Tex. Government Code § 772.00791 — TX Code / Code gv / Chapter 772 / Section 772.00791
§ 772.00791. GRANT PROGRAM TO ASSIST LOCAL LAW ENFORCEMENT IN SOLVING VIOLENT AND SEXUAL OFFENSES.
Status: in_force

(a) In this section:

(1) "Clearance by arrest" means that, with respect to an offense reported to a law enforcement agency, the agency:

(A) has:

(i) arrested and charged at least one suspect with the commission of the offense; and

(ii) turned the suspect over to the court for prosecution; or

(B) has cited an individual younger than 18 years of age and required the individual to appear in juvenile court or before another juvenile authority with respect to the offense, regardless of whether an arrest occurred.

(2) "Clearance by exception" means that, with respect to an offense reported to a law enforcement agency, the agency:

(A) has confirmed the suspect's identity;

(B) has sufficient evidence for arrest;

(C) knows the suspect's specific location; and

(D) has encountered factors beyond law enforcement control that hinder the arrest, charging, and prosecution of the suspect.

(3) "Clearance rate" means, with respect to an offense or category of offense reported to a law enforcement agency, a fraction:

(A) the numerator of which is the number of offenses cleared by the agency through clearance by arrest and clearance by exception; and

(B) the denominator of which is the total number of offenses reported to the agency.

(4) "Criminal justice division" means the criminal justice division established under Section 772.006.

(5) "Sexual offense" means an offense under any of the following provisions of the Penal Code:

(A) Section 21.11 (indecency with a child);

(B) Section 22.011 (sexual assault); or

(C) Section 22.021 (aggravated sexual assault).

(6) "Violent offense" means an offense under any of the following provisions of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 20.04 (aggravated kidnapping);

(D) Section 22.02(a)(2) (aggravated assault with a deadly weapon); or

(E) Section 29.03 (aggravated robbery).

(b) This section applies only to a law enforcement agency employing one or more peace officers described by Article 2A.001(1) or (3), Code of Criminal Procedure.

(c) The criminal justice division shall establish and administer a grant program through which a law enforcement agency may apply for a grant designed to improve clearance rates for violent and sexual offenses.

(d) The criminal justice division shall establish:

(1) eligibility criteria for grant applications;

(2) grant application procedures;

(3) guidelines relating to grant amounts; and

(4) procedures for evaluating grant applications.

(e) Grant money awarded under this section may be used to pay for:

(1) hiring, training, and retaining personnel to:

(A) investigate violent and sexual offenses;

(B) collect, process, and forensically test evidence; or

(C) analyze violent and sexual offenses, including temporal and geographical trends;

(2) acquiring, upgrading, or replacing technology or equipment related to evidence collection, evidence processing, or forensic testing; and

(3) upgrading record management systems to achieve compliance with the reporting requirements under Subsection (f).

(f) A law enforcement agency that receives a grant awarded under the program annually shall report:

(1) the clearance rate and the percentage of the clearance rate that is clearance by arrest and the percentage that is clearance by exception for:

(A) violent offenses;

(B) sexual offenses; and

(C) each offense listed in Subsection (a)(5) or (6);

(2) the average duration between the date of the offense and the date of clearance for:

(A) violent offenses;

(B) sexual offenses; and

(C) each offense listed in Subsection (a)(5) or (6); and

(3) the percentage of the grant amount used for each authorized use listed in Subsection (e).(a) In this section:

(1) "Criminal justice division" means the criminal justice division established under Section 772.006.

(2) "First responder" has the meaning assigned by Section 772.013.

(3) "Telecommunicator" has the meaning assigned by Section 1701.001, Occupations Code.

(b) The criminal justice division shall establish and administer a grant program to provide financial assistance to first responders and telecommunicators for the purpose of attending an active attack integrated response training course through the Advanced Law Enforcement Rapid Response Training Center at Texas State University--San Marcos or a similar course approved by the division.

(c) The criminal justice division shall establish:

(1) eligibility criteria for grant applicants;

(2) grant application procedures;

(3) criteria for evaluating grant applications and awarding grants;

(4) guidelines related to grant amounts; and

(5) procedures for monitoring the use of a grant awarded under this section and ensuring compliance with any conditions of the grant.

(d) The criminal justice division may use any revenue available for purposes of this section.n for:

(A) violent offenses;

(B) sexual offenses; and

(C) each offense listed in Subsection (a)(5) or (6);

(2) the average duration between the date of the offense and the date of clearance for:

(A) violent offenses;

(B) sexual offenses; and

(C) each offense listed in Subsection (a)(5) or (6); and

(3) the percentage of the grant amount used for each authorized use listed in Subsection (e).

(g) The criminal justice division shall periodically evaluate the practices employed by grant recipients to identify policies and procedures that have successfully improved clearance rates for violent and sexual offenses. The division may contract with a third party to conduct an evaluation under this subsection.

(h) The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) a detailed reporting of the results and performance of the grant program administered under this section.

(i) A governmental entity may not reduce the amount of funds provided to a law enforcement agency because the agency received a grant under this section.

(j) The criminal justice division may use any revenue available for purposes of this section.