AUSTIN – Governor Greg Abbott today announced out a set of policy proposals aimed at combatting sex and human trafficking, strengthening reporting protocols for sexual misconduct and harassment in the workplace, closing gaps in the law to crack down on traffickers and working to end the backlog of sexual assault evidence kits.
The Governor held a press conference at the Children’s Assessment Center in Houston to announce the proposals, and he was joined by families who have been affected by these heinous crimes.
Governor Abbott’s plan would:
- Allow allegations of sexual assault and other sexual offenses by legislators, statewide elected executive and judicial officials, agency officials and capitol complex employees to be reported to the Public Integrity Unit of the Texas Rangers for criminal investigation under Texas Government Code 411.0253.
- Provide $14 million in funding to eliminate the backlog of sexual assault evidence kits[MH1] . The Criminal Justice Division of the Office of the Governor will kick start this effort with a $1 million grant to the Texas Department of Public Safety to allow for the testing of sexual assault kits by the University of North Texas Forensic Services Unit.
- Enhance penalties for human traffickers and provide the Department of Public Safety with $22 million in funding to create regional Criminal Investigation Division (CID) Human Trafficking squads.
- Further crack-down on inappropriate student-teacher relationships by creating a “Do Not Hire” registry.
“Whether it’s combatting human trafficking or protecting sexual assault survivors, we have a duty to keep Texas safe and do everything we can to prevent these terrible crimes from being inflicted on any Texan,” said Governor Abbott. “You have my commitment that I will continue to work to heal victims, to help prevent these despicable crimes and to punish the criminals who commit them. Together, we will work to build a stronger, more secure future for our great state.”
To read Governor Abbott’s full plan, click here.
Governor Abbott’s “Preventing, Protecting, Punishing” Overview:
Sexual Assault and Harassment
Public officials have an obligation to take allegations against them with extreme seriousness. Doing so means providing a responsible and just process by which claims can be reviewed. No administrative arm of government has the relevant training and expertise to investigate sexual assault claims.
Allegations of sexual offenses should be reported to law enforcement for investigation. The Texas Rangers currently handle the investigation of offenses against public administration by state elected officials. Texas should similarly allow allegations of sexual assault and other sexual offenses by legislators, statewide elected executive and judicial officials, agency officials and capitol complex employees to be reported to the Public Integrity Unit of the Texas Rangers for criminal investigation under Texas Government Code 411.0253.
Sex and Human Trafficking
The penalties in Texas for promoting prostitution are too light to provide adequate justice for the human trafficking victims. A KHOU-TV investigative report of records from June 2014-December 2016 concluded that “two-thirds of those criminals charged with sex-trafficking crimes got probation instead of jail or prison time” in Harris County.
Several proposals would strongly discourage those in the illicit sex trade from taking advantage of innocents, and to bring justice those who do. The proposals are:
- Enhancing criminal penalties for the promoting or compelling prostitution by requiring jail time, requiring sex offender registration, and establishing that the involuntary consumption of intoxicants may be a form of duress.
- Allowing individuals convicted of prostitution to clear their records if the underlying crime was something they were forced to engage in.
- Increasing the penalty for kidnapping a child from a third-degree felony to a first-degree felony to match the seriousness of the crime.
- Increasing the penalty for sexual performance by a child from a second-degree felony to a first-degree felony; and increase the penalty for possession or promotion of child pornography from a third-degree felony to a second-degree felony, or a first-degree felony for repeat offenses.
- Establishing a criminal offense for sex offenders being in the same passenger car as a minor who is not a family member.
- Raising the minimum age to be employed at a sexually oriented business from 18 to 21.
- Prohibiting minors from entering the premises of sexually oriented businesses and add allowing a minor on the premises of a sexually oriented business to the list of common nuisances under Sec. 125.0015 of the Civil Practice and Remedies Code.
- Providing the Department of Public Safety with $22 million in funding to create regional Criminal Investigation Division (CID) Human Trafficking squads, and enhance the Interdiction for the Protection of Children program to train additional Texas law enforcement officers to combat human trafficking.
- Requiring all state employees to view sex and human trafficking prevention material as provided by the Office of the Attorney General.
Eliminate the Backlog of Sexual Assault Evidence Kits
One of the most critical rights afforded to the victims of reported sexual assault is the right to a forensic medical examination within 96 hours from the time of the crime. Governor Abbott’s plan calls for an additional $14 million in funding over the next biennium to clear the backlog of sexual assault evidence kits. Additionally, it is vital that a stable funding source is guaranteed to prevent future backlogs. The Criminal Justice Division of the Office of the Governor will kick start this effort with a $1 million grant to DPS to allow for the testing of sexual assault kits by the University of North Texas Forensic Services Unit.
GPS Monitoring for Offenders Posing an Immediate Danger
Strong containment methods are measures designed to ensure victim safety by keeping dangerous actors away from their targets. Victims of domestic violence may face the greatest threat of homicide when leaving or engaging in legal separation from their batterer. In counties with strong pretrial services programs, magistrates should be encouraged to require GPS monitoring as a condition for release for high-risk perpetrators of family or domestic violence. Although the ultimate decision whether to impose GPS monitoring should be left to the discretion of individual magistrates on a case by case basis, GPS monitoring should be imposed in cases where a protective order has been issued disallowing offenders from contacting the victim or entering the victim’s physical proximity. Governor Abbott’s plan calls for a grant program to be established in the Criminal Justice Division (CJD) of the Office of the Governor to reimburse counties via grant for all or part of the costs in employing GPS monitoring for cases involving high-risk domestic violence offenders, sex offenders, and those connected to human trafficking.
Predatory Educator-Student Relationships
When school districts fail to discipline educators exhibiting predatory behavior or to disclose such behavior to the Texas Education Agency (TEA), it allows these individuals to continue hurting children at other school districts. Governor Abbott is calling for Texas to create a “do-not-hire” registry for school employees who have been convicted of or placed on deferred adjudication for improper relationships with students. A person listed on the registry would be prohibited from employment as a teacher, librarian, educational aide, administrator, counselor, school nurse/medical aide or any other position with direct, unsupervised contact with students. This recommendation would require that the registry be housed within the State Board for Educator Certification (SBEC). Private schools, charter school, and districts of innovation would be required to check the registry before making any final hiring decisions. Additionally, the Legislature should adopt the following proposals to protect Texas students:
- Authorize SBEC to temporarily suspend the teaching certificate for a certificated individual if the individual is criminally charged with a sexual or violent offense which, if substantiated, would indicate that the individual presents a continuing threat to the safety and welfare of students, educators, or school personnel.
- Create a secure online portal for school superintendents, principals, and charter school directors to report incidences of improper teacher-student relationships.
- Improve training for education professionals on the prevention, reporting, and mediation methods of school violence and misconduct.