By:  Lucio                                            S.B. No. 1175
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to advocates for survivors of sexual assault and to
    1-2  confidential communications; providing a criminal penalty.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 44.003, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 44.003.  Definitions.  In this chapter:
    1-7              (1)  "Advocate" means a person who provides advocacy
    1-8  services as an employee or volunteer of a sexual assault program.
    1-9              (2)  "Program" means a sexual assault program.
   1-10              (3) <(2)>  "Service" means the Sexual Assault
   1-11  Prevention and Crisis Service.
   1-12              (4) <(3)>  "Sexual assault" means any act or attempted
   1-13  act as described by Section 21.11, 22.011, 22.021, or 25.02, Penal
   1-14  Code, or a sexual assault in which the spouse of the victim is the
   1-15  actor.
   1-16              (5) <(4)>  "Sexual assault program" means any local
   1-17  public or private nonprofit corporation, independent of a law
   1-18  enforcement agency or prosecutor's office, that is operated as an
   1-19  independent program or as part of a municipal, county, or state
   1-20  agency and that provides the minimum services established by this
   1-21  chapter.
   1-22              (6) <(5)>  "Survivor" means an individual who is a
   1-23  victim of a sexual assault, regardless of whether a report or
    2-1  conviction is made in the incident.
    2-2        SECTION 2.  Chapter 44, Health and Safety Code, is amended by
    2-3  adding Subchapters C and D to read as follows:
    2-4       SUBCHAPTER C.  ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT
    2-5        Sec. 44.051.  ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.  An
    2-6  individual may act as an advocate for survivors of sexual assault
    2-7  if the individual is determined by the department as minimally
    2-8  competent to be an advocate for survivors of sexual assault and:
    2-9              (1)  is employed by a certified sexual assault program;
   2-10  or
   2-11              (2)  provides services through a sexual assault program
   2-12  as a volunteer under the supervision of an advocate.
   2-13        Sec. 44.052.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION.
   2-14  A certified sexual assault program is entitled to obtain from the
   2-15  Department of Public Safety of the State of Texas criminal history
   2-16  record information that relates to a person who is an employee, an
   2-17  employee applicant, an advocate, or an advocate applicant of the
   2-18  program in the same manner as a volunteer center may obtain that
   2-19  information under Section 411.126, Government Code.
   2-20        Sec. 44.053.  CERTIFICATION OF TRAINING PROGRAMS.  (a)  The
   2-21  board by rule may adopt minimum standards for certifying training
   2-22  programs for advocates and for the revocation, suspension, or
   2-23  probation of a certification issued under this section.
   2-24        (b)  Subchapters C through G, Chapter 2001, Government Code,
   2-25  do not apply to the denial of approval, approval, revocation,
    3-1  suspension, or placement on probation of a training program.  The
    3-2  department shall conduct a hearing in accordance with rules adopted
    3-3  by the board.  The rules must provide for notice to an affected
    3-4  party.
    3-5          (Sections 44.054 to 44.070 reserved for expansion
    3-6              SUBCHAPTER D.  CONFIDENTIAL COMMUNICATIONS
    3-7        Sec. 44.071.  CONFIDENTIAL COMMUNICATIONS.  (a)  A
    3-8  communication between an advocate and a survivor, or a person
    3-9  claiming to be a survivor, that is made in the course of providing
   3-10  sexual assault advocacy services to the survivor is confidential
   3-11  and privileged and may not be disclosed except as provided by this
   3-12  subchapter.
   3-13        (b)  A record of the identity, personal history, or
   3-14  background information of a survivor or information concerning the
   3-15  victimization of a survivor that is created by or provided to an
   3-16  advocate or maintained by a sexual assault program is confidential
   3-17  and privileged and may not be disclosed except as provided by this
   3-18  subchapter.
   3-19        (c)  A person who receives information from a confidential
   3-20  communication or record as described by this subchapter may not
   3-21  disclose the information except to the extent that disclosure is
   3-22  consistent with the authorized purposes for which the information
   3-23  was obtained.
   3-24        (d)  This subchapter governs a confidential communication or
   3-25  record concerning a survivor regardless of when the survivor
    4-1  received the services of an advocate or sexual assault program.
