Bill Text: TX SB1402 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the composition, continuation, and duties of the Sexual Assault Survivors' Task Force, compensation for task force members and certain other task force participants, and establishment of a mandatory training program for persons responding to reports of and treating survivors of child sexual abuse and adult sexual assault.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Passed) 2023-06-09 - Effective on 9/1/23 [SB1402 Detail]

Download: Texas-2023-SB1402-Enrolled.html

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S.B. No. 1402

AN ACT
relating to the composition, continuation, and duties of the Sexual
Assault Survivors' Task Force, compensation for task force members
and certain other task force participants, and establishment of a
mandatory training program for persons responding to reports of and
treating survivors of child sexual abuse and adult sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 772.0064, Government Code, is amended by
amending Subsections (d) and (m) and adding Subsection (n) to read
as follows:
(d) The task force is composed of the following members:
(1) the governor or the governor's designee;
(2) a representative of each state agency that has
duties relating to the prevention, investigation, or prosecution of
sexual assault or other sex offenses or provides services to
survivors, including:
(A) the office of the attorney general; [and]
(B) the Health and Human Services Commission; and
(C) the Department of Family and Protective
Services;
(3) the executive director of the Texas Commission on
Law Enforcement or the executive director's designee;
(4) the presiding officer of the Texas Forensic
Science Commission or the presiding officer's designee;
(5) the division director of the law enforcement
support division of the Texas Department of Public Safety with
authority over the Crime Laboratory Service or the division
director's designee;
(6) the president of the Texas Association of Crime
Laboratory Directors or the president's designee;
(7) the president of the Texas District and County
Attorney's Association or the president's designee;
(8) [the president of the Texas Society of
Pathologists or the president's designee;
[(9)] the president of the International Association
of Forensic Nurses Texas Chapter or the president's designee;
(9) [(10)] the president of the statewide
organization described by Section 264.409, Family Code, or the
president's designee;
(10) [(11)] the president of the state sexual assault
coalition, as defined by Section 420.003, or the president's
designee;
(11) [(12)] a representative from a law enforcement
agency appointed by the steering committee described by Subsection
(c);
(12) [(13)] a sexual assault nurse examiner appointed
by the steering committee described by Subsection (c) to represent
the interests of health care facilities that perform sexual assault
forensic exams;
(13) an adult survivor of child sexual abuse or the
parent or guardian of a survivor of child sexual abuse;
(14) a survivor of adult sexual assault; and
(15) [(14)] other members considered appropriate by
the steering committee described by Subsection (c).
(m) Chapter 2110 does not apply to the composition or
duration of the task force or to the designation of the task force's
presiding officer [This section expires September 1, 2023].
(n) A task force member who is not employed by a state agency
or an individual invited by the governor to participate in
scheduled task force meetings is entitled to:
(1) a per diem in the amount provided by the General
Appropriations Act for each day the member performs duties as a task
force member or the individual attends a task force meeting; and
(2) reimbursement for actual and necessary expenses
incurred in performing duties as a member or participant of the task
force, as applicable.
SECTION 2. Section 323.0045, Health and Safety Code, is
amended to read as follows:
Sec. 323.0045. BASIC SEXUAL ASSAULT FORENSIC EVIDENCE
COLLECTION TRAINING. (a) A person who performs a forensic medical
examination on a sexual assault survivor must complete [have] at
least two hours of basic forensic evidence collection training or
the equivalent education that conforms to the evidence collection
protocol developed by the attorney general under Section 420.031,
Government Code.
(b) A person 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] forensic evidence collection
training for purposes of this chapter.
(c) Each health care facility that has an emergency
department and that is not a SAFE-ready facility shall develop a
written policy [plan] to ensure that a person described by
Subsection (a) completes training on basic [train personnel on
sexual assault] forensic evidence collection in accordance with
this section.
SECTION 3. Subchapter A, Chapter 323, Health and Safety
Code, is amended by adding Section 323.0046 to read as follows:
Sec. 323.0046. BASIC SEXUAL ASSAULT RESPONSE POLICY AND
TRAINING FOR CERTAIN HEALTH CARE FACILITY PERSONNEL. (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 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 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.
(c) Each health care facility that has an emergency
department and that is not a SAFE-ready facility shall develop a
written policy to ensure that all appropriate facility personnel
complete the basic sexual assault response training required by
Subsection (a).
SECTION 4. Section 1701.253, Occupations Code, is amended
by adding Subsection (q) to read as follows:
(q) As part of the minimum curriculum requirements, the
commission shall require an officer to complete the basic education
and training program developed under Section 1701.272. An officer
shall complete the program not later than the last day of the first
full continuing education training period after the date the
officer is licensed under this chapter unless the officer completes
the program as part of the officer's basic training course.
SECTION 5. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.272 to read as follows:
Sec. 1701.272. TRAINING PROGRAM ON RESPONDING TO SEXUAL
ABUSE OR ASSAULT. (a) The commission shall, in consultation with
the Sexual Assault Survivors' Task Force established under Section
772.0064, Government Code, establish a basic education and training
program on child sexual abuse and adult sexual assault, including
the use of best practices and techniques to effectively recognize,
investigate, and document those cases. The training program must
consist of at least eight hours of instruction.
(b) The commission shall require an officer to complete the
training program unless the officer has completed the training
under Section 1701.253(q) or other training equivalent to the
training program as determined by the commission.
SECTION 6. Section 1701.253(b-2), Occupations Code, is
repealed.
SECTION 7. (a) Section 323.0045(a), Health and Safety
Code, as amended by this Act, applies only to a forensic medical
examination that occurs on or after December 1, 2023. A forensic
medical examination that occurs before the effective date of this
Act is governed by the law as it existed immediately before that
date, and the former law is continued in effect for that purpose.
(b) Not later than December 1, 2023, a health care facility
that has an emergency department shall develop the written policies
required by Section 323.0045(c), Health and Safety Code, as amended
by this Act, and Section 323.0046(c), Health and Safety Code, as
added by this Act.
(c) Notwithstanding Section 323.0046(a), Health and Safety
Code, as added by this Act, a health care facility that has an
emergency department is not required to comply with that subsection
until December 1, 2023.
SECTION 8. Not later than January 1, 2024, the Texas
Commission on Law Enforcement shall establish the training program
required by Section 1701.272, Occupations Code, as added by this
Act.
SECTION 9. The minimum curriculum requirements under
Section 1701.253(q), Occupations Code, as added by this Act, apply
only to an officer who first begins to satisfy those requirements on
or after January 1, 2024.
SECTION 10. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1402 passed the Senate on
May 3, 2023, by the following vote: Yeas 30, Nays 1; and that the
Senate concurred in House amendments on May 25, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1402 passed the House, with
amendments, on May 23, 2023, by the following vote: Yeas 92,
Nays 47, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor