Texas 2019 - 86th Regular

Texas House Bill HB1590 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1590
	1	+	By: Howard, et al. (Senate Sponsor - Watson) H.B. No. 1590
	2	+	(In the Senate - Received from the House May 7, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Criminal
	4	+	Justice; May 17, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 0;
	6	+	May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1590 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to statewide policies and practices, personnel training,
6	14		evidence collection and preservation, and data collection and
7	15		analysis regarding the prevention, investigation, and prosecution
8	16		of sexual assault and other sex offenses.
9	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	18		SECTION 1. Section 420.012, Government Code, is amended to
11	19		read as follows:
12	20		Sec. 420.012. CONSULTATIONS. In implementing this chapter,
13	21		the attorney general shall consult with:
14	22		(1) state sexual assault coalitions;
15	23		(2) state agencies, task forces, and councils that
16	24		have duties relating to the prevention, investigation, or
17	25		prosecution of sexual assault or other sex offenses or services
18	26		provided to survivors;
19	27		(3) forensic science experts; and
20	28		(4) individuals [persons] and organizations having
21	29		knowledge and experience relating to the issues of sexual assault
22	30		and other sex offenses.
23	31		SECTION 2. Section 420.031(c), Government Code, is amended
24	32		to read as follows:
25	33		(c) In developing the evidence collection kit and protocol,
26	34		the attorney general shall consult with the individuals and
27	35		organizations listed in Section 420.012 [having knowledge and
28	36		experience in the issues of sexual assault and other sex offenses].
29	37		SECTION 3. Subchapter A, Chapter 772, Government Code, is
30	38		amended by adding Section 772.0064 to read as follows:
31	39		Sec. 772.0064. SEXUAL ASSAULT SURVIVORS' TASK FORCE. (a)
32	40		In this section:
33	41		(1) "Sexual assault," "sexual assault nurse
34	42		examiner," and "survivor" have the meanings assigned by Section
35	43		420.003.
36	44		(2) "Task force" means the Sexual Assault Survivors'
37	45		Task Force.
38	46		(b) The governor shall establish the Sexual Assault
39	47		Survivors' Task Force within the criminal justice division
40	48		established under Section 772.006.
41	49		(c) The task force shall include a steering committee
42	50		composed of the following members:
43	51		(1) the governor or the governor's designee;
44	52		(2) the president of the state sexual assault
45	53		coalition, as defined by Section 420.003, or the president's
46	54		designee; and
47	55		(3) the president of the statewide organization
48	56		described by Section 264.409, Family Code, or the president's
49	57		designee.
50	58		(d) The task force is composed of the following members:
51	59		(1) the governor or the governor's designee;
52	60		(2) a representative of each state agency that has
53	61		duties relating to the prevention, investigation, or prosecution of
54	62		sexual assault or other sex offenses or provides services to
55	63		survivors, including:
56	64		(A) the office of the attorney general; and
57	65		(B) the Health and Human Services Commission;
58	66		(3) the executive director of the Texas Commission on
59	67		Law Enforcement or the executive director's designee;
60	68		(4) the presiding officer of the Texas Forensic
61	69		Science Commission or the presiding officer's designee;
62	70		(5) the division director of the law enforcement
63	71		support division of the Texas Department of Public Safety with
64	72		authority over the Crime Laboratory Service or the division
65	73		director's designee;
66	74		(6) the president of the Texas Association of Crime
67	75		Laboratory Directors or the president's designee;
68	76		(7) the president of the Texas District and County
69	77		Attorney's Association or the president's designee;
70	78		(8) the president of the Texas Society of Pathologists
71	79		or the president's designee;
72	80		(9) the president of the International Association of
73	81		Forensic Nurses Texas Chapter or the president's designee;
74	82		(10) the president of the statewide organization
75	83		described by Section 264.409, Family Code, or the president's
76	84		designee;
77	85		(11) the president of the state sexual assault
78	86		coalition, as defined by Section 420.003, or the president's
79	87		designee;
80	88		(12) a representative from a law enforcement agency
81	89		appointed by the steering committee described by Subsection (c);
82	90		(13) a sexual assault nurse examiner appointed by the
83	91		steering committee described by Subsection (c) to represent the
84	92		interests of health care facilities that perform sexual assault
85	93		forensic exams; and
86	94		(14) other members considered appropriate by the
87	95		steering committee described by Subsection (c).
88	96		(e) An appointed member serves at the pleasure of the
89	97		appointing official.
90	98		(f) The governor is the presiding officer of the task force.
91	99		(g) The task force shall meet at the call of the governor.
92	100		(h) The steering committee shall:
93	101		(1) create within the task force:
94	102		(A) a working group focusing on survivors who are
95	103		children; and
96	104		(B) a working group focusing on survivors who are
97	105		adults;
98	106		(2) ensure that the task force identifies systemic
99	107		issues and solutions pertaining to survivors of all ages;
100	108		(3) ensure that the task force does not unnecessarily
101	109		duplicate existing standards, information, and protocol in
102	110		preventing, investigating, prosecuting, and responding to sexual
103	111		assault and other sex offenses; and
104	112		(4) review and approve all task force reports,
105	113		recommendations, resources, protocols, advice, and other
106	114		information before release.
107	115		(i) The task force shall:
108	116		(1) develop policy recommendations to allow the state
109	117		to:
110	118		(A) effectively coordinate funding for services
111	119		to child and adult survivors; and
112	120		(B) better prevent, investigate, and prosecute
113	121		incidents of sexual assault and other sex offenses;
114	122		(2) facilitate communication and cooperation between
115	123		state agencies that have duties relating to the prevention,
116	124		investigation, or prosecution of sexual assault or other sex
117	125		offenses or services provided to survivors in order to identify and
118	126		coordinate state resources available for assisting survivors;
119	127		(3) collect, analyze, and make publicly available
120	128		information, organized by region, regarding the prevention,
121	129		investigation, and prosecution of sexual assault and other sex
122	130		offenses and services provided to survivors, including a list of
123	131		SAFE-ready facilities designated under Section 323.0015, Health
124	132		and Safety Code;
125	133		(4) make and periodically update recommendations
126	134		regarding the collection, preservation, tracking, analysis, and
127	135		destruction of evidence in cases of sexual assault or other sex
128	136		offenses, including recommendations:
129	137		(A) to the attorney general regarding:
130	138		(i) evidence collection kits for use in the
131	139		collection and preservation of evidence of sexual assault or other
132	140		sex offenses;
133	141		(ii) protocols for the collection and
134	142		preservation of evidence of sexual assault or other sex offenses;
135	143		(iii) the curriculum for training programs
136	144		on collecting and preserving evidence of sexual assault and other
137	145		sex offenses; and
138	146		(iv) the requirements for certification of
139	147		sexual assault nurse examiners; and
140	148		(B) to other appropriate individuals or
141	149		organizations, regarding:
142	150		(i) the procedures for obtaining patient
143	151		authorization for forensic medical examinations of child and adult
144	152		survivors under Articles 56.06 and 56.065, Code of Criminal
145	153		Procedure;
146	154		(ii) the requirements for maintaining an
147	155		appropriate evidentiary chain of custody;
148	156		(iii) the identification and reporting of
149	157		untested evidence throughout the state; and
150	158		(iv) standards for the submission of
151	159		evidence to forensic laboratories for analysis, including
152	160		procedures for submitting evidence in cases for which no evidence
153	161		has been previously submitted or tested;
154	162		(5) advise and provide resources to the Texas
155	163		Commission on Law Enforcement and other law enforcement
156	164		organizations to improve law enforcement officer training related
157	165		to the investigation and documentation of cases involving sexual
158	166		assault and other sex offenses, with a focus on the interactions
159	167		between law enforcement officers and survivors;
160	168		(6) provide to law enforcement agencies, prosecutors,
161	169		and judges with jurisdiction over sexual assault or other sex
162	170		offense cases information and resources to maximize effective and
163	171		empathetic investigation, prosecution, and hearings, including
164	172		information and resources:
165	173		(A) regarding trauma-informed practices and the
166	174		dynamics and effects of sexual assault and other sex offenses on
167	175		child and adult survivors;
168	176		(B) intended to improve the understanding of and
169	177		the response to sexual assault or other sex offenses;
170	178		(C) regarding best practices in the
171	179		investigation and prosecution of sexual assault or other sex
172	180		offenses; and
173	181		(D) for judges regarding common issues in the
174	182		criminal trials of sexual assault and other sex offenses;
175	183		(7) biennially contract for a survey of the resources
176	184		provided to survivors by nonprofit organizations, health care
177	185		facilities, institutions of higher education, sexual assault
178	186		response teams, and other governmental entities in each region of
179	187		the state;
180	188		(8) make recommendations as necessary to improve the
181	189		collecting and reporting of data on the investigation and
182	190		prosecution of sexual assault and other sex offenses; and
183	191		(9) develop a statewide standard for best practices in
184	192		the funding and provision of services to survivors by nonprofit
185	193		organizations, health care facilities, institutions of higher
186	194		education, sexual assault response teams, and other governmental
187	195		entities.
