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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice given to certain victims of family violence, |
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stalking, harassment, or terroristic threat. |
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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 the Natalia Cox Act. |
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SECTION 2. Subtitle E, Title 2, Human Resources Code, is |
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amended by adding Chapter 51A to read as follows: |
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CHAPTER 51A. NOTICE TO VICTIMS OF FAMILY VIOLENCE, STALKING, |
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HARASSMENT, OR TERRORISTIC THREAT |
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Sec. 51A.001. DEFINITIONS. In this chapter: |
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(1) "Family" has the meaning assigned by Section |
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71.003, Family Code. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(3) "Harassment" means any conduct that constitutes an |
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offense under Section 42.07, Penal Code. |
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(4) "Household" has the meaning assigned by Section |
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71.005, Family Code. |
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(5) "Member of a household" has the meaning assigned |
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by Section 71.006, Family Code. |
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(6) "Stalking" means any conduct that constitutes an |
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offense under Section 42.072, Penal Code. |
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(7) "Terroristic threat" means any conduct that |
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constitutes an offense under Section 22.07, Penal Code. |
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Sec. 51A.002. APPLICABILITY TO VICTIMS OF CERTAIN OFFENSES. |
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This chapter applies to a victim of family violence, stalking, |
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harassment, or terroristic threat, including: |
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(1) an adult member of a family or household who is |
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subjected to an act of family violence; |
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(2) a member of the household of the adult described by |
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Subdivision (1), other than the member of the household who commits |
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the act of family violence; and |
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(3) a person who is subjected to conduct constituting |
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stalking, harassment, or terroristic threat. |
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Sec. 51A.003. NOTICE TO VICTIMS. (a) The commission by rule |
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shall adopt a written notice to be provided to victims of family |
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violence, stalking, harassment, or terroristic threat to assist |
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those victims in obtaining services. The commission shall use best |
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practices in creating the written notice. |
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(b) The notice adopted under this section must include the |
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following in both English and Spanish: |
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(1) a statement that it is a criminal offense for any |
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person, including a member of the family or former member of the |
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family, to cause physical injury or harm to a victim or to engage in |
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conduct constituting stalking, harassment, or terroristic threat |
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toward a victim; |
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(2) a list of agencies and social organizations that |
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the victim may contact for assistance with safety planning, |
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shelter, or protection; |
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(3) contact information for: |
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(A) the National Domestic Violence Hotline; |
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(B) victim support services at the Department of |
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Public Safety; and |
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(C) the commission's family violence program; |
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and |
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(4) information regarding the legal rights of a |
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victim, including information regarding: |
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(A) the filing of criminal charges and obtaining |
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a protective order or a magistrate's order for emergency |
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protection; and |
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(B) the ability of a tenant who is a victim of |
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family violence to vacate a dwelling and terminate a residential |
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lease. |
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(c) The notice adopted under this section may include any |
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other information the commission considers useful to a victim of |
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family violence, stalking, harassment, or terroristic threat. |
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(d) The commission shall periodically update the notice |
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required under this section. |
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(e) The commission shall make the notice adopted under this |
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section available on the commission's Internet website in both |
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English and Spanish. |
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SECTION 3. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.1398 to read as follows: |
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Art. 2.1398. DUTIES OF PEACE OFFICER INVESTIGATING |
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STALKING, HARASSMENT, OR TERRORISTIC THREAT. (a) In this article: |
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(1) "Harassment" means any conduct that constitutes an |
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offense under Section 42.07, Penal Code. |
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(2) "Stalking" means any conduct that constitutes an |
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offense under Section 42.072, Penal Code. |
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(3) "Terroristic threat" means any conduct that |
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constitutes an offense under Section 22.07, Penal Code. |
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(b) A peace officer who investigates an allegation of |
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stalking, harassment, or terroristic threat shall advise any |
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possible adult victim of all reasonable means to prevent the |
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occurrence of further offenses, including by providing the written |
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notice adopted by the Health and Human Services Commission under |
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Section 51A.003, Human Resources Code. In addition to the required |
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notice under this subsection, a peace officer may provide to the |
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possible victim any available written information regarding local |
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resources for victims of stalking, harassment, or terroristic |
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threat. |
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SECTION 4. Article 5.04(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A peace officer who investigates a family violence |
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allegation or who responds to a disturbance call that may involve |
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family violence shall advise any possible adult victim of all |
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reasonable means to prevent further family violence, including by |
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providing the [giving] written notice adopted by the Health and |
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Human Services Commission under Section 51A.003, Human Resources |
