Bill Text: TX HB3039 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the reporting and prosecution of sexual assault, sexual harassment, and sexual misconduct by a member of the state military forces; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-05-04 - Committee report sent to Calendars [HB3039 Detail]
Download: Texas-2017-HB3039-Comm_Sub.html
85R21372 MCK-D | |||
By: Blanco, Neave, Arévalo | H.B. No. 3039 | ||
Substitute the following for H.B. No. 3039: | |||
By: Gutierrez | C.S.H.B. No. 3039 |
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relating to the reporting and prosecution of sexual assault, sexual | ||
harassment, and sexual misconduct by a member of the state military | ||
forces; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Texas Military | ||
Justice and Protection Act. | ||
SECTION 2. Subchapter J, Chapter 432, Government Code, is | ||
amended by adding Section 432.1211 to read as follows: | ||
Sec. 432.1211. REPORT OF SEXUAL ASSAULT OR SEXUAL | ||
HARASSMENT. A person subject to this chapter may not be held for | ||
trial by court-martial or punished under this chapter for an | ||
offense based solely on the person's conduct of filing a report as a | ||
victim of or witness to an incident of sexual assault, sexual | ||
harassment, including online sexual harassment, or other sexual | ||
misconduct unless the person knows the report is false or baseless. | ||
SECTION 3. Subchapter J, Chapter 432, Government Code, is | ||
amended by adding Section 432.168 to read as follows: | ||
Sec. 432.168. RETALIATION AND SUPPRESSION. A person | ||
subject to this chapter who violates Section 437.233 shall be | ||
punished as a court-martial directs. | ||
SECTION 4. Subchapter E, Chapter 437, Government Code, is | ||
amended by adding Section 437.233 to read as follows: | ||
Sec. 437.233. CERTAIN RETALIATION AND SUPPRESSION | ||
PROHIBITED; OFFENSE. (a) A person may not take or threaten to take | ||
an unfavorable personnel action or withhold or threaten to withhold | ||
a favorable personnel action to: | ||
(1) prevent a member of the state military forces from | ||
communicating with the department, the office of the governor, the | ||
office of the attorney general, a member of the legislature, or a | ||
law enforcement agency regarding an allegation of sexual assault, | ||
sexual harassment, including online sexual harassment, or other | ||
sexual misconduct; or | ||
(2) retaliate against a member of the state military | ||
forces for reporting or planning to report an allegation of sexual | ||
assault, sexual harassment, including online sexual harassment, or | ||
other sexual misconduct. | ||
(b) A person commits an offense if the person violates | ||
Subsection (a). An offense under this subsection is a Class A | ||
misdemeanor. | ||
SECTION 5. Section 432.1211, Government Code, as added by | ||
this Act, applies to an offense under Chapter 432, Government Code, | ||
committed before, on, or after the effective date of this Act, | ||
except that a final conviction for an offense under Chapter 432, | ||
Government Code, that exists on the effective date of this Act is | ||
unaffected 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, 2017. |