| 1 | 1 | | 86R7958 MEW-D |
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| 2 | 2 | | By: Watson S.B. No. 587 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the collection and reporting of information relating to |
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| 8 | 8 | | the investigation and prosecution of sexual assault offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.0491 to read as follows: |
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| 12 | 12 | | Sec. 411.0491. SEXUAL ASSAULT REPORTING. (a) The |
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| 13 | 13 | | department shall compile and maintain statistical information |
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| 14 | 14 | | relating to the commission of an offense under Section 22.011 or |
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| 15 | 15 | | 22.021, Penal Code, including information regarding: |
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| 16 | 16 | | (1) whether a forensic medical examination was |
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| 17 | 17 | | performed as described by Article 56.06 or 56.065, Code of Criminal |
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| 18 | 18 | | Procedure, and if so, whether: |
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| 19 | 19 | | (A) biological evidence, as defined by Article |
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| 20 | 20 | | 38.43, Code of Criminal Procedure, was collected and analyzed in |
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| 21 | 21 | | accordance with Subchapters B and B-1, Chapter 420; and |
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| 22 | 22 | | (B) a DNA profile obtained from the biological |
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| 23 | 23 | | evidence was compared to DNA profiles in state databases or the |
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| 24 | 24 | | CODIS database under Section 420.043; |
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| 25 | 25 | | (2) any arrests made in relation to the offense; |
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| 26 | 26 | | (3) the results of any prosecution of the offense, or, |
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| 27 | 27 | | if the offense was not prosecuted, the reasons for not prosecuting |
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| 28 | 28 | | the offense; and |
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| 29 | 29 | | (4) the classification assigned to the case by the law |
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| 30 | 30 | | enforcement agency at the time the case was closed, and, if the case |
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| 31 | 31 | | was classified as cleared by exceptional means, the specific |
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| 32 | 32 | | circumstance outside the control of the law enforcement agency that |
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| 33 | 33 | | prevented the arrest, charging, or prosecution of the offender. |
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| 34 | 34 | | (b) The department by rule shall identify the governmental |
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| 35 | 35 | | entities that possess information required by Subsection (a). A |
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| 36 | 36 | | governmental entity identified by the department under this |
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| 37 | 37 | | subsection shall report the information to the department in the |
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| 38 | 38 | | manner prescribed by the department. |
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| 39 | 39 | | (c) The department shall identify governmental entities |
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| 40 | 40 | | required to report under Subsection (b) that fail to timely report |
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| 41 | 41 | | or that report incomplete information to the department. |
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| 42 | 42 | | (d) Not later than February 15 of each year, the department |
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| 43 | 43 | | shall submit to the legislature and post on the department's |
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| 44 | 44 | | Internet website a report of the statistical information described |
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| 45 | 45 | | in Subsection (a) that was compiled for the preceding calendar |
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| 46 | 46 | | year. The report must include a list of the governmental entities |
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| 47 | 47 | | identified by the department under Subsection (c). |
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| 48 | 48 | | (e) The department may adopt rules as necessary to implement |
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| 49 | 49 | | this section. |
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| 50 | 50 | | SECTION 2. Notwithstanding Section 411.0491(d), Government |
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| 51 | 51 | | Code, as added by this Act, the Department of Public Safety is not |
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| 52 | 52 | | required to submit the initial report required by that section |
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| 53 | 53 | | covering the 2020 calendar year before February 15, 2021. |
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| 54 | 54 | | SECTION 3. 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, 2019. |
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