By: Zaffirini S.B. No. 224
A BILL TO BE ENTITLED
AN ACT
1-1 relating to reports of domestic violence.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Title 4, Family Code, is amended by adding
1-4 Chapter 73 to read as follows:
1-5 CHAPTER 73. REPORTING FAMILY VIOLENCE
1-6 Sec. 73.01. DEFINITIONS. In this chapter:
1-7 (1) "Family violence" has the meaning assigned by
1-8 Section 71.01.
1-9 (2) "Medical professional" means a licensed doctor,
1-10 nurse, physician assistant, or emergency medical technician.
1-11 Sec. 73.02. REPORTING BY WITNESSES ENCOURAGED. A person who
1-12 witnesses family violence is encouraged to report the family
1-13 violence to a local law enforcement agency.
1-14 Sec. 73.03. INFORMATION PROVIDED BY MEDICAL PROFESSIONALS.
1-15 (a) A medical professional who treats a person for injuries that
1-16 the medical professional has reason to believe were caused by
1-17 family violence shall:
1-18 (1) immediately provide the person with information
1-19 regarding the nearest family violence shelter center; and
1-20 (2) document in the person's medical file:
1-21 (A) information provided under Subdivision (1);
1-22 and
1-23 (B) reasons for the medical professional's
1-24 belief that the person's injuries were caused by family violence;
2-1 and
2-2 (3) give the person a written notice in substantially
2-3 the following form, with the required information in both English
2-4 and Spanish:
2-5 "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
2-6 "It is a crime for any person to cause you any physical
2-7 injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF
2-8 YOUR FAMILY OR HOUSEHOLD.
2-9 "You may report family violence to a law enforcement officer
2-10 by calling the following numbers:
2-11 _____________________
2-12 _____________________
2-13 "If you, your child, or any other household resident has been
2-14 injured, or if you feel you are going to be in danger after a law
2-15 enforcement officer investigating family violence leaves your
2-16 residence or at a later time, you have the right to:
2-17 "Ask the local prosecutor to file a criminal complaint
2-18 against the person committing family violence; and
2-19 "Apply to a court for an order to protect you (You may want
2-20 to consult with a legal aid office, a prosecuting attorney, or a
2-21 private attorney). A court can enter an order that:
2-22 "(1) prohibits the abuser from committing further acts
2-23 of violence;
2-24 "(2) prohibits the abuser from threatening, harassing,
2-25 or contacting you at home;
2-26 "(3) directs the abuser to leave your household; and
2-27 "(4) establishes temporary custody of the children or
3-1 any property.
3-2 "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED
3-3 PROTECTION MAY BE A FELONY.
3-4 "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS
3-5 IF YOU NEED PROTECTION:
3-6 _______________________
3-7 _______________________
3-8 _______________________"
3-9 Sec. 73.04. IMMUNITY. (a) Except as provided by Subsection
3-10 (b), a person who reports family violence under Section 73.02 or
3-11 provides information under Section 73.03 is immune from civil
3-12 liability that might otherwise be incurred or imposed.
3-13 (b) A person who reports the person's own conduct or who
3-14 otherwise reports family violence in bad faith is not protected
3-15 from liability under this section.
3-16 Sec. 73.05. APPLICATION OF CHAPTER. This chapter does not
3-17 affect a duty to report child abuse under Chapter 34.
3-18 SECTION 2. This Act takes effect September 1, 1995.
3-19 SECTION 3. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.