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A BILL TO BE ENTITLED
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AN ACT
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relating to sexual assault and other sex offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 29.14(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) In this article, "victim" means a [the] victim of [an |
|
assault or] sexual assault or a victim of assault who is younger |
|
than 17 years of age or whose case involves family violence as |
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defined by Section 71.004, Family Code. |
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SECTION 2. Article 56A.051(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) A victim, guardian of a victim, or close relative of a |
|
deceased victim is entitled to the following rights within the |
|
criminal justice system: |
|
(1) the right to receive from a law enforcement agency |
|
adequate protection from harm and threats of harm arising from |
|
cooperation with prosecution efforts; |
|
(2) the right to have the magistrate consider the |
|
safety of the victim or the victim's family in setting the amount of |
|
bail for the defendant; |
|
(3) if requested, the right to be informed in the |
|
manner provided by Article 56A.0525: |
|
(A) by the attorney representing the state of |
|
relevant court proceedings, including appellate proceedings, and |
|
to be informed if those proceedings have been canceled or |
|
rescheduled before the event; and |
|
(B) by an appellate court of the court's |
|
decisions, after the decisions are entered but before the decisions |
|
are made public; |
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(4) when requested, the right to be informed in the |
|
manner provided by Article 56A.0525: |
|
(A) by a peace officer concerning the defendant's |
|
right to bail and the procedures in criminal investigations; and |
|
(B) by the office of the attorney representing |
|
the state concerning the general procedures in the criminal justice |
|
system, including general procedures in guilty plea negotiations |
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and arrangements, restitution, and the appeals and parole process; |
|
(5) the right to provide pertinent information to a |
|
community supervision and corrections department conducting a |
|
presentencing investigation concerning the impact of the offense on |
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the victim and the victim's family by testimony, written statement, |
|
or any other manner before any sentencing of the defendant; |
|
(6) the right to receive information, in the manner |
|
provided by Article 56A.0525: |
|
(A) regarding compensation to victims of crime as |
|
provided by Chapter 56B, including information related to the costs |
|
that may be compensated under that chapter and the amount of |
|
compensation, eligibility for compensation, and procedures for |
|
application for compensation under that chapter; |
|
(B) for a victim of a sexual assault, regarding |
|
the payment under Subchapter G for a forensic medical examination |
|
and for any prescribed continuing medical care that is related to |
|
the sexual assault and provided to the victim during the 30-day |
|
period following that examination, as provided by Subchapter G; and |
|
(C) when requested, providing a referral to |
|
available social service agencies that may offer additional |
|
assistance; |
|
(7) the right to: |
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(A) be informed, on request, and in the manner |
|
provided by Article 56A.0525, of parole procedures; |
|
(B) participate in the parole process; |
|
(C) provide to the board for inclusion in the |
|
defendant's file information to be considered by the board before |
|
the parole of any defendant convicted of any offense subject to this |
|
chapter; and |
|
(D) be notified in the manner provided by Article |
|
56A.0525, if requested, of parole proceedings concerning a |
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defendant in the victim's case and of the defendant's release; |
|
(8) the right to be provided with a waiting area, |
|
separate or secure from other witnesses, including the defendant |
|
and relatives of the defendant, before testifying in any proceeding |
|
concerning the defendant; if a separate waiting area is not |
|
available, other safeguards should be taken to minimize the |
|
victim's contact with the defendant and the defendant's relatives |
|
and witnesses, before and during court proceedings; |
|
(9) the right to the prompt return of any of the |
|
victim's property that is held by a law enforcement agency or the |
|
attorney representing the state as evidence when the property is no |
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longer required for that purpose; |
|
(10) the right to have the attorney representing the |
|
state notify the victim's employer, if requested, that the victim's |
|
cooperation and testimony is necessary in a proceeding that may |
|
require the victim to be absent from work for good cause; |
|
(11) the right to request victim-offender mediation |
|
coordinated by the victim services division of the department; |
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(12) the right to be informed, in the manner provided |
|
by Article 56A.0525, of the uses of a victim impact statement and |
|
the statement's purpose in the criminal justice system as described |
|
by Subchapter D, to complete the victim impact statement, and to |
|
have the victim impact statement considered: |
|
(A) by the attorney representing the state and |
|
the judge before sentencing or before a plea bargain agreement is |
|
accepted; and |
|
(B) by the board before a defendant is released |
|
on parole; |
|
(13) for a victim of sexual [an] assault or a victim of |
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[or sexual] assault who is younger than 17 years of age or whose |
|
case involves family violence, as defined by Section 71.004, Family |
|
Code, the right to have the court consider the impact on the victim |
|
of a continuance requested by the defendant; if requested by the |
|
attorney representing the state or by the defendant's attorney, the |
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court shall state on the record the reason for granting or denying |
|
the continuance; and |
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(14) if the offense is a capital felony, the right to: |
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(A) receive by mail from the court a written |
|
explanation of defense-initiated victim outreach if the court has |
|
authorized expenditures for a defense-initiated victim outreach |
|
specialist; |
|
(B) not be contacted by the victim outreach |
|
specialist unless the victim, guardian, or relative has consented |
|
to the contact by providing a written notice to the court; and |
|
(C) designate a victim service provider to |
|
receive all communications from a victim outreach specialist acting |
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on behalf of any person. |
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SECTION 3. Article 56A.052(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) A victim, guardian of a victim, or close relative of a |
|
deceased victim of an offense under Section 21.02, 21.11, 22.011, |
|
22.012, 22.021, or 42.072, Penal Code, is entitled to the following |
|
rights within the criminal justice system: |
|
(1) if requested, the right to a disclosure of |
|
information, in the manner provided by Article 56A.0525, regarding: |
|
(A) any evidence that was collected during the |
|
investigation of the offense, unless disclosing the information |
|
would interfere with the investigation or prosecution of the |
|
offense, in which event the victim, guardian, or relative shall be |
|
informed of the estimated date on which that information is |
|
expected to be disclosed; and |
|
(B) the status of any analysis being performed on |
|
any evidence described by Paragraph (A); |
|
(2) if requested, the right to be notified in the |
|
manner provided by Article 56A.0525: |
|
(A) at the time a request is submitted to a crime |
|
laboratory to process and analyze any evidence that was collected |
|
during the investigation of the offense; |
|
(B) at the time of the submission of a request to |
|
compare any biological evidence collected during the investigation |
|
of the offense with DNA profiles maintained in a state or federal |
|
DNA database; and |
|
(C) of the results of the comparison described by |
|
Paragraph (B), unless disclosing the results would interfere with |
|
the investigation or prosecution of the offense, in which event the |
|
victim, guardian, or relative shall be informed of the estimated |
|
date on which those results are expected to be disclosed; |
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(3) if requested, the right to counseling regarding |
|
acquired immune deficiency syndrome (AIDS) and human |
|
immunodeficiency virus (HIV) infection; |
|
(4) if requested, the right to be informed about, and |
|
confer with the attorney representing the state regarding, the |
|
disposition of the offense, including sharing the victim's, |
|
guardian's, or relative's views regarding: |
|
(A) a decision not to file charges; |
|
(B) the dismissal of charges; |
|
(C) the use of a pretrial intervention program; |
|
or |
|
(D) a plea bargain agreement; and |
|
(5) for the victim, the right to: |
|
(A) testing for acquired immune deficiency |
|
syndrome (AIDS), human immunodeficiency virus (HIV) infection, |
|
antibodies to HIV, or infection with any other probable causative |
|
agent of AIDS; [and] |
|
(B) a forensic medical examination as provided by |
|
Subchapter G; and |
|
(C) any prescribed continuing medical care that |
|
is related to the sexual assault and provided to the victim during |
|
the 30-day period following a forensic medical examination, as |
|
