| 1 | 1 | | 85R21372 MCK-D |
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| 2 | 2 | | By: Blanco, Neave, Arévalo H.B. No. 3039 |
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| 3 | 3 | | Substitute the following for H.B. No. 3039: |
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| 4 | 4 | | By: Gutierrez C.S.H.B. No. 3039 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the reporting and prosecution of sexual assault, sexual |
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| 10 | 10 | | harassment, and sexual misconduct by a member of the state military |
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| 11 | 11 | | forces; creating a criminal offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. This Act shall be known as the Texas Military |
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| 14 | 14 | | Justice and Protection Act. |
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| 15 | 15 | | SECTION 2. Subchapter J, Chapter 432, Government Code, is |
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| 16 | 16 | | amended by adding Section 432.1211 to read as follows: |
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| 17 | 17 | | Sec. 432.1211. REPORT OF SEXUAL ASSAULT OR SEXUAL |
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| 18 | 18 | | HARASSMENT. A person subject to this chapter may not be held for |
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| 19 | 19 | | trial by court-martial or punished under this chapter for an |
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| 20 | 20 | | offense based solely on the person's conduct of filing a report as a |
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| 21 | 21 | | victim of or witness to an incident of sexual assault, sexual |
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| 22 | 22 | | harassment, including online sexual harassment, or other sexual |
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| 23 | 23 | | misconduct unless the person knows the report is false or baseless. |
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| 24 | 24 | | SECTION 3. Subchapter J, Chapter 432, Government Code, is |
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| 25 | 25 | | amended by adding Section 432.168 to read as follows: |
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| 26 | 26 | | Sec. 432.168. RETALIATION AND SUPPRESSION. A person |
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| 27 | 27 | | subject to this chapter who violates Section 437.233 shall be |
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| 28 | 28 | | punished as a court-martial directs. |
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| 29 | 29 | | SECTION 4. Subchapter E, Chapter 437, Government Code, is |
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| 30 | 30 | | amended by adding Section 437.233 to read as follows: |
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| 31 | 31 | | Sec. 437.233. CERTAIN RETALIATION AND SUPPRESSION |
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| 32 | 32 | | PROHIBITED; OFFENSE. (a) A person may not take or threaten to take |
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| 33 | 33 | | an unfavorable personnel action or withhold or threaten to withhold |
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| 34 | 34 | | a favorable personnel action to: |
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| 35 | 35 | | (1) prevent a member of the state military forces from |
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| 36 | 36 | | communicating with the department, the office of the governor, the |
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| 37 | 37 | | office of the attorney general, a member of the legislature, or a |
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| 38 | 38 | | law enforcement agency regarding an allegation of sexual assault, |
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| 39 | 39 | | sexual harassment, including online sexual harassment, or other |
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| 40 | 40 | | sexual misconduct; or |
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| 41 | 41 | | (2) retaliate against a member of the state military |
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| 42 | 42 | | forces for reporting or planning to report an allegation of sexual |
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| 43 | 43 | | assault, sexual harassment, including online sexual harassment, or |
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| 44 | 44 | | other sexual misconduct. |
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| 45 | 45 | | (b) A person commits an offense if the person violates |
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| 46 | 46 | | Subsection (a). An offense under this subsection is a Class A |
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| 47 | 47 | | misdemeanor. |
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| 48 | 48 | | SECTION 5. Section 432.1211, Government Code, as added by |
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| 49 | 49 | | this Act, applies to an offense under Chapter 432, Government Code, |
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| 50 | 50 | | committed before, on, or after the effective date of this Act, |
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| 51 | 51 | | except that a final conviction for an offense under Chapter 432, |
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| 52 | 52 | | Government Code, that exists on the effective date of this Act is |
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| 53 | 53 | | unaffected by this Act. |
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| 54 | 54 | | SECTION 6. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2017. |
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