188	196		(j) Not later than November 1 of each even-numbered year,
189	197		the task force shall analyze the data from the survey performed
190	198		under Subsection (i), prepare a report, or contract with a private
191	199		entity for the preparation of a report, and submit to the
192	200		legislature the report, which must include:
193	201		(1) a description of the resources provided to child
194	202		and adult survivors by nonprofit organizations, health care
195	203		facilities, institutions of higher education, sexual assault
196	204		response teams, and governmental entities in each region of the
197	205		state;
198	206		(2) a description of the differences between the
199	207		resources provided to both child and adult survivors and the
200	208		statewide standard, comparable by region and by year;
201	209		(3) recommendations on measures the state and each
202	210		region could take to better comply with the statewide standard;
203	211		(4) a description of potential sources and mechanisms
204	212		of funding available to implement the recommendations; and
205	213		(5) recommendations for accomplishing policy goals.
206	214		(k) To the extent possible, all recommendations, standards,
207	215		and resource information provided by the task force must be
208	216		evidence-based and consistent with standards of practice and care
209	217		in this state and throughout the country.
210	218		(l) The task force shall use any available federal or state
211	219		funding for the purposes of this section.
212	220		(m) This section expires September 1, 2023.
213	221		SECTION 4. Section 1701.253, Occupations Code, is amended
214	222		by adding Subsections (b-1) and (b-2) to read as follows:
215	223		(b-1) The commission shall consult with the Sexual Assault
216	224		Survivors' Task Force established under Section 772.0064,
217	225		Government Code, regarding minimum curriculum requirements for
218	226		training in the investigation and documentation of cases that
219	227		involve sexual assault or other sex offenses.
220	228		(b-2) This subsection and Subsection (b-1) expire September
221	229		1, 2023.
222	230		SECTION 5. The governor is required to implement a
223	231		provision of this Act only if the legislature appropriates money
224	232		specifically for that purpose. If the legislature does not
225	233		appropriate money specifically for that purpose, the governor may,
226	234		but is not required to, implement a provision of this Act using
227	235		other appropriations available for that purpose.
228	236		SECTION 6. As soon as practicable after the effective date
229	237		of this Act, the governor shall establish the Sexual Assault
230	238		Survivors' Task Force and the steering committee of that task force
231	239		shall appoint members as required by Section 772.0064, Government
232	240		Code, as added by this Act.
233	241		SECTION 7. This Act takes effect immediately if it receives
234	242		a vote of two-thirds of all the members elected to each house, as
235	243		provided by Section 39, Article III, Texas Constitution. If this
236	244		Act does not receive the vote necessary for immediate effect, this
237	245		Act takes effect September 1, 2019.
238		-	______________________________ ______________________________
239		-	President of the Senate Speaker of the House
240		-	I certify that H.B. No. 1590 was passed by the House on May 7,
241		-	2019, by the following vote: Yeas 146, Nays 0, 1 present, not
242		-	voting; and that the House concurred in Senate amendments to H.B.
243		-	No. 1590 on May 23, 2019, by the following vote: Yeas 140, Nays 0,
244		-	1 present, not voting.
245		-	______________________________
246		-	Chief Clerk of the House
247		-	I certify that H.B. No. 1590 was passed by the Senate, with
248		-	amendments, on May 19, 2019, by the following vote: Yeas 31, Nays
249		-	0.
250		-	______________________________
251		-	Secretary of the Senate
252		-	APPROVED: __________________
253		-	Date
254		-	__________________
255		-	Governor
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