provided by Subchapter G. |
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SECTION 4. Article 56A.304(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) On application to the attorney general and subject to |
|
Article 56A.305(e), a health care provider that provides a forensic |
|
medical examination to a sexual assault survivor in accordance with |
|
this subchapter, or the sexual assault examiner or sexual assault |
|
nurse examiner who conducts that examination in accordance with |
|
this subchapter, as applicable, is entitled to be reimbursed in an |
|
amount set by attorney general rule for: |
|
(1) the reasonable costs of the forensic portion of |
|
that examination; |
|
(2) the evidence collection kit; and |
|
(3) the reasonable costs of other medical care |
|
provided to the victim during the forensic medical examination in |
|
accordance with Subchapters A and B, Chapter 323, Health and Safety |
|
Code, and of any prescribed continuing medical care that is related |
|
to the sexual assault and provided to the victim during the 30-day |
|
period following that examination, including medication and |
|
medical testing. |
|
SECTION 5. Article 56A.401, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial |
|
contact or at the earliest possible time after the initial contact |
|
between a victim of a reported offense and the law enforcement |
|
agency having the responsibility for investigating the offense, the |
|
agency shall provide the victim a written notice containing: |
|
(1) information about the availability of emergency |
|
and medical services, if applicable; |
|
(2) information about the rights of crime victims |
|
under Subchapter B; |
|
(3) notice that the victim has the right to receive |
|
information: |
|
(A) regarding compensation to victims of crime as |
|
provided by Chapter 56B, including information relating to the |
|
costs that may be compensated under that chapter and the amount of |
|
compensation, eligibility for compensation, and procedures for |
|
application for compensation under that chapter; |
|
(B) for a victim of a sexual assault, regarding |
|
the payment under Subchapter G for a forensic medical examination |
|
and for any prescribed continuing medical care that is related to |
|
the sexual assault and provided to the victim during the 30-day |
|
period following that examination, as provided by Subchapter G; and |
|
(C) providing a referral to available social |
|
service agencies that may offer additional assistance; |
|
(4) the name, address, and phone number of the law |
|
enforcement agency's crime victim liaison; |
|
(5) the name, address, and phone number of the victim |
|
assistance coordinator of the office of the attorney representing |
|
the state; and |
|
(6) the following statement: |
|
"You may call the law enforcement agency's telephone number |
|
for the status of the case and information about victims' rights." |
|
SECTION 6. Article 56A.451(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) Not later than the 10th day after the date that an |
|
indictment or information is returned against a defendant for an |
|
offense, the attorney representing the state shall give to each |
|
victim of the offense a written notice containing: |
|
(1) the case number and assigned court for the case; |
|
(2) a brief general statement of each procedural stage |
|
in the processing of a criminal case, including bail, plea |
|
bargaining, parole restitution, and appeal; |
|
(3) suggested steps the victim may take if the victim |
|
is subjected to threats or intimidation; |
|
(4) the name, address, and phone number of the local |
|
victim assistance coordinator; and |
|
(5) notification of: |
|
(A) the rights and procedures under this chapter, |
|
Chapter 56B, and Subchapter B, Chapter 58; |
|
(B) the right to file a victim impact statement |
|
with the office of the attorney representing the state and the |
|
department; |
|
(C) the right to receive information: |
|
(i) regarding compensation to victims of |
|
crime as provided by Chapter 56B, including information relating to |
|
the costs that may be compensated under that chapter, eligibility |
|
for compensation, and procedures for application for compensation |
|
under that chapter; |
|
(ii) for a victim of a sexual assault, |
|
regarding the payment under Subchapter G for a forensic medical |
|
examination and for any prescribed continuing medical care that is |
|
related to the sexual assault and provided to the victim during the |
|
30-day period following that examination, as provided by Subchapter |
|
G; and |
|
(iii) providing a referral to available |
|
social service agencies that may offer additional assistance; and |
|
(D) the right of a victim, guardian of a victim, |
|
or close relative of a deceased victim, as defined by Section |
|
508.117, Government Code, to appear in person before a member of the |
|
board as provided by Section 508.153, Government Code. |
|
SECTION 7. Article 62.063, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 62.063. PROHIBITED EMPLOYMENT. (a) In this article: |
|
(1) "Amusement ride" has the meaning assigned by |
|
Section 2151.002, Occupations Code. |
|
(2) "Bus" has the meaning assigned by Section 541.201, |
|
Transportation Code. |
|
(3) "Digitally prearranged ride" has the meaning |
|
assigned by Section 2402.001, Occupations Code. |
|
(b) A person subject to registration under this chapter |
|
because of a reportable conviction or adjudication for which an |
|
affirmative finding is entered under Article 42.015(b) or |
|
42A.105(a), as appropriate, may not, for compensation: |
|
(1) operate or offer to operate a bus; |
|
(2) provide or offer to provide a passenger taxicab or |
|
limousine transportation service, or a digitally prearranged ride; |
|
(3) provide or offer to provide any type of service in |
|
the residence of another person unless the provision of service |
|
will be supervised; or |
|
(4) operate or offer to operate any amusement ride. |
|
SECTION 8. Section 57.002(a), Family Code, is amended to |
|
read as follows: |
|
(a) A victim, guardian of a victim, or close relative of a |
|
deceased victim is entitled to the following rights within the |
|
juvenile justice system: |
|
(1) the right to receive from law enforcement agencies |
|
adequate protection from harm and threats of harm arising from |
|
cooperation with prosecution efforts; |
|
(2) the right to have the court or person appointed by |
|
the court take the safety of the victim or the victim's family into |
|
consideration as an element in determining whether the child should |
|
be detained before the child's conduct is adjudicated; |
|
(3) the right, if requested, to be informed of |
|
relevant court proceedings, including appellate proceedings, and |
|
to be informed in a timely manner if those court proceedings have |
|
been canceled or rescheduled; |
|
(4) the right to be informed, when requested, by the |
|
court or a person appointed by the court concerning the procedures |
|
in the juvenile justice system, including general procedures |
|
relating to: |
|
(A) the preliminary investigation and deferred |
|
prosecution of a case; and |
|
(B) the appeal of the case; |
|
(5) the right to provide pertinent information to a |
|
juvenile court conducting a disposition hearing concerning the |
|
impact of the offense on the victim and the victim's family by |
|
testimony, written statement, or any other manner before the court |
|
renders its disposition; |
|
(6) the right to receive information: |
|
(A) regarding compensation to victims as |
|
provided by Chapter 56B, Code of Criminal Procedure, including |
|
information relating to the costs that may be compensated under |
|
that chapter and the amount of compensation, eligibility for |
|
compensation, and procedures for application for compensation |
|
under that chapter; |
|
(B) for a victim of a sexual assault, regarding |
|
the payment under Subchapter G, Chapter 56A, Code of Criminal |
|
Procedure, for a forensic medical examination and for any |
|
prescribed continuing medical care that is related to the sexual |
|
assault and provided to the victim during the 30-day period |
|
following that examination; and |
|
(C) when requested, providing a referral to |
|
available social service agencies that may offer additional |
|
assistance; |
|
(7) the right to be informed, upon request, of |
|
procedures for release under supervision or transfer of the person |
|
to the custody of the Texas Department of Criminal Justice for |
|
parole, to participate in the release or transfer for parole |
|
process, to be notified, if requested, of the person's release, |
|
escape, or transfer for parole proceedings concerning the person, |
|
to provide to the Texas Juvenile Justice Department for inclusion |
|
in the person's file information to be considered by the department |
|
before the release under supervision or transfer for parole of the |
|
person, and to be notified, if requested, of the person's release or |
|
transfer for parole; |
|
(8) the right to be provided with a waiting area, |
|
separate or secure from other witnesses, including the child |
|
alleged to have committed the conduct and relatives of the child, |
|
before testifying in any proceeding concerning the child, or, if a |
|
separate waiting area is not available, other safeguards should be |
|
taken to minimize the victim's contact with the child and the |
|
child's relatives and witnesses, before and during court |
|
proceedings; |
|
(9) the right to prompt return of any property of the |
|
victim that is held by a law enforcement agency or the attorney for |
|
the state as evidence when the property is no longer required for |
|
that purpose; |
|
(10) the right to have the attorney for the state |
|
notify the employer of the victim, if requested, of the necessity of |
|
the victim's cooperation and testimony in a proceeding that may |
|
necessitate the absence of the victim from work for good cause; |
|
(11) the right to be present at all public court |
|
proceedings related to the conduct of the child as provided by |
