By: Blanco, et al. S.B. No. 623     (Minjarez)           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.