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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting and prosecution of sexual assault, sexual |
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harassment, and sexual misconduct by a member of the state military |
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forces; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Texas Military |
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Justice and Protection Act. |
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SECTION 2. Subchapter J, Chapter 432, Government Code, is |
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amended by adding Section 432.1211 to read as follows: |
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Sec. 432.1211. REPORT OF SEXUAL ASSAULT OR SEXUAL |
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HARASSMENT. A person subject to this chapter may not be held for |
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trial by court-martial or punished under this chapter for an |
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offense based solely on the person's conduct of filing a report as a |
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victim of or witness to an incident of sexual assault, sexual |
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harassment, including online sexual harassment, or other sexual |
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misconduct unless the person knows the report is false or baseless. |
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SECTION 3. Subchapter J, Chapter 432, Government Code, is |
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amended by adding Section 432.168 to read as follows: |
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Sec. 432.168. RETALIATION AND SUPPRESSION. A person |
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subject to this chapter who violates Section 437.233 shall be |
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punished as a court-martial directs. |
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SECTION 4. Subchapter E, Chapter 437, Government Code, is |
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amended by adding Section 437.233 to read as follows: |
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Sec. 437.233. CERTAIN RETALIATION AND SUPPRESSION |
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PROHIBITED; OFFENSE. (a) A person may not take or threaten to take |
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an unfavorable personnel action or withhold or threaten to withhold |
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a favorable personnel action to: |
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(1) prevent a member of the state military forces from |
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communicating with the department, the office of the governor, the |
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office of the attorney general, a member of the legislature, or a |
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law enforcement agency regarding an allegation of sexual assault, |
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sexual harassment, including online sexual harassment, or other |
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sexual misconduct; or |
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(2) retaliate against a member of the state military |
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forces for reporting or planning to report an allegation of sexual |
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assault, sexual harassment, including online sexual harassment, or |
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other sexual misconduct. |
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(b) A person commits an offense if the person violates |
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Subsection (a). An offense under this subsection is a Class A |
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misdemeanor. |
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SECTION 5. Section 432.1211, Government Code, as added by |
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this Act, applies to an offense under Chapter 432, Government Code, |
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committed before, on, or after the effective date of this Act, |
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except that a final conviction for an offense under Chapter 432, |
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Government Code, that exists on the effective date of this Act is |
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unaffected by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |