1-1 By: Zaffirini S.B. No. 224
1-2 (In the Senate - Filed January 16, 1995; January 18, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 28, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 28, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 224 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to reports of domestic violence.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Title 4, Family Code, is amended by adding
1-13 Chapter 73 to read as follows:
1-14 CHAPTER 73. REPORTING FAMILY VIOLENCE
1-15 Sec. 73.01 DEFINITIONS. In this chapter:
1-16 (1) "Family violence" has the meaning assigned by
1-17 Section 71.01.
1-18 (2) "Medical professional" means a licensed doctor,
1-19 nurse, physician assistant, or emergency medical technician.
1-20 Sec. 73.02. REPORTING BY WITNESSES ENCOURAGED. A person who
1-21 witnesses family violence is encouraged to report the family
1-22 violence to a local law enforcement agency.
1-23 Sec. 73.03. INFORMATION PROVIDED BY MEDICAL PROFESSIONALS.
1-24 (a) A medical professional who treats a person for injuries that
1-25 the medical professional has reason to believe were caused by
1-26 family violence shall:
1-27 (1) immediately provide the person with information
1-28 regarding the nearest family violence shelter center; and
1-29 (2) document in the person's medical file:
1-30 (A) information provided under Subdivision (1);
1-31 and
1-32 (B) reasons for the medical professional's
1-33 belief that the person's injuries were caused by family violence;
1-34 and
1-35 (3) give the person a written notice in substantially
1-36 the following form, with the required information in both English
1-37 and Spanish:
1-38 "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
1-39 "It is a crime for any person to cause you any physical
1-40 injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF
1-41 YOUR FAMILY OR HOUSEHOLD.
1-42 "You may report family violence to a law enforcement officer
1-43 by calling the following numbers:
1-44 _____________________
1-45 _____________________
1-46 "If you, your child, or any other household resident has been
1-47 injured, or if you feel you are going to be in danger after a law
1-48 enforcement officer investigating family violence leaves your
1-49 residence or at a later time, you have the right to:
1-50 "Ask the local prosecutor to file a criminal complaint
1-51 against the person committing family violence; and
1-52 "Apply to a court for an order to protect you (You may want
1-53 to consult with a legal aid office, a prosecuting attorney, or a
1-54 private attorney). A court can enter an order that:
1-55 "(1) prohibits the abuser from committing further acts
1-56 of violence;
1-57 "(2) prohibits the abuser from threatening, harassing,
1-58 or contacting you at home;
1-59 "(3) directs the abuser to leave your household; and
1-60 "(4) establishes temporary custody of the children or
1-61 any property.
1-62 "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED
1-63 PROTECTION MAY BE A FELONY.
1-64 "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS
1-65 IF YOU NEED PROTECTION:
1-66 _______________________
1-67 _______________________
1-68 _______________________"
2-1 Sec. 73.04. IMMUNITY. (a) Except as provided by Subsection
2-2 (b), a person who reports family violence under Section 73.02 or
2-3 provides information under Section 73.03 is immune from civil
2-4 liability that might otherwise be incurred or imposed.
2-5 (b) A person who reports the person's own conduct or who
2-6 otherwise reports family violence in bad faith is not protected
2-7 from liability under this section.
2-8 Sec. 73.05. APPLICATION OF CHAPTER. This chapter does not
2-9 affect a duty to report child abuse under Chapter 34.
2-10 SECTION 2. This Act takes effect September 1, 1995.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *