By: Minjarez H.B. No. 4250
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and punishment of certain sexual
assaults, to protective orders issued on the basis of certain
sexual assaults, to crime victims' compensation, and to the
establishment of a state sexual assault prevention and response
program for the Texas Military Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 432, Government Code, is amended by
adding Subchapter J-1 to read as follows:
SUBCHAPTER J-1. SEXUAL ASSAULT
Sec. 432.171. DEFINITIONS. In this subchapter:
(1) "Coordinator" means the state sexual assault
response coordinator employed as provided by this subchapter.
(2) "Program" means the state sexual assault
prevention and response program established as provided by this
subchapter.
(3) "Department" means the Texas Military Department.
Sec. 432.172. SEXUAL ASSAULT. A person subject to this
chapter who commits an offense under Section 22.011 or 22.021,
Penal Code, is subject to investigation under this subchapter and
punishment under this chapter.
Sec. 432.173. STATE SEXUAL ASSAULT PREVENTION AND RESPONSE
PROGRAM; COORDINATOR. (a) To the extent state and federal funds
are available for this purpose, the department shall establish a
state sexual assault prevention and response program and employ or
designate a state sexual assault response coordinator to perform
victim advocacy services, including ensuring that victims of sexual
assault receive appropriate responsive care and understand the
available reporting options.
(b) The coordinator shall notify the person who is the
victim of sexual assault of their eligibility for the Crime
Victims' Compensation program.
(c) The program and coordinator are within the Texas
Military Department but shall exercise the authority granted under
this subchapter independently from the chain of command within the
department.
(d) The program must allow a victim of:
(1) an offense under Section 22.011 or 22.021, Penal
Code, to file a report with the coordinator alleging that a person
subject to this chapter committed the offense; and
(2) sexual harassment to:
(A) file a confidential complaint of sexual
harassment with the coordinator;
(B) participate in the United States Department
of Defense Catch a Serial Offender program;
(C) receive notice if the accused person is
subsequently accused of an offense under Section 22.011 or 22.021,
Penal Code, by a service member or any other person; and
(D) convert a confidential complaint to a formal
complaint at any time.
Sec. 432.174. INVESTIGATION. (a) Upon the filing of a
formal report and with the consent of the victim, the coordinator
shall refer the case or allegation to the Texas Rangers division of
the Department of Public Safety for investigation.
(b) The Texas Rangers division of the Department of Public
Safety shall designate an officer of the Texas Rangers to serve as
an investigator for cases and allegations referred to the division
under this subchapter. If the investigation demonstrates a
reasonable suspicion that an offense under Section 22.011 or
22.021, Penal Code, was committed by a person subject to this
chapter, the investigator shall refer the matter to a district
attorney or criminal district attorney with the appropriate
jurisdiction.
Sec. 432.175. PROTECTIVE ORDER. In accordance with Article
7B.001(a-1), Code of Criminal Procedure, the coordinator may file
an application with the consent of a person who is the victim for a
protective order under Subchapter A, Chapter 7B, Code of Criminal
Procedure, on behalf of a person who is the victim of an offense
under Section 22.011 or 22.021, Penal Code, that is alleged to have
been committed by a person subject to this chapter.
Sec. 432.176. REPORT TO LEGISLATURE; LEGISLATIVE
OVERSIGHT. (a) The adjutant general or coordinator shall annually
submit a report on the activities under the program and the
activities of the Texas Military Department relating to sexual
assault prevention and response to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives; and
(4) the chairs of the standing committees of the
senate and house of representatives with primary jurisdiction over
the Texas Military Department.
(b) The report must include:
(1) for the preceding state fiscal year:
(A) the policies and procedures implemented by
the coordinator and adjutant general in response to incidents of
sexual assault;
(B) an assessment of the implementation and
effectiveness of the program and the policies and procedures on the
prevention and oversight of and response to sexual assaults within
the Texas Military Department, including an assessment of the
department's efforts to execute the priorities of the United States
Department of Defense Sexual Assault Prevention and Response Office
and the department's Sexual Harassment/Assault Response Program;
(C) an analysis of the number of sexual assaults
involving members of the state military forces; and
(D) deficiencies in the Texas Military
Department's sexual assault prevention training; and
(2) for the current state fiscal year, the Texas
Military Department's plans for preventing and responding to sexual
assault, including plans relating to:
(A) advocacy for sexual assault victims;
(B) health care provider and medical response;
(C) mental health and counseling response;
(D) investigative and legal services; and
(E) chaplain response.
(c) Information provided in the report required under
Subsection (b)(1)(C) for restricted cases is limited to aggregated
statistical data to protect victim privacy and for unrestricted
cases is limited to aggregated statistical data that at a minimum
includes:
(1) statistics relating to the types of offenses
investigated under this subchapter;
(2) statistics relating to victims and accused
persons;
(3) status of investigations under this subchapter;
(4) status of investigations under this subchapter and
prosecutions under this chapter; and
(5) status of administrative actions taken by the
Texas Military Department.
SECTION 2. Article 7B.001, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) In addition to the persons having standing to file the
application under Subsection (a), the state sexual assault response
coordinator described by Subchapter J-1, Chapter 432, Government
Code, may file an application with the consent of a person who is
the victim for a protective order under this subchapter on behalf of
a person who is the victim of an offense under Section 22.011 or
22.021, Penal Code, alleged to have been committed by a person
subject to Chapter 432, Government Code.
SECTION 3. Article 7B.003, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) For purposes of this article, a military protective
order issued to a person because the person was a reported victim of
an offense under Section 22.011 or 22.021, Penal Code, constitutes
reasonable grounds to believe that the applicant is the victim of
sexual assault.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. This Act takes effect September 1, 2021.