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Code [of a victim's legal rights and remedies and of the |
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availability of shelter or other community services for family |
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violence victims]. In addition to the required notice under this |
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subsection, a peace officer may provide to the possible victim any |
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available written information regarding local resources for |
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victims of family violence. |
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SECTION 5. Subchapter E-3, Chapter 51, Education Code, is |
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amended by adding Section 51.2825 to read as follows: |
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Sec. 51.2825. CERTAIN DUTIES OF CAMPUS PEACE OFFICER |
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INVESTIGATING FAMILY VIOLENCE, STALKING, HARASSMENT, OR |
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TERRORISTIC THREAT. (a) In this section: |
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(1) "Campus peace officer" means a peace officer |
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commissioned under Section 51.203 or 51.212. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(3) "Harassment" means any conduct that constitutes an |
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offense under Section 42.07, Penal Code. |
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(4) "Stalking" means any conduct that constitutes an |
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offense under Section 42.072, Penal Code. |
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(5) "Terroristic threat" means any conduct that |
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constitutes an offense under Section 22.07, Penal Code. |
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(b) A campus peace officer who responds to a disturbance |
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call that may involve family violence or investigates an allegation |
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of family violence, stalking, harassment, or terroristic threat |
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shall advise any possible adult victim of all reasonable means to |
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prevent the occurrence of further offenses, including by providing |
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the written notice adopted by the Health and Human Services |
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Commission under Section 51A.003, Human Resources Code. In |
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addition to the required notice under this subsection, a campus |
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peace officer shall provide to the possible victim any available |
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written information regarding campus and local resources for |
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victims of family violence, stalking, harassment, or terroristic |
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threat. |
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SECTION 6. Section 91.003, Family Code, is amended to read |
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as follows: |
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Sec. 91.003. INFORMATION PROVIDED BY MEDICAL |
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PROFESSIONALS. A medical professional who treats a person for |
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injuries that the medical professional has reason to believe were |
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caused by family violence shall: |
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(1) immediately provide the person with information |
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regarding the nearest family violence shelter center; |
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(2) document in the person's medical file: |
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(A) the fact that the person has received the |
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information provided under Subdivision (1); and |
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(B) the reasons for the medical professional's |
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belief that the person's injuries were caused by family violence; |
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and |
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(3) give the person the [a] written notice adopted by |
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the Health and Human Services Commission under Section 51A.003, |
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Human Resources Code [in substantially the following form, |
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completed with the required information, in both English and |
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Spanish: |
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["It is a crime for any person to cause you any physical injury or |
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harm even if that person is a member or former member of your family |
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or household]. |
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["NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE |
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["You may report family violence to a law enforcement officer by |
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calling the following telephone numbers: |
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_____________________________. |
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["If you, your child, or any other household resident has been |
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injured or if you feel you are going to be in danger after a law |
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enforcement officer investigating family violence leaves your |
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residence or at a later time, you have the right to: |
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["Ask the local prosecutor to file a criminal complaint |
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against the person committing family violence; and |
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["Apply to a court for an order to protect you. You may want |
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to consult with a legal aid office, a prosecuting attorney, or a |
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private attorney. A court can enter an order that: |
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["(1) prohibits the abuser from committing further |
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acts of violence; |
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["(2) prohibits the abuser from threatening, |
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harassing, or contacting you at home; |
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["(3) directs the abuser to leave your household; and |
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["(4) establishes temporary custody of the children or |
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any property. |
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["A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY |
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BE A FELONY. |
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["CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF |
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YOU NEED PROTECTION: _____________________________."] |
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SECTION 7. Article 5.04(c), Code of Criminal Procedure, is |
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repealed. |
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SECTION 8. Not later than December 1, 2023, the Health and |
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Human Services Commission shall adopt and make available the notice |
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required by Chapter 51A, Human Resources Code, as added by this Act. |
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SECTION 9. Article 2.1398, Code of Criminal Procedure, as |
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added by this Act, Article 5.04, Code of Criminal Procedure, as |
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amended by this Act, and Section 51.2825, Education Code, as added |
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by this Act, apply only to a peace officer's or campus peace |
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officer's investigation or response that occurs on or after January |
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1, 2024. An investigation or response that occurs before January 1, |
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2024, is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 10. Section 91.003, Family Code, as amended by this |
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Act, applies only to medical treatment provided on or after January |
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1, 2024. Medical treatment provided before January 1, 2024, is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |