By: Blanco S.B. No. 623
(In the Senate - Filed February 8, 2021; March 11, 2021,
read first time and referred to Committee on Veteran Affairs &
Border Security; April 7, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 7, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 623 By: Blanco
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and punishment of certain sexual
offenses, to protective orders issued on the basis of certain
sexual offenses, to crime victims' compensation, and to the
establishment of a state sexual offense 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 OFFENSE PREVENTION AND RESPONSE
Sec. 432.171. DEFINITIONS. In this subchapter:
(1) "Coordinator" means the state sexual offense
response coordinator employed as provided by this subchapter.
(2) "Department" means the Texas Military Department.
(3) "Program" means the state sexual offense
prevention and response program established as provided by this
subchapter.
(4) "Restricted report" means a reporting option that
allows a person who is a victim of an offense to confidentially
disclose the offense to the coordinator and obtain medical
treatment, including emergency care and counseling, without
initiating an investigation. The report may not be referred to law
enforcement officers or to command officials of the Texas military
forces to initiate an official investigation unless the person who
reported the offense consents.
(5) "Texas military forces" means the Texas Army
National Guard, the Texas Air National Guard, and the Texas State
Guard.
(6) "Unrestricted report" means a reporting option
that allows a person who is a victim of an offense to report the
offense to the coordinator if the person does not request
confidentiality in reporting the offense or request a restricted
report.
Sec. 432.172. SEXUAL ASSAULT AND INDECENT ASSAULT. A
person subject to this chapter who commits an offense under Section
22.011, 22.012, or 22.021, Penal Code, is subject to investigation
under this subchapter and punishment under this chapter.
Sec. 432.173. STATE SEXUAL OFFENSE PREVENTION AND RESPONSE
PROGRAM; COORDINATOR. (a) To the extent state funds are available
for this purpose, the department shall establish a state sexual
offense prevention and response program and employ or designate a
state sexual offense response coordinator to perform victim
advocacy services, including ensuring that persons who are victims
of sexual assault or indecent assault receive appropriate
responsive care and understand the options available for reporting
the assault.
(b) The coordinator shall accept reports for alleged
offenses under Sections 22.011, 22.012, and 22.021, Penal Code,
made by a person who is a member of the Texas military forces
against an accused person who is a member of the Texas military
forces.
(c) The coordinator shall notify each person who is a victim
of a sexual assault reported under Subsection (b) of their
eligibility for crime victims' compensation under Chapter 56B, Code
of Criminal Procedure.
(d) The program and coordinator are within the department
but shall exercise the authority granted under this subchapter
independently from the chain of command within the department.
(e) The coordinator must allow a member of the Texas
military forces who is the victim of an alleged offense under
Section 22.011, 22.012, or 22.021, Penal Code, to:
(1) file with the coordinator a restricted or
unrestricted report or file a restricted report and later convert
that report to an unrestricted report;
(2) participate in the United States Department of
Defense Catch a Serial Offender program; and
(3) receive notice when the coordinator is made aware
that the accused person has been subsequently accused of an offense
under Section 22.011, 22.012, or 22.021, Penal Code, by a service
member or any other person.
Sec. 432.174. INVESTIGATION. (a) On the filing of an
unrestricted report alleging an offense under Section 22.011 or
22.021, Penal Code, the coordinator:
(1) shall refer the unrestricted report to the Texas
Rangers division of the Department of Public Safety for
investigation; and
(2) may refer the unrestricted report to the
appropriate local law enforcement agency for the initial collection
of evidence.
(b) A local law enforcement agency that initially collects
evidence for an unrestricted report under Subsection (a) shall
transfer all relevant evidence and information to the Texas Rangers
division of the Department of Public Safety on request of the
division.
(c) On the filing of an unrestricted report alleging an
offense under Section 22.012, Penal Code, the coordinator shall
refer the unrestricted report to the appropriate local law
enforcement agency for investigation.
(d) The Texas Rangers division of the Department of Public
Safety shall assign an officer of the Texas Rangers to investigate
reports referred to the division under this section. If the
investigation demonstrates probable cause 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
the appropriate local district attorney, criminal district
attorney, or county attorney with criminal jurisdiction.
Sec. 432.175. PROTECTIVE ORDER. In accordance with Article
7B.001(a-1), Code of Criminal Procedure, and with the consent of
the person who is the victim of an offense under Section 22.011,
22.012, or 22.021, Penal Code, alleged to have been committed by a
person subject to this chapter, the coordinator may file an
application for a protective order under Subchapter A, Chapter 7B,
Code of Criminal Procedure, on behalf of the victim.
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 department relating to sexual offense 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 department.
(b) Using state data collected by the coordinator, the
report must include for the preceding state fiscal year:
(1) the policies and procedures implemented by the
coordinator and adjutant general in response to incidents of sexual
assault and indecent assault;
(2) an assessment of the implementation and
effectiveness of the program and the policies and procedures on the
prevention and oversight of and the state's response to reports of
sexual assault and indecent assault within the department;
(3) an analysis of the number of incidents of sexual
assault and indecent assault involving members of the Texas
military forces; and
(4) deficiencies in the department's training of the
coordinator.
(c) Information provided in the report required under
Subsection (b)(3) 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) the status of investigations under this subchapter
and prosecutions under this chapter; and
(4) the status of administrative actions taken by the
department against members of the Texas military forces who are on
state active duty.
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 offense response
coordinator described by Subchapter J-1, Chapter 432, Government
Code, with the consent of a person who is the victim of an offense
under Section 22.011, 22.012, or 22.021, Penal Code, alleged to
have been committed by a person subject to Chapter 432, Government
Code, may file an application for a protective order under this
subchapter on behalf of the victim.
SECTION 3. Article 7B.002, Code of Criminal Procedure, is
amended to conform to Chapter 955 (S.B. 194), Acts of the 86th
Legislature, Regular Session, 2019, and further amended to read as
follows:
Art. 7B.002. TEMPORARY EX PARTE ORDER. (a) If the court
finds from the information contained in an application for a
protective order that there is a clear and present danger of sexual
assault or abuse, indecent assault, stalking, trafficking, or other
harm to the applicant, the court, without further notice to the
alleged offender and without a hearing, may issue a temporary ex
parte order for the protection of the applicant or any other member
of the applicant's family or household.
(b) 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, 22.012, or 22.021, Penal Code,
constitutes sufficient information for a court to find there is a
clear and present danger of sexual assault or abuse or other harm to
the applicant.
SECTION 4. The Texas Military Department is required to
implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the Texas Military Department may, but is not required to,
implement a provision of this Act using other appropriations
available for that purpose.
SECTION 5. 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 6. This Act takes effect September 1, 2021.
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