Bill Text: TX SB623 | 2021-2022 | 87th Legislature | Enrolled

Texas Senate Bill 623 (Prior Session Legislation)

Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB623 Detail]

Download: Texas-2021-SB623-Enrolled.html



	S.B. No. 623




	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. This Act may be cited as the Vanessa Guillén Act.
	SECTION 2. 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 3. 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 4. 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 5. 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 6. 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 7. This Act takes effect September 1, 2021.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 623 passed the Senate on
	April 12, 2021, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 28, 2021, by the
	following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 623 passed the House, with
	amendment, on May 24, 2021, by the following vote: Yeas 146,
	Nays 0, one present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor