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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and reporting of information relating to |
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the investigation and prosecution of sexual assault offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.0491 to read as follows: |
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Sec. 411.0491. SEXUAL ASSAULT REPORTING. (a) The |
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department shall compile and maintain statistical information |
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relating to the commission of an offense under Section 22.011 or |
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22.021, Penal Code, including information regarding: |
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(1) whether a forensic medical examination was |
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performed as described by Article 56.06 or 56.065, Code of Criminal |
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Procedure, and if so, whether: |
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(A) biological evidence, as defined by Article |
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38.43, Code of Criminal Procedure, was collected and analyzed in |
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accordance with Subchapters B and B-1, Chapter 420; and |
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(B) a DNA profile obtained from the biological |
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evidence was compared to DNA profiles in state databases or the |
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CODIS database under Section 420.043; |
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(2) any arrests made in relation to the offense; |
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(3) the results of any prosecution of the offense, or, |
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if the offense was not prosecuted, the reasons for not prosecuting |
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the offense; and |
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(4) the classification assigned to the case by the law |
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enforcement agency at the time the case was closed, and, if the case |
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was classified as cleared by exceptional means, the specific |
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circumstance outside the control of the law enforcement agency that |
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prevented the arrest, charging, or prosecution of the offender. |
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(b) The department by rule shall identify the governmental |
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entities that possess information required by Subsection (a). A |
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governmental entity identified by the department under this |
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subsection shall report the information to the department in the |
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manner prescribed by the department. |
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(c) The department shall identify governmental entities |
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required to report under Subsection (b) that fail to timely report |
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or that report incomplete information to the department. |
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(d) Not later than February 15 of each year, the department |
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shall submit to the legislature and post on the department's |
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Internet website a report of the statistical information described |
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in Subsection (a) that was compiled for the preceding calendar |
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year. The report must include a list of the governmental entities |
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identified by the department under Subsection (c). |
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(e) The department may adopt rules as necessary to implement |
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this section. |
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SECTION 2. Notwithstanding Section 411.0491(d), Government |
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Code, as added by this Act, the Department of Public Safety is not |
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required to submit the initial report required by that section |
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covering the 2020 calendar year before February 15, 2021. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |