Bill Text: TX HB1590 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to statewide policies and practices, personnel training, evidence collection and preservation, and data collection and analysis regarding the prevention, investigation, and prosecution of sexual assault and other sex offenses.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-04 - Effective immediately [HB1590 Detail]

Download: Texas-2019-HB1590-Introduced.html

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86R9757 TSS-D
By: Howard H.B. No. 1590

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Office for Sexual Assault
Survivor Assistance within the criminal justice division of the
governor's office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 420.011(a), Government Code, is amended
to read as follows:
(a) The attorney general, with the advice of the Office for
Sexual Assault Survivor Assistance established under Section
772.0064, may adopt rules necessary to implement this chapter. A
proposed rule must be provided to grant recipients at least 60 days
before the date of adoption.
SECTION 2. Section 420.031(c), Government Code, is amended
to read as follows:
(c) In developing the evidence collection kit and protocol,
the attorney general shall consult with the Office for Sexual
Assault Survivor Assistance established under Section 772.0064
[individuals and organizations having knowledge and experience in
the issues of sexual assault and other sex offenses].
SECTION 3. Subchapter A, Chapter 772, Government Code, is
amended by adding Section 772.0064 to read as follows:
Sec. 772.0064. OFFICE FOR SEXUAL ASSAULT SURVIVOR
ASSISTANCE. (a) In this section:
(1) "Office" means the Office for Sexual Assault
Survivor Assistance.
(2) "Sexual assault," "sexual assault nurse
examiner," and "survivor" have the meanings assigned by Section
420.003.
(b) The governor shall establish the Office for Sexual
Assault Survivor Assistance within the criminal justice division
established under Section 772.006.
(c) The governor shall appoint a director for the office to
serve at the pleasure of the governor.
(d) The director may hire staff as necessary to carry out
the duties of the office within the guidelines established by the
governor.
(e) The office shall:
(1) facilitate communication and cooperation between
state agencies that have duties relating to sexual assault
prevention, investigation, or prosecution or services provided to
survivors in order to coordinate state resources available for
assisting survivors;
(2) collect, analyze, and make publicly available
information, organized by council of governments region, regarding
the prevention, investigation, and prosecution of sexual assault
and services provided to survivors, including a list of SAFE-ready
facilities designated under Section 323.0015, Health and Safety
Code;
(3) periodically make and update recommendations to
the attorney general for rules governing the collection and
preservation of evidence in cases of sexual assault or other sex
offenses, including recommendations regarding:
(A) evidence collection kits for use in the
collection and preservation of evidence of a sexual assault or
other sex offense;
(B) protocols for the collection and
preservation of evidence of a sexual assault or other sex offense;
(C) the curriculum for sexual assault evidence
collection and preservation training programs; and
(D) the requirements for certification of sexual
assault nurse examiners;
(4) advise and provide resources to the Texas
Commission on Law Enforcement to improve law enforcement officer
training related to the investigation and documentation of cases
involving sexual assault, with a focus on the interactions between
law enforcement officers and survivors;
(5) biennially contract for a survey of the resources
provided to survivors by nonprofit organizations, health care
facilities, institutions of higher education, and governmental
entities in each region of the state; and
(6) develop a statewide standard for best practices in
the provision of resources to survivors by nonprofit organizations,
health care facilities, institutions of higher education, and
governmental entities in consultation with individuals and
organizations having knowledge and experience in issues of sexual
assault or other sex offenses, including one or more:
(A) law enforcement agencies with jurisdiction
over the investigation of sexual assault or other sex offenses;
(B) prosecutors responsible for prosecuting
sexual assault or other sex offenses;
(C) representatives of each state agency that has
duties relating to sexual assault prevention, investigation, or
prosecution or provides services to survivors, including the office
of the attorney general;
(D) representatives from regional councils of
government or the Texas Association of Regional Councils;
(E) representatives of the Texas Forensic
Science Commission;
(F) nonprofit organizations that receive funds
under the Victims of Crime Act of 1984 (Title II, Pub. L. No.
98-473) for the purposes of providing services to survivors;
(G) health care facilities that perform forensic
examinations on survivors;
(H) certified sexual assault nurse examiners;
(I) providers of sexual assault nurse examiner
training programs certified by the attorney general;
(J) representatives from Texas Court Appointed
Special Advocates; and
(K) representatives designated by a nonprofit
organization that provides services to survivors to represent the
interests of survivors of sexual assault or other sex offenses.
(f) Not later than November 1 of each even-numbered year,
the office shall analyze the data from the survey performed under
Subsection (e) and prepare and submit to the legislature a report
that includes:
(1) a description of the resources provided to
survivors by nonprofit organizations, health care facilities,
institutions of higher education, and governmental entities in each
region of the state;
(2) a description of the differences between the
resources provided to survivors and the statewide standard,
comparable by region and by year;
(3) recommendations on measures each region could take
to better comply with the statewide standard; and
(4) a description of potential sources and mechanisms
of funding available to implement the recommendations.
(g) To the extent possible, all recommendation, standard,
and resource information provided by the office shall be
evidence-based and consistent with standards of practice and care
in this state and throughout the country.
(h) To the extent permitted by federal law, the criminal
justice division shall use funding received under the Victims of
Crime Act of 1984 (Title II, Pub. L. No. 98-473) for purposes of
this section.
SECTION 4. Section 1701.253, Occupations Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) The commission shall consult with the Office for
Sexual Assault Survivor Assistance established under Section
772.0064, Government Code, regarding minimum curriculum
requirements for training in the investigation and documentation of
cases that involve sexual assault or other sex offenses.
SECTION 5. As soon as practicable after the effective date
of this Act, the governor shall establish the Office for Sexual
Assault Survivor Assistance and appoint a director of the office as
required by Section 772.0064, Government Code, as added by this
Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.