SRC-SLL H.B. 1990 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1990
By: Naishtat (Barrientos)
Jurisprudence
5-13-97
Engrossed


DIGEST 

Public awareness of sexual assault has increased in the past few years, as
has the number of advocates who wish to provide services to sexual assault
survivors.  Currently, state law does not require that a communication
between a sexual assault advocate and a sexual assault victim remain
confidential.  This bill will provide regulations regarding advocates for
survivors of sexual assault and confidential communications, and provide a
criminal penalty. 

PURPOSE

As proposed, H.B. 1990 provides regulations regarding advocates for
survivors of sexual assault and confidential communications, and provides
a criminal penalty. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 44.003, Health and Safety Code, to define
"advocate."  Makes conforming changes. 

SECTION 2. Amends Chapter 44, Health and Safety Code, by adding
Subchapters C and D, as follows: 

SUBCHAPTER C.  ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT

Sec.  44.051.  ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.  Authorizes an
individual to act as an advocate for survivors of sexual assault if the
individual has completed a sexual assault training program certified by
the Texas Department of Health (department) and is employed by a sexual
assault program; or provided services through a sexual assault program as
a volunteer under the supervision of an advocate. 

SUBCHAPTER D.  CONFIDENTIAL COMMUNICATIONS

Sec.  44.071.  CONFIDENTIAL COMMUNICATIONS.  Sets forth regulations
regarding the confidentiality of communications between an advocate and a
survivor, or a person claiming to be a survivor of sexual assault. 

Sec.  44.072.  EXCEPTIONS.  Sets forth exceptions to the confidentiality
regulations under this subchapter. 

Sec.  44.073.  CONSENT.  Sets forth regulations regarding consent for the
release of confidential information. 

Sec.  44.074.  CRIMINAL SUBPOENA.  Authorizes a person to disclose a
communication or record that is confidential under this chapter for use in
a criminal investigation or proceeding in response to a subpoena issued in
accordance with law, notwithstanding any other provision of this chapter. 
 
Sec.  44.075.  OFFENSE.  Provides that a person commits a Class C
misdemeanor if the person intentionally or knowingly discloses a
communication or record that is confidential under this chapter, except as
provided by this chapter. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.