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