Bill Text: TX SB2237 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to elderly persons and persons with a disability who are survivors of sexual assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2237 Detail]
Download: Texas-2019-SB2237-Introduced.html
By: Zaffirini | S.B. No. 2237 | |
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relating to elderly persons and persons with a disability who are | ||
survivors of sexual assault. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 420.031, Government Code, is amended by | ||
adding subsection (g) and (h) to read as follows: | ||
(g) a sexual assault examiner and sexual assault nurse | ||
examiner as defined in Section 420.003 of this chapter may provide | ||
upon request medical care to and collect forensic evidence for | ||
survivors of sexual assault who are incapacitated 14 years of age or | ||
older, regardless of whether or not the legal guardian of a survivor | ||
as defined by Chapter 1002, Estates Code consents. | ||
(h) a sexual assault examiner and sexual assault nurse | ||
examiner defined in Section 420.003 of this chapter may provide | ||
upon request medical care to and collect forensic evidence for | ||
survivors of sexual assault who are wards, as that term is defined | ||
by Chapter 1002, Estates Code. | ||
SECTION 2. Section 420.072(c), Government Code, is amended | ||
to read as follows: | ||
(c) A communication, a record, or evidence that is | ||
confidential under this subchapter may not be disclosed to a parent | ||
or legal guardian of a survivor [ |
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sexual assault program knows or has reason to believe that the | ||
parent or legal guardian of the survivor is a suspect or accomplice | ||
in the sexual assault of the survivor. | ||
SECTION 3. Section 420.073, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) Consent for the release of confidential information | ||
other than evidence contained in an evidence collection kit must be | ||
in writing and signed by the survivor, a parent or legal guardian if | ||
the survivor is a minor, [ |
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personal representative if the survivor is deceased. The written | ||
consent must specify: | ||
(1) the information or records covered by the release; | ||
(2) the reason or purpose for the release; and | ||
(3) the person to whom the information is to be | ||
released. | ||
(d) For purposes of Subsection (a), a written consent signed | ||
by a survivor who is an incapacitated person 14 years of age or | ||
older, as that term is defined by Chapter 1002, Estates Code, is | ||
effective regardless of whether the incapacitated person's | ||
guardian, guardian ad litem, or other legal agent signs the | ||
release. If the incapacitated person is unable to provide a | ||
signature and the guardian, guardian ad litem, or other legal agent | ||
is unavailable or declines to sign the release, then the | ||
investigating law enforcement officer may sign the release. | ||
SECTION 4. Section 420.0735(b), Government Code, is amended | ||
to read as follows: | ||
(b) For purposes of Subsection (a)(1), a written consent | ||
signed by an incapacitated person, as that term is defined by | ||
Chapter 1002, Estates Code, is effective regardless of whether the | ||
incapacitated person's guardian, guardian ad litem, or other legal | ||
agent signs the release. If the incapacitated person is unable to | ||
provide a signature and the guardian, guardian ad litem, or other | ||
legal agent is unavailable or declines to sign the release, then the | ||
investigating law enforcement officer may sign the release. | ||
SECTION 7. This Act takes effect September 1, 2019. |