Texas 2021 - 87th Regular

Texas House Bill HB4250 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Minjarez H.B. No. 4250
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the investigation and punishment of certain sexual
7	7	assaults, to protective orders issued on the basis of certain
8	8	sexual assaults, to crime victims' compensation, and to the
9	9	establishment of a state sexual assault prevention and response
10	10	program for the Texas Military Department.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 432, Government Code, is amended by
13	13	adding Subchapter J-1 to read as follows:
14	14	SUBCHAPTER J-1. SEXUAL ASSAULT
15	15	Sec. 432.171. DEFINITIONS. In this subchapter:
16	16	(1) "Coordinator" means the state sexual assault
17	17	response coordinator employed as provided by this subchapter.
18	18	(2) "Program" means the state sexual assault
19	19	prevention and response program established as provided by this
20	20	subchapter.
21	21	(3) "Department" means the Texas Military Department.
22	22	Sec. 432.172. SEXUAL ASSAULT. A person subject to this
23	23	chapter who commits an offense under Section 22.011 or 22.021,
24	24	Penal Code, is subject to investigation under this subchapter and
25	25	punishment under this chapter.
26	26	Sec. 432.173. STATE SEXUAL ASSAULT PREVENTION AND RESPONSE
27	27	PROGRAM; COORDINATOR. (a) To the extent state and federal funds
28	28	are available for this purpose, the department shall establish a
29	29	state sexual assault prevention and response program and employ or
30	30	designate a state sexual assault response coordinator to perform
31	31	victim advocacy services, including ensuring that victims of sexual
32	32	assault receive appropriate responsive care and understand the
33	33	available reporting options.
34	34	(b) The coordinator shall notify the person who is the
35	35	victim of sexual assault of their eligibility for the Crime
36	36	Victims' Compensation program.
37	37	(c) The program and coordinator are within the Texas
38	38	Military Department but shall exercise the authority granted under
39	39	this subchapter independently from the chain of command within the
40	40	department.
41	41	(d) The program must allow a victim of:
42	42	(1) an offense under Section 22.011 or 22.021, Penal
43	43	Code, to file a report with the coordinator alleging that a person
44	44	subject to this chapter committed the offense; and
45	45	(2) sexual harassment to:
46	46	(A) file a confidential complaint of sexual
47	47	harassment with the coordinator;
48	48	(B) participate in the United States Department
49	49	of Defense Catch a Serial Offender program;
50	50	(C) receive notice if the accused person is
51	51	subsequently accused of an offense under Section 22.011 or 22.021,
52	52	Penal Code, by a service member or any other person; and
53	53	(D) convert a confidential complaint to a formal
54	54	complaint at any time.
55	55	Sec. 432.174. INVESTIGATION. (a) Upon the filing of a
56	56	formal report and with the consent of the victim, the coordinator
57	57	shall refer the case or allegation to the Texas Rangers division of
58	58	the Department of Public Safety for investigation.
59	59	(b) The Texas Rangers division of the Department of Public
60	60	Safety shall designate an officer of the Texas Rangers to serve as
61	61	an investigator for cases and allegations referred to the division
62	62	under this subchapter. If the investigation demonstrates a
63	63	reasonable suspicion that an offense under Section 22.011 or
64	64	22.021, Penal Code, was committed by a person subject to this
65	65	chapter, the investigator shall refer the matter to a district
66	66	attorney or criminal district attorney with the appropriate
67	67	jurisdiction.
68	68	Sec. 432.175. PROTECTIVE ORDER. In accordance with Article
69	69	7B.001(a-1), Code of Criminal Procedure, the coordinator may file
70	70	an application with the consent of a person who is the victim for a
71	71	protective order under Subchapter A, Chapter 7B, Code of Criminal
72	72	Procedure, on behalf of a person who is the victim of an offense
73	73	under Section 22.011 or 22.021, Penal Code, that is alleged to have
74	74	been committed by a person subject to this chapter.
75	75	Sec. 432.176. REPORT TO LEGISLATURE; LEGISLATIVE
76	76	OVERSIGHT. (a) The adjutant general or coordinator shall annually
77	77	submit a report on the activities under the program and the
78	78	activities of the Texas Military Department relating to sexual
79	79	assault prevention and response to:
80	80	(1) the governor;
81	81	(2) the lieutenant governor;
82	82	(3) the speaker of the house of representatives; and
83	83	(4) the chairs of the standing committees of the
84	84	senate and house of representatives with primary jurisdiction over
85	85	the Texas Military Department.
86	86	(b) The report must include:
87	87	(1) for the preceding state fiscal year:
88	88	(A) the policies and procedures implemented by
89	89	the coordinator and adjutant general in response to incidents of
90	90	sexual assault;
91	91	(B) an assessment of the implementation and
92	92	effectiveness of the program and the policies and procedures on the
93	93	prevention and oversight of and response to sexual assaults within
94	94	the Texas Military Department, including an assessment of the
95	95	department's efforts to execute the priorities of the United States
96	96	Department of Defense Sexual Assault Prevention and Response Office
97	97	and the department's Sexual Harassment/Assault Response Program;
98	98	(C) an analysis of the number of sexual assaults
99	99	involving members of the state military forces; and
100	100	(D) deficiencies in the Texas Military
101	101	Department's sexual assault prevention training; and
102	102	(2) for the current state fiscal year, the Texas
103	103	Military Department's plans for preventing and responding to sexual
104	104	assault, including plans relating to:
105	105	(A) advocacy for sexual assault victims;
106	106	(B) health care provider and medical response;
107	107	(C) mental health and counseling response;
108	108	(D) investigative and legal services; and
109	109	(E) chaplain response.
110	110	(c) Information provided in the report required under
111	111	Subsection (b)(1)(C) for restricted cases is limited to aggregated
112	112	statistical data to protect victim privacy and for unrestricted
113	113	cases is limited to aggregated statistical data that at a minimum
114	114	includes:
115	115	(1) statistics relating to the types of offenses
116	116	investigated under this subchapter;
117	117	(2) statistics relating to victims and accused
118	118	persons;
119	119	(3) status of investigations under this subchapter;
120	120	(4) status of investigations under this subchapter and
121	121	prosecutions under this chapter; and
122	122	(5) status of administrative actions taken by the
123	123	Texas Military Department.
124	124	SECTION 2. Article 7B.001, Code of Criminal Procedure, is
125	125	amended by adding Subsection (a-1) to read as follows:
126	126	(a-1) In addition to the persons having standing to file the
127	127	application under Subsection (a), the state sexual assault response
128	128	coordinator described by Subchapter J-1, Chapter 432, Government
129	129	Code, may file an application with the consent of a person who is
130	130	the victim for a protective order under this subchapter on behalf of
131	131	a person who is the victim of an offense under Section 22.011 or
132	132	22.021, Penal Code, alleged to have been committed by a person
133	133	subject to Chapter 432, Government Code.
134	134	SECTION 3. Article 7B.003, Code of Criminal Procedure, is
135	135	amended by adding Subsection (c) to read as follows:
136	136	(c) For purposes of this article, a military protective
137	137	order issued to a person because the person was a reported victim of
138	138	an offense under Section 22.011 or 22.021, Penal Code, constitutes
139	139	reasonable grounds to believe that the applicant is the victim of
140	140	sexual assault.
141	141	SECTION 4. To the extent of any conflict, this Act prevails
142	142	over another Act of the 87th Legislature, Regular Session, 2021,
143	143	relating to nonsubstantive additions to and corrections in enacted
144	144	codes.
145	145	SECTION 5. This Act takes effect September 1, 2021.