    4-2        (e)  Notwithstanding Rule 501, Texas Rules of Criminal
    4-3  Evidence, and Rule 501, Texas Rules of Civil Evidence, the
    4-4  privilege of confidentiality may be claimed in a criminal, civil,
    4-5  or administrative proceeding and may be claimed by the survivor or
    4-6  an advocate acting on the survivor's behalf.
    4-7        (f)  If an advocate claims the privilege of confidentiality
    4-8  on behalf of a survivor, the authority to do so is presumed to
    4-9  exist in the absence of evidence to the contrary.
   4-10        Sec. 44.072.  EXCEPTIONS.  (a)  A communication or record
   4-11  that is privileged under this subchapter may be disclosed in court
   4-12  or in an administrative proceeding if:
   4-13              (1)  the proceeding is brought by the survivor against
   4-14  an advocate or a sexual assault program or is a criminal proceeding
   4-15  or a certification revocation proceeding in which disclosure is
   4-16  relevant to the claims or defense of the advocate or sexual assault
   4-17  program; or
   4-18              (2)  the survivor or a person authorized to act on
   4-19  behalf of the survivor consents in writing to the release of the
   4-20  confidential information as provided by Section 44.073.
   4-21        (b)  A communication or record that is confidential under
   4-22  this subchapter may be disclosed only to:
   4-23              (1)  medical or law enforcement personnel if the
   4-24  advocate determines that there is a probability of imminent
   4-25  physical danger to any person for whom the communication or record
    5-1  is relevant or if there is a probability of immediate mental or
    5-2  emotional injury to the survivor;
    5-3              (2)  a governmental agency if the disclosure is
    5-4  required or authorized by law;
    5-5              (3)  a qualified person to the extent necessary for a
    5-6  management audit, financial audit, program evaluation, or research,
    5-7  except that a report of the research, audit, or evaluation may not
    5-8  directly or indirectly identify a survivor;
    5-9              (4)  a person who has the written consent of the
   5-10  survivor or of a person authorized to act on the survivor's behalf
   5-11  as provided by Section 44.073; or
   5-12              (5)  an advocate or a person under the supervision of a
   5-13  counseling supervisor who is participating in the evaluation or
   5-14  counseling of or advocacy for the survivor.
   5-15        (c)  A communication or record that is confidential under
   5-16  this subchapter may not be disclosed to a parent or legal guardian
   5-17  of a survivor who is a minor if an advocate or a sexual assault
   5-18  program knows or has reason to believe that the parent or legal
   5-19  guardian of the survivor is a suspect in the sexual assault of the
   5-20  survivor.
   5-21        Sec. 44.073.  CONSENT.  (a)  Consent for the release of
   5-22  confidential information must be in writing and signed by the
   5-23  survivor, a parent or legal guardian if the survivor is a minor, a
   5-24  legal guardian if the survivor has been adjudicated incompetent to
   5-25  manage the survivor's personal affairs, an attorney ad litem
    6-1  appointed for the survivor, or a personal representative if the
    6-2  survivor is deceased.  The written consent must specify:
    6-3              (1)  the information or records covered by the release;
    6-4              (2)  the reason or purpose for the release; and
    6-5              (3)  the person to whom the information is to be
    6-6  released.
    6-7        (b)  A survivor or other person authorized to consent may
    6-8  withdraw consent to the release of information by submitting a
    6-9  written notice of withdrawal to the person or program to which
   6-10  consent was provided.  Withdrawal of consent does not affect
   6-11  information disclosed before the date written notice of the
   6-12  withdrawal was received.
   6-13        (c)  A person who receives information made confidential by
   6-14  this chapter may not disclose the information except to the extent
   6-15  that disclosure is consistent with the authorized purposes for
   6-16  which the person obtained the information.
   6-17        Sec. 44.074.  OFFENSE.  A person commits an offense if the
   6-18  person intentionally or knowingly discloses a communication or
   6-19  record that is confidential under this chapter, except as provided
   6-20  by this chapter.  An offense under this section is a Class C
   6-21  misdemeanor.
   6-22        SECTION 3.  This Act takes effect September 1, 1995.
   6-23        SECTION 4.  The importance of this legislation and the
   6-24  crowded condition of the calendars in both houses create an
   6-25  emergency and an imperative public necessity that the
    7-1  constitutional rule requiring bills to be read on three several
    7-2  days in each house be suspended, and this rule is hereby suspended.