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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of victims of sexual assault or other |
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prohibited sexual conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 15.051, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 15.051. [REQUIRING] POLYGRAPH EXAMINATION OF |
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COMPLAINANT PROHIBITED. |
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SECTION 2. Article 15.051(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A peace officer or an attorney representing the state |
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may not require, request, or take a polygraph examination of a |
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person who charges or seeks to charge in a complaint the commission |
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of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, |
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Penal Code. |
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SECTION 3. Article 56A.251(a), Code of Criminal Procedure, |
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is amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of |
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the 86th Legislature, Regular Session, 2019, and is further amended |
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to read as follows: |
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(a) If [Except as provided by Subsection (b), if] a sexual |
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assault is reported to a law enforcement agency within 120 [96] |
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hours after the assault, the law enforcement agency, with the |
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consent of the victim of the alleged assault, a person authorized to |
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act on behalf of the victim, or an employee of the Department of |
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Family and Protective Services, shall request a forensic medical |
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examination of the victim for use in the investigation or |
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prosecution of the offense. |
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SECTION 4. The heading to Subchapter H, Chapter 56A, Code of |
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Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING |
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FORENSIC MEDICAL EXAMINATION OR LAW ENFORCEMENT INTERVIEW |
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SECTION 5. Subchapter H, Chapter 56A, Code of Criminal |
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Procedure, is amended by adding Article 56A.3515 to read as |
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follows: |
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Art. 56A.3515. PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE |
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OR OTHER VICTIM'S REPRESENTATIVE DURING LAW ENFORCEMENT INTERVIEW. |
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(a) Before conducting an investigative interview with a victim |
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reporting a sexual assault, other than a victim who is a minor as |
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defined by Section 101.003, Family Code, the peace officer |
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conducting the interview shall offer the victim the opportunity to |
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have an advocate from a sexual assault program, as defined by |
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Section 420.003, Government Code, be present with the victim during |
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the interview, if the advocate is available at the time of the |
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interview. The advocate must have completed a sexual assault |
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training program described by Section 420.011(b), Government Code. |
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(b) If an advocate described by Subsection (a) is not |
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available at the time of the interview, the peace officer |
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conducting the interview shall offer the victim the opportunity to |
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have a crime victim liaison from the law enforcement agency, a peace |
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officer who has completed a sexual assault training program |
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described by Section 420.011(b), Government Code, or a victim's |
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assistance counselor from a state or local agency or other entity be |
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present with the victim during the interview. |
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(b-1) The peace officer conducting an investigative |
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interview described by Subsection (a) shall make a good faith |
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effort to comply with Subsections (a) and (b), except that the |
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officer's compliance with those subsections may not unreasonably |
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delay or otherwise impede the interview process. |
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(c) An advocate, liaison, officer, or counselor authorized |
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to be present during an interview under this article may only |
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provide the victim reporting the sexual assault with: |
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(1) counseling and other support services; and |
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(2) information regarding the rights of crime victims |
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under Subchapter B. |
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(d) The advocate, liaison, officer, or counselor and the |
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sexual assault program or other entity providing the advocate, |
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liaison, officer, or counselor may not delay or otherwise impede |
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the interview process. |
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(e) A sexual assault program providing an advocate under |
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Subsection (a) shall pay all costs associated with providing the |
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advocate. An entity providing a victim's assistance counselor |
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under Subsection (b) shall pay all costs associated with providing |
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the counselor. |
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(f) A peace officer or law enforcement agency that provides |
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an advocate, liaison, officer, or counselor with access to a victim |
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reporting a sexual assault is not subject to civil or criminal |
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liability for providing that access. |
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SECTION 6. Article 56A.352, Code of Criminal Procedure, is |
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amended by amending Subsections (b) and (d) and adding Subsection |
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(b-1) to read as follows: |
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(b) If a victim alleging to have sustained injuries as the |
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victim of a sexual assault was confined in a penal institution at |
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the time of the alleged assault, the penal institution shall |
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provide, at the victim's request, a representative to be present |
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with the victim: |
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(1) at any forensic medical examination conducted for |
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the purpose of collecting and preserving evidence related to the |
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investigation or prosecution of the alleged assault; and |
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(2) during an investigative interview conducted by a |
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peace officer in relation to the investigation of the alleged |
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assault. |
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(b-1) The representative provided by the penal institution |
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under Subsection (b) must: |
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(1) be approved by the penal institution; and |
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(2) be a: |
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(A) psychologist; |
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(B) sociologist; |
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(C) chaplain; |
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(D) social worker; |
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(E) case manager; or |
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(F) volunteer who has completed a sexual assault |
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training program described by Section 420.011(b), Government Code. |
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(d) A representative may not delay or otherwise impede: |
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(1) the screening or stabilization of an emergency |
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medical condition; or |
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(2) the interview process. |
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SECTION 7. The following provisions of the Code of Criminal |
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Procedure are repealed: |
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(1) Articles 15.051(b) and (c); and |
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(2) Article 56A.251(b). |
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SECTION 8. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 9. This Act takes effect September 1, 2021. |
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* * * * * |