|
Section 54.08, subject to that section; and |
|
(12) any other right appropriate to the victim that a |
|
victim of criminal conduct has under Subchapter B, Chapter 56A, |
|
Code of Criminal Procedure. |
|
SECTION 9. Section 420.011(c), Government Code, is amended |
|
to read as follows: |
|
(c) The attorney general shall adopt rules establishing |
|
minimum standards for the certification of a sexual assault nurse |
|
examiner and the renewal of that certification by the nurse |
|
examiner, including standards for examiner training courses and for |
|
the interstate reciprocity of sexual assault nurse examiners. The |
|
certification is valid for three [two] years from the date of |
|
issuance. The attorney general shall also adopt rules establishing |
|
minimum standards for the suspension, decertification, or |
|
probation of a sexual assault nurse examiner who violates this |
|
chapter. |
|
SECTION 10. Sections 323.0046(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) A health care facility that has an emergency department |
|
shall provide at least one hour of basic sexual assault response |
|
training to facility employees and contractors who provide patient |
|
admission functions, patient-related administrative support |
|
functions, or direct patient care. The training must include |
|
instruction on: |
|
(1) the provision of survivor-centered, |
|
trauma-informed care to sexual assault survivors; and |
|
(2) the rights of sexual assault survivors under |
|
Chapter 56A, Code of Criminal Procedure, including: |
|
(A) the availability of a forensic medical |
|
examination, including an examination that is available when a |
|
sexual assault survivor does not report the assault to a law |
|
enforcement agency; and |
|
(B) the role of an advocate as defined by Section |
|
420.003, Government Code, in responding to a sexual assault |
|
survivor. |
|
(b) An employee or contractor described by Subsection (a) |
|
who completes a continuing medical or nursing education course in |
|
forensic evidence collection described by Section 156.057 or |
|
301.306, Occupations Code, that is approved or recognized by the |
|
appropriate licensing board is considered to have completed basic |
|
sexual assault response training for purposes of this section. |
|
SECTION 11. Section 323.005(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The commission shall develop a standard information |
|
form for sexual assault survivors that must include: |
|
(1) a detailed explanation of the forensic medical |
|
examination required to be provided by law, including a statement |
|
that photographs may be taken of the genitalia; |
|
(2) information regarding treatment of sexually |
|
transmitted infections and pregnancy, including: |
|
(A) generally accepted medical procedures; |
|
(B) appropriate medications; and |
|
(C) any contraindications of the medications |
|
prescribed for treating sexually transmitted infections and |
|
preventing pregnancy; |
|
(3) information regarding drug-facilitated sexual |
|
assault, including the necessity for an immediate urine test for |
|
sexual assault survivors who may have been involuntarily drugged; |
|
(4) information regarding crime victims compensation |
|
and regarding the payment of costs and the reimbursements available |
|
for care to be provided as described by Subchapter G, Chapter 56A, |
|
Code of Criminal Procedure; |
|
(5) an explanation that consent for the forensic |
|
medical examination may be withdrawn at any time during the |
|
examination; |
|
(6) the name and telephone number of sexual assault |
|
crisis centers statewide; |
|
(7) the names and contact information of legal aid |
|
services providers statewide; |
|
(8) information regarding postexposure prophylaxis |
|
for HIV infection; |
|
(9) [(8)] information regarding the period for which |
|
biological evidence collected from the forensic medical |
|
examination will be retained and preserved under Article 38.43, |
|
Code of Criminal Procedure; and |
|
(10) [(9)] a statement that the survivor has the right |
|
to access a shower for free after the forensic medical examination, |
|
if shower facilities are available at the health care facility. |
|
SECTION 12. Section 323.0051(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The commission shall develop a standard information |
|
form for sexual assault survivors who arrive at a health care |
|
facility that is not a SAFE-ready facility. The information form |
|
must include: |
|
(1) information regarding the benefits of a forensic |
|
medical examination conducted by a sexual assault forensic |
|
examiner; |
|
(2) the Internet website address to the commission's |
|
list of SAFE-ready facilities that includes the facilities' |
|
physical addresses as required by Section 323.008; |
|
(3) the following statements: |
|
(A) "As a survivor of sexual assault, you have |
|
the right to receive a forensic medical examination for sexual |
|
assault at this hospital emergency room if you are requesting the |
|
examination not later than 120 hours after the assault. For parents |
|
or guardians of a minor child, your child has the right to receive |
|
the forensic medical examination at any time, regardless of when |
|
the assault occurred."; and |
|
(B) "Call 1-800-656-HOPE to be connected to a |
|
sexual assault crisis center for free and confidential |
|
assistance."; [and] |
|
(4) the names and contact information of legal aid |
|
services providers statewide; and |
|
(5) information on the procedure for submitting a |
|
complaint against the health care facility. |
|
SECTION 13. Section 323.0052(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The commission shall develop a standard information |
|
form that, as described by Subsection (b), is to be provided to |
|
sexual assault survivors who have not given signed, written consent |
|
to a health care facility to release the evidence as provided by |
|
Section 420.0735, Government Code. The form must include the |
|
following information: |
|
(1) the Department of Public Safety's policy regarding |
|
storage of evidence of a sexual assault or other sex offense that is |
|
collected under Subchapter G, Chapter 56A, Code of Criminal |
|
Procedure, including: |
|
(A) a statement that the evidence will be stored |
|
until the fifth anniversary of the date on which the evidence was |
|
collected before the evidence becomes eligible for destruction; and |
|
(B) the department's procedures regarding the |
|
notification of the survivor through the statewide electronic |
|
tracking system before a planned destruction of the evidence; |
|
(2) a statement that the survivor may request the |
|
release of the evidence to a law enforcement agency and report a |
|
sexual assault or other sex offense to the agency at any time; |
|
(3) the name, phone number, and e-mail address of the |
|
law enforcement agency with jurisdiction over the offense; [and] |
|
(4) the name and phone number of a local sexual assault |
|
crisis center; and |
|
(5) the names and contact information of legal aid |
|
services providers statewide. |
|
SECTION 14. Section 323.053, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE |
|
program must: |
|
(1) operate under the active oversight of a medical |
|
director who is a physician licensed by and in good standing with |
|
the Texas Medical Board; |
|
(2) provide medical treatment under a physician's |
|
order, standing medical order, standing delegation order, or other |
|
order or protocol as defined by Texas Medical Board rules; |
|
(3) employ or contract with a sexual assault examiner |
|
or a sexual assault nurse examiner; |
|
(4) provide access to a sexual assault program |
|
advocate, as required by Subchapter H, Chapter 56A, Code of |
|
Criminal Procedure; |
|
(5) ensure a sexual assault survivor has access to a |
|
private treatment room; |
|
(6) if indicated by a survivor's history or on a |
|
survivor's request, provide: |
|
(A) HIV testing and prophylactic medication to |
|
the survivor or a referral for the testing and medication; and |
|
(B) counseling and prophylactic medications for |
|
exposure to sexually transmitted infections and pregnancy; |
|
(7) provide to survivors the name and telephone number |
|
of a nearby sexual assault program that provides to survivors the |
|
minimum services described by Subchapter A, Chapter 420, Government |
|
Code; |
|
(8) provide to survivors the information form required |
|
by Section 323.005, 323.0051, or 323.0052, as applicable[, and |
|
orally communicate the information regarding crime victims |
|
compensation under Section 323.005(a)(4)]; |
|
(9) collaborate with any sexual assault program, as |
|
defined by Section 420.003, Government Code, that provides services |
|
to survivors in the county; |
|
(10) engage in efforts to improve the quality of the |
|
program; |
|
(11) maintain capacity for appropriate triage or have |
|
agreements with other health facilities to assure that a survivor |
|
receives the appropriate level of care indicated for the survivor's |
|
medical and mental health needs; |
|
(12) prioritize the safety and well-being of |
|
survivors; |
|
(13) provide a trauma-informed approach in the |
|
forensic medical care provided to survivors; and |
|
(14) collaborate with: |
|
(A) law enforcement agencies and attorneys |
|
representing the state with jurisdiction in the county; |
|
(B) any available local sexual assault response |
|
team; and |
|
(C) other interested persons in the community. |
|
SECTION 15. Section 351.257, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 351.257. REPORT. (a) Not later than December 1 of |
|
each odd-numbered year, a response team shall provide to the |
|
commissioners court of each county the response team serves a |
|
report that includes: |
|
(1) a list of response team members able to |
|
participate in the quarterly meetings required by Section |
|
351.254(c); |
|
(2) a copy of the written protocol developed under |
|
Section 351.256; and |
|
(3) either: |
|
(A) a biennial summary detailing: |
|
