapter J, Chapter 432, Government Code, is
amended by adding Section 432.1211 to read as follows:
Sec. 432.1211. REPORT OF SEXUAL ASSAULT OR SEXUAL
HARASSMENT. A person subject to this chapter may not be held for
trial by court-martial or punished under this chapter for an
offense based solely on the person's conduct of filing a report as a
victim of or witness to an incident of sexual assault, sexual
harassment, including online sexual harassment, or other sexual
misconduct unless the person knows the report is false or baseless.
SECTION 3. Subchapter J, Chapter 432, Government Code, is
amended by adding Section 432.168 to read as follows:
Sec. 432.168. RETALIATION AND SUPPRESSION. A person
subject to this chapter who violates Section 437.233 shall be
punished as a court-martial directs.
SECTION 4. Subchapter E, Chapter 437, Government Code, is
amended by adding Section 437.233 to read as follows:
Sec. 437.233. CERTAIN RETALIATION AND SUPPRESSION
PROHIBITED; OFFENSE. (a) A person may not take or threaten to take
an unfavorable personnel action or withhold or threaten to withhold
a favorable personnel action to:
(1) prevent a member of the state military forces from
communicating with the department, the office of the governor, the
office of the attorney general, a member of the legislature, or a
law enforcement agency regarding an allegation of sexual assault,
sexual harassment, including online sexual harassment, or other
sexual misconduct; or
(2) retaliate against a member of the state military
forces for reporting or planning to report an allegation of sexual
assault, sexual harassment, including online sexual harassment, or
other sexual misconduct.
(b) A person commits an offense if the person violates
Subsection (a). An offense under this subsection is a Class A
misdemeanor.
SECTION 5. Section 432.1211, Government Code, as added by
this Act, applies to an offense under Chapter 432, Government Code,
committed before, on, or after the effective date of this Act,
except that a final conviction for an offense under Chapter 432,
Government Code, that exists on the effective date of this Act is
unaffected by this Act.
SECTION 6. 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, 2017.