H.B. No. 1944
 
 
 
 
AN ACT
  relating to the elimination of sexual assault against inmates
  confined in a facility operated by or under contract with the Texas
  Department of Criminal Justice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 57.02, Code of Criminal Procedure, is
  amended by adding Subsection (i) to read as follows:
         (i)  This article does not prohibit the inspector general of
  the Texas Department of Criminal Justice from disclosing a victim's
  identifying information to the department's ombudsperson if the
  victim is an inmate or state jail defendant confined in a facility
  operated by or under contract with the department.
         SECTION 2.  Article 57.03, Code of Criminal Procedure, is
  amended by adding Subsection (c-1) to read as follows:
         (c-1)  It is an exception to the application of this article
  that:
               (1)  the person who discloses the name, address, or
  telephone number of a victim is the inspector general of the Texas
  Department of Criminal Justice;
               (2)  the victim is an inmate or state jail defendant
  confined in a facility operated by or under contract with the
  department; and
               (3)  the person to whom the disclosure is made is the
  department's ombudsperson.
         SECTION 3.  Chapter 501, Government Code, is amended by
  adding Subchapter F to read as follows:
  SUBCHAPTER F.  ELIMINATION OF SEXUAL ASSAULT AGAINST INMATES
         Sec. 501.171.  DEFINITIONS. In this subchapter:
               (1)  "Correctional facility" means a facility operated
  by or under contract with the department.
               (2)  "Inmate" means an inmate or state jail defendant
  confined in a facility operated by or under contract with the
  department.
         Sec. 501.172.  APPOINTMENT OF OMBUDSPERSON. The board shall
  appoint an ombudsperson to coordinate the department's efforts to
  eliminate the occurrence of sexual assault in correctional
  facilities. The ombudsperson shall report to the board.
         Sec. 501.173.  POWERS AND DUTIES OF OMBUDSPERSON. (a) The
  ombudsperson shall:
               (1)  monitor department policies for the prevention of
  sexual assault in correctional facilities;
               (2)  oversee the administrative investigation of
  inmate complaints of sexual assault;
               (3)  ensure the impartial resolution of inmate
  complaints of sexual assault; and
               (4)  collect statistics regarding all allegations of
  sexual assault from each correctional facility in accordance with
  the standards established by the National Prison Rape Elimination
  Commission.
         (b)  The ombudsperson may collect evidence at correctional
  facilities and interview inmates or employees at correctional
  facilities in conducting an investigation of an inmate complaint of
  sexual assault under this section.
         (c)  The ombudsperson may not require an inmate who reports a
  sexual assault to assist in the investigation or prosecution of the
  offense.
         Sec. 501.174.  DEPARTMENT TO ADOPT POLICY. The department
  shall adopt a policy providing for:
               (1)  a designated administrator at each correctional
  facility to post information throughout the facility describing how
  an inmate may confidentially contact the ombudsperson regarding a
  sexual assault;
               (2)  an inmate to write a confidential letter to the
  ombudsperson regarding a sexual assault;
               (3)  employees at correctional facilities, on
  notification of the occurrence of a sexual assault, to immediately:
                     (A)  contact the ombudsperson and the office of
  the inspector general; and
                     (B)  ensure that the alleged victim is safe;
               (4)  the office of the inspector general, at the time
  the office is notified of the sexual assault, to arrange for a
  medical examination of the alleged victim to be conducted in
  accordance with Article 56.06, Code of Criminal Procedure, or, if
  an appropriate employee of the office of the inspector general is
  not available at the time the office is notified of the sexual
  assault, a qualified employee at the correctional facility to
  conduct a medical examination of the alleged victim in accordance
  with Article 56.06, Code of Criminal Procedure;
               (5)  a grievance proceeding under Section 501.008 based
  on an alleged sexual assault to be exempt from any deadline
  applicable to grievances initiated under that section; and
               (6)  each correctional facility to collect statistics
  on all alleged sexual assaults against inmates confined in the
  facility and to report the statistics to the ombudsperson.
         Sec. 501.175.  OMBUDSPERSON TO MAKE AVAILABLE TO PUBLIC
  CERTAIN INFORMATION. The ombudsperson shall make available to the
  public and appropriate state agencies:
               (1)  information regarding the powers and duties of the
  ombudsperson; and
               (2)  statistical information regarding the total
  number of allegations of sexual assault investigated by the
  department, the outcome of the investigations, and any disciplinary
  sanctions imposed as a result of the investigations.
         Sec. 501.176.  ANNUAL REPORT. (a) Not later than January 1
  of each year, the ombudsperson shall submit a written report
  regarding the activities of the ombudsperson during the preceding
  fiscal year to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives;
               (4)  the presiding officer of each house and senate
  committee having jurisdiction over the department;
               (5)  the board;
               (6)  the executive director;
               (7)  the state auditor; and
               (8)  the comptroller.
         (b)  The report must include public information regarding:
               (1)  each investigation and monitoring activity
  relating to sexual assault completed during the fiscal year by the
  ombudsperson and the inspector general; and
               (2)  statistics collected by the ombudsperson
  regarding allegations of sexual assault.
         (c)  The annual report must meet the financial reporting
  requirements of the General Appropriations Act.
         (d)  Upon review of the findings of the annual report
  submitted to the board, the board shall make recommendations on, or
  implement policy that has the goal of, lowering the rate and
  incidence of sexual assault against inmates at a correctional
  facility.  That policy will include methods to address a
  correctional facility where the rate and incidence of sexual
  assault against inmates has not shown improvement.
         Sec. 501.177.  STATE AUDITOR AUDITS, INVESTIGATIONS, AND
  ACCESS TO INFORMATION NOT IMPAIRED. This subchapter or other law
  related to the operation of the ombudsperson or the office of the
  inspector general does not prohibit the state auditor from
  conducting an audit, investigation, or other review or from having
  full and complete access to all records and other information,
  including witnesses and electronic data, that the state auditor
  considers necessary for the audit, investigation, or other review.
         Sec. 501.178.  AUTHORITY OF STATE AUDITOR TO CONDUCT TIMELY
  AUDITS NOT IMPAIRED. This subchapter or other law related to the
  operation of the ombudsperson or the office of the inspector
  general does not take precedence over the authority of the state
  auditor to conduct an audit under Chapter 321 or other law.
         SECTION 4.  Subsection (c-1), Article 57.03, Code of
  Criminal Procedure, as added by this Act, applies only to an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is governed by the
  law in effect when the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense was committed before that date.
         SECTION 5.  Not later than December 1, 2008, the Texas
  Department of Criminal Justice shall appoint an ombudsperson and
  adopt a policy as required by Subchapter F, Chapter 501, Government
  Code, as added by this Act.
         SECTION 6.  Not later than January 1, 2009, the ombudsperson
  of the Texas Department of Criminal Justice shall submit the first
  report required by Section 501.176, Government Code, as added by
  this Act.
         SECTION 7.  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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1944 was passed by the House on May 2,
  2007, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1944 on May 23, 2007, by the following vote:  Yeas 144, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1944 was passed by the Senate, with
  amendments, on May 21, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor