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