(i) the number of sexual assault reports |
|
received by local law enforcement agencies; |
|
(ii) the number of investigations conducted |
|
as a result of those reports; |
|
(iii) the number of indictments presented |
|
in connection with a report and the disposition of those cases; and |
|
(iv) the number of reports of sexual |
|
assault for which no indictment was presented; or |
|
(B) an explanation of the reason the response |
|
team failed to provide the information described by Paragraph (A). |
|
(b) Not later than February 1 of each even-numbered year, |
|
the commissioners court of each county that receives a report |
|
described by Subsection (a) during the preceding year shall submit |
|
that report to the Sexual Assault Survivors' Task Force established |
|
under Section 772.0064, Government Code. |
|
SECTION 16. Subchapter J, Chapter 351, Local Government |
|
Code, is amended by adding Section 351.2571 to read as follows: |
|
Sec. 351.2571. NONCOMPLIANCE. Failure to comply with the |
|
requirements of Section 351.257 may be used to determine |
|
eligibility for receiving grant funds from the office of the |
|
governor or another state agency. |
|
SECTION 17. Section 156.057, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE |
|
COLLECTION. (a) A physician licensed under this subtitle who |
|
submits an application for renewal of a license to practice |
|
medicine and whose practice includes treating patients in an |
|
emergency room setting shall [may] complete at least two hours of |
|
continuing medical education relating to: |
|
(1) the provision of trauma-informed care to sexual |
|
assault survivors; |
|
(2) appropriate community referrals and prophylactic |
|
medications; |
|
(3) the rights of a sexual assault survivor under |
|
Chapter 56A, Code of Criminal Procedure, including the opportunity |
|
to request the presence of an advocate as defined by Section |
|
420.003, Government Code, and a forensic medical examination; |
|
(4) forensic evidence collection methods; and |
|
(5) applicable state law pertaining to the custody, |
|
transfer, and tracking of forensic evidence. |
|
(b) The board shall adopt rules to establish the content of |
|
continuing medical education relating to forensic evidence |
|
collection. The content of the continuing medical education must |
|
conform to the evidence collection protocol distributed by the |
|
attorney general under Section 420.031, Government Code. The board |
|
may adopt other rules to implement this section. |
|
(c) The board may permit the continuing medical education |
|
under this section to be counted toward the hours of continuing |
|
medical education required by Section 156.051(a)(2). |
|
SECTION 18. Subchapter D, Chapter 204, Occupations Code, is |
|
amended by adding Section 204.1563 to read as follows: |
|
Sec. 204.1563. CONTINUING EDUCATION IN FORENSIC EVIDENCE |
|
COLLECTION. (a) A physician assistant licensed under this chapter |
|
whose practice includes treating patients in an emergency room |
|
setting shall complete at least two hours of continuing medical |
|
education relating to: |
|
(1) the provision of trauma-informed care to sexual |
|
assault survivors; |
|
(2) appropriate community referrals and prophylactic |
|
medications; |
|
(3) the rights of a sexual assault survivor under |
|
Chapter 56A, Code of Criminal Procedure, including the opportunity |
|
to request the presence of an advocate as defined by Section |
|
420.003, Government Code, and a forensic medical examination; |
|
(4) forensic evidence collection methods; and |
|
(5) applicable state law pertaining to the custody, |
|
transfer, and tracking of forensic evidence. |
|
(b) The content of the continuing medical education |
|
relating to forensic evidence collection must conform to the |
|
evidence collection protocol distributed by the attorney general |
|
under Section 420.031, Government Code. |
|
(c) The board may permit the continuing medical education |
|
under this section to be counted toward the continuing education |
|
requirements under Section 204.1562(a)(2). |
|
SECTION 19. Sections 2402.107(a) and (b), Occupations Code, |
|
are amended to read as follows: |
|
(a) Before permitting an individual to log in as a driver on |
|
the company's digital network, a transportation network company |
|
must: |
|
(1) confirm that the individual: |
|
(A) is at least 18 years of age; |
|
(B) maintains a valid driver's license issued by |
|
this state, another state, or the District of Columbia; and |
|
(C) possesses proof of registration and |
|
automobile financial responsibility for each motor vehicle to be |
|
used to provide digitally prearranged rides; |
|
(2) conduct, or cause to be conducted, a local, state, |
|
and national criminal background check for the individual that |
|
includes the use of: |
|
(A) a commercial multistate and |
|
multijurisdiction criminal records locator or other similar |
|
commercial nationwide database; [and] |
|
(B) the national sex offender public website |
|
maintained by the United States Department of Justice or a |
