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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of strangulation, |
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rehabilitation of offenders and services for victims of |
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strangulation, and procedures for law enforcement responding to a |
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call alleging strangulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as "Dianna's Law." |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.33 to read as follows: |
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Art. 2.33. PROCEDURES FOR RESPONDING TO CALLS INVOLVING |
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ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In this article: |
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(1) "Emergency medical services personnel" has the |
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meaning assigned by Section 773.003, Health and Safety Code. |
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(2) "Strangulation" means impeding the normal |
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breathing or circulation of the blood of a person by applying |
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pressure to the person's throat or neck or by blocking the person's |
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nose or mouth. |
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(b) A peace officer who responds to a call for service that |
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involves an alleged or suspected act of strangulation shall: |
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(1) request assistance from emergency medical |
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services personnel to evaluate and render aid to the victim of |
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strangulation; |
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(2) request assistance from a licensed clinical social |
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worker to assess the situation at the scene; and |
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(3) provide the victim with referral information to |
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the appropriate support agency for purposes of receiving additional |
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assistance. |
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(c) Notwithstanding any other law, a peace officer or |
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licensed clinical social worker summoned to the scene may file an |
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application on behalf of the victim for: |
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(1) a protective order under Title 4, Family Code, or |
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Chapter 7B of this code; or |
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(2) a magistrate's order for emergency protection |
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under Article 17.292 of this code. |
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SECTION 3. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0132 to read as follows: |
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Art. 42.0132. FINDING OF STRANGULATION. (a) In this |
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article, "strangulation" has the meaning assigned by Article 2.33. |
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(b) In the trial of an offense under Title 5, Penal Code, if |
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the court determines that the offense involved strangulation, the |
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court shall make an affirmative finding of that fact and enter the |
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affirmative finding in the judgment of the case. |
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SECTION 4. Article 42A.504, Code of Criminal Procedure, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) If the court grants community supervision to a |
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defendant convicted of an offense for which the court has made |
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affirmative findings under both Articles 42.013 and 42.0132, the |
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court shall require the defendant to participate in one or more of |
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the following to prevent recidivism: |
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(1) a battering intervention and prevention program or |
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counseling with a provider of battering intervention and prevention |
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services if the program or provider has been accredited under |
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Section 4A, Article 42.141, as conforming to program guidelines |
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under that article; |
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(2) counseling sessions for the elimination of violent |
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behavior with a licensed counselor, social worker, or other |
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professional who has completed family violence intervention |
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training that the community justice assistance division of the |
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Texas Department of Criminal Justice has approved, after |
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consultation with the licensing authorities described by Chapters |
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152, 501, 502, 503, and 505, Occupations Code, and experts in the |
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field of family violence; |
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(3) treatment for substance abuse or chemical |
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dependency in a program or facility approved or licensed by the |
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Department of State Health Services; or |
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(4) outpatient or inpatient mental health treatment |
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under Article 42A.506. |
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SECTION 5. Subtitle B, Title 2, Health and Safety Code, is |
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amended by adding Chapter 53 to read as follows: |
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CHAPTER 53. TASK FORCE ON FAMILY VIOLENCE |
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Sec. 53.0001. DEFINITION. In this chapter, "task force" |
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means the task force on family violence. |
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Sec. 53.0002. ESTABLISHMENT; PRESIDING OFFICER. (a) The |
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task force is composed of seven members appointed by the executive |
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commissioner. |
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(b) The executive commissioner shall appoint a task force |
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member to serve as presiding officer of the task force. |
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Sec. 53.0003. DUTIES OF TASK FORCE. The task force shall |
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meet at the call of the presiding officer to: |
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(1) examine best practices for rehabilitation of |
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family violence offenders to prevent recidivism; |
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(2) examine best practices for supporting victims of |
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family violence with: |
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(A) counseling and other mental health services; |
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(B) financial, educational, and professional |
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development resources to support independence from a family |
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violence offender; and |
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(C) assistance through the legal process; and |
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(3) create recommendations for policies that state |
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agencies and private entities may adopt to assist victims of family |
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violence. |
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Sec. 53.0004. REPORT. Not later than September 1 of each |
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even-numbered year, the task force shall submit to the governor, |
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the lieutenant governor, the speaker of the house of |
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representatives, the presiding officers of the standing committees |
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of the legislature having primary jurisdiction over health and |
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human services, the executive commissioner, and the commissioner a |
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report containing: |
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(1) the findings and the legislative, policy, and |
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research recommendations of the task force; and |
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(2) a description of the activities of the task force. |
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SECTION 6. Section 19.02, Penal Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) It is a rebuttable presumption that the actor intends to |
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cause the death of an individual if the actor causes serious bodily |
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injury to the individual by impeding the normal breathing or |
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circulation of the blood of the individual by applying pressure to |
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the individual's throat or neck or by blocking the person's nose or |
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mouth. |
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SECTION 7. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 8. Not later than January 1, 2022, the executive |
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commissioner of the Health and Human Services Commission shall |
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appoint the members to the task force on family violence as required |
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by Section 53.0002, Health and Safety Code, as added by this Act. |
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SECTION 9. This Act takes effect September 1, 2021. |