Texas Legislature is addressing Sexual Assault and Human Trafficking

By Faith Chatham - March 31, 2018

Of all the bills I have read this year, the bill I most want to see passed is SB SB 2384 by Sen Kirk Watson and Donna Howard's companion HB 1590.

This legislation strengthens the framework of Office of Sexual Assault Survivors Assistance (under the Governor's Office of Criminal Justice). It stipulates that the Governor appoint a Director and the Director be allowed to hire staff.

Changes in the language of this bill clarifies the duties and responsibilities of the office in addressing the mission of preventing sexual assault, prosecuting and providing services to survivors through communication and coordination with all agencies dealing with sexual assault or survivors. This bill links law enforcement, social work, medical examiners, training, SAFE sites, prosecution and survivors resources together. It is intended to minimize some of the silos and dark holes which frustrate law enforcement, social workers, prosecutors, and survivors.

There are over 200 bills this session in both houses addressing sexual assault, rape, trafficking and harassment. This bill provides clarification of an agency which should be functioning as a clearing house for information and resources which could reduce the number of victims by improving services to survivors and prosecutors.

These bills are all part of a mosaic. I see them each as one of the tiles making up the whole with  Senate Bill 2384 which improves the Office of Sexual Assault Survivors Services as the framework and foundation for the entire mission of reducing the number of victims and serving those who are survivors.

Instead of the Attorney General getting to select any "individual with knowledge of sexual assault" to establish the protocols for collecting and processing sexual assault evidence kits, it stipulates that the Attorney General consult with the Office of Sexual Assault Survivors Services.

This office is charged with collecting compiling and reporting data on sexual assault and survivors resources by council of government districts.

There are other important bills which address part of the mission such as:

HB 152 (Minjarez) which addresses the collection storage and analysis of rape kit evidence and

HB 467 (Miller) Retention of records of sexual assault by hospital and

HB 3106 (Goldman) requires law enforcement to enter sexual assault data into the Texas Data Exchange System

HB 2339 (Meza) Relating to the entry into the Texas Crime Information Center of information concerning the release on bond of persons charged with committing a violent offense

Rep. Neave's HB 401 Creation of Texas Sexual Assault Evidentiary Council is a good idea. It could be part of the Office of Sexual Assault Survivors Services.

Several bills address correct data.

HB 2678 (Zwiener) Compilation and reports of statistics involving sexual assault victims who receive a forensic medical examination before reporting the assault to law enforcement.

HB 3106 (Goldman) requires law enforcement to enter sexual assault data into the Texas Data Exchange System.

In the Senate the major data collection/reporting bill is SB 587 (Watson) Relating to the collection and reporting of information relating to the investigation and prosecution of sexual assault offenses.

ll of these initiatives rely on funding. Senator Jane Nelsons SB 1 and the House HB 1 both provide increased funding for increases funding for Rape Crisis Centers, and $50 M to double Crime Lab to test rape kits, and more funding for forensic nurse examiners.

To read the text of these bills or to see where in the pipeline the bill is currently go to: https://capitol.texas.gov/BillLookup/BillNumber.aspx

Note: This article only skims through the bills. There are other important bills which define sexual assault, decriminalize homosexual behavior, or address human trafficking or rape on college campuses or molestation of public school children. Passage of some of the bills will improve training in childhood trauma and sexual assault for teachers, school personnel and law enforcement. Other bills improve training for law enforcement and nurse examiners. Much of this work was begun in prior legislative session and continued during the months while the Legislature was not in session. Collectively, it is evident that members of the Texas House and Senate on both sides of the aisle are evaluating the problems and the process and seeking solutions to improve the process. They are mission oriented in seeking to reduce the number of victims (survivors) through services which improve law enforcement/prosecution of perpetrators and services which assist the survivors.