|
successor agency; and |
|
(C) the state sex offender public website |
|
maintained by the Department of Public Safety; and |
|
(3) obtain and review the individual's driving record. |
|
(b) A transportation network company may not permit an |
|
individual to log in as a driver on the company's digital network if |
|
the individual: |
|
(1) has been convicted in the three-year period |
|
preceding the issue date of the driving record obtained under |
|
Subsection (a)(3) of: |
|
(A) more than three offenses classified by the |
|
Department of Public Safety as moving violations; or |
|
(B) one or more of the following offenses: |
|
(i) fleeing or attempting to elude a police |
|
officer under Section 545.421, Transportation Code; |
|
(ii) reckless driving under Section |
|
545.401, Transportation Code; |
|
(iii) driving without a valid driver's |
|
license under Section 521.025, Transportation Code; or |
|
(iv) driving with an invalid driver's |
|
license under Section 521.457, Transportation Code; |
|
(2) has been convicted in the preceding seven-year |
|
period of any of the following: |
|
(A) driving while intoxicated under Section |
|
49.04 or 49.045, Penal Code; |
|
(B) use of a motor vehicle to commit a felony; |
|
(C) a felony crime involving property damage; |
|
(D) fraud; |
|
(E) theft; |
|
(F) an act of violence; or |
|
(G) an act of terrorism; or |
|
(3) is found to be registered in the national sex |
|
offender public website maintained by the United States Department |
|
of Justice or a successor agency or in the state sex offender public |
|
website maintained by the Department of Public Safety. |
|
SECTION 20. Section 92.0161(c), Property Code, is amended |
|
to read as follows: |
|
(c) If the tenant is a victim or a parent or guardian of a |
|
victim of sexual assault under Section 22.011, Penal Code, |
|
aggravated sexual assault under Section 22.021, Penal Code, |
|
indecency with a child under Section 21.11, Penal Code, sexual |
|
performance by a child under Section 43.25, Penal Code, continuous |
|
sexual abuse of young child or disabled individual under Section |
|
21.02, Penal Code, or an attempt to commit any of the foregoing |
|
offenses under Section 15.01, Penal Code, that takes place during |
|
the preceding six-month period [on the premises or at any dwelling |
|
on the premises], the tenant shall provide to the landlord or the |
|
landlord's agent a copy of: |
|
(1) documentation of the assault or abuse, or |
|
attempted assault or abuse, of the victim from a licensed health |
|
care services provider who examined the victim; |
|
(2) documentation of the assault or abuse, or |
|
attempted assault or abuse, of the victim from a licensed mental |
|
health services provider who examined or evaluated the victim; |
|
(3) documentation of the assault or abuse, or |
|
attempted assault or abuse, of the victim from an individual |
|
authorized under Chapter 420, Government Code, who provided |
|
services to the victim; or |
|
(4) documentation of a protective order issued under |
|
Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a |
|
temporary ex parte order. |
|
SECTION 21. Section 323.005(d), Health and Safety Code, is |
|
repealed. |
|
SECTION 22. The changes in law made by this Act to Chapter |
|
56A, Code of Criminal Procedure, apply only to a sexual assault or |
|
other sex offense that is first reported or for which medical care |
|
is first sought on or after the effective date of this Act. A sexual |
|
assault or other sex offense that is first reported or for which |
|
medical care was first sought before the effective date of this Act |
|
is governed by the law in effect on the date the sexual assault was |
|
reported or the medical care was sought, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 23. Section 420.011(c), Government Code, as amended |
|
by this Act, applies only to an application for renewal of a sexual |
|
assault nurse examiner certificate filed on or after the effective |
|
date of this Act. An application for renewal of a certificate filed |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the application was filed, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 24. Section 156.057, Occupations Code, as amended |
|
by this Act, and Section 204.1563, Occupations Code, as added by |
|
this Act, apply to an application for the renewal of a license filed |
|
on or after September 1, 2026. An application for the renewal of a |
|
license filed before that date is governed by the law in effect on |
|
the date the application was filed, and the former law is continued |
|
in effect for that purpose. |
|
SECTION 25. Not later than June 1, 2026, the Texas Medical |
|
Board shall adopt the rules required by Section 156.057, |
|
Occupations Code, as amended by this Act. |
|
SECTION 26. Not later than June 1, 2026, the Texas Physician |
|
Assistant Board shall adopt rules to implement Section 204.1563, |
|
Occupations Code, as added by this Act. |
|
SECTION 27. This Act takes effect September 1, 2025. |