1-1     By:  Naishtat, et al. (Senate Sponsor - Barrientos)   H.B. No. 1990

 1-2           (In the Senate - Received from the House May 8, 1997;

 1-3     May 9, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 16, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 6, Nays 0; May 16, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Duncan

 1-7     Amend H.B. No. 1990 as follows:

 1-8           On page 2, line 60, strike "may" and substitute "shall".

 1-9                            A BILL TO BE ENTITLED

1-10                                   AN ACT

1-11     relating to advocates for survivors of sexual assault and to

1-12     confidential communications; providing a criminal penalty.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Section 44.003, Health and Safety Code, is

1-15     amended to read as follows:

1-16           Sec. 44.003.  Definitions.  In this chapter:

1-17                 (1)  "Advocate" means a person who provides advocacy

1-18     services as an employee or volunteer of a sexual assault program.

1-19                 (2)  "Program" means a sexual assault program.

1-20                 (3) [(2)]  "Service" means the Sexual Assault

1-21     Prevention and Crisis Service.

1-22                 (4) [(3)]  "Sexual assault" means any act or attempted

1-23     act as described by Section 21.11, 22.011, 22.021, or 25.02, Penal

1-24     Code, or a sexual assault in which the spouse of the victim is the

1-25     actor.

1-26                 (5) [(4)]  "Sexual assault program" means any local

1-27     public or private nonprofit corporation, independent of a law

1-28     enforcement agency or prosecutor's office, that is operated as an

1-29     independent program or as part of a municipal, county, or state

1-30     agency and that provides the minimum services established by this

1-31     chapter.

1-32                 (6) [(5)]  "Survivor" means an individual who is a

1-33     victim of a sexual assault, regardless of whether a report or

1-34     conviction is made in the incident.

1-35           SECTION 2.  Chapter 44, Health and Safety Code, is amended by

1-36     adding Subchapters C and D to read as follows:

1-37          SUBCHAPTER C.  ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT

1-38           Sec. 44.051.  ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.  An

1-39     individual may act as an advocate for survivors of sexual assault

1-40     if the individual has completed a sexual assault training program

1-41     certified by the department and:

1-42                 (1)  is employed by a sexual assault program; or

1-43                 (2)  provides services through a sexual assault program

1-44     as a volunteer under the supervision of an advocate.

1-45               (Sections 44.052-44.070 reserved for expansion

1-46                 SUBCHAPTER D.  CONFIDENTIAL COMMUNICATIONS

1-47           Sec. 44.071.  CONFIDENTIAL COMMUNICATIONS.  (a)  A

1-48     communication between an advocate and a survivor, or a person

1-49     claiming to be a survivor, that is made in the course of providing

1-50     sexual assault advocacy services to the survivor is confidential

1-51     and may not be disclosed except as provided by this subchapter.

1-52           (b)  A record of the identity, personal history, or

1-53     background information of a survivor or information concerning the

1-54     victimization of a survivor that is created by or provided to an

1-55     advocate or maintained by a sexual assault program is confidential

1-56     and may not be disclosed except as provided by this subchapter.

1-57           (c)  A person who receives information from a confidential

1-58     communication or record as described by this subchapter may not

1-59     disclose the information except to the extent that disclosure is

1-60     consistent with the authorized purposes for which the information

1-61     was obtained.

1-62           (d)  This subchapter governs a confidential communication or

1-63     record concerning a survivor regardless of when the survivor

1-64     received the services of an advocate or sexual assault program.

 2-1           Sec. 44.072.  EXCEPTIONS.  (a)  A communication or record

 2-2     that is confidential under this subchapter may be disclosed in

 2-3     court or in an administrative proceeding if:

 2-4                 (1)  the proceeding is brought by the survivor against

 2-5     an advocate or a sexual assault program or is a criminal proceeding

 2-6     or a certification revocation proceeding in which disclosure is

 2-7     relevant to the claims or defense of the advocate or sexual assault

 2-8     program; or

 2-9                 (2)  the survivor or a person authorized to act on

2-10     behalf of the survivor consents in writing to the release of the

2-11     confidential information as provided by Section 44.073.

2-12           (b)  A communication or record that is confidential under

2-13     this subchapter may be disclosed only to:

2-14                 (1)  medical or law enforcement personnel if the

2-15     advocate determines that there is a probability of imminent

2-16     physical danger to any person for whom the communication or record

2-17     is relevant or if there is a probability of immediate mental or

2-18     emotional injury to the survivor;

2-19                 (2)  a governmental agency if the disclosure is

2-20     required or authorized by law;

2-21                 (3)  a qualified person to the extent necessary for a

2-22     management audit, financial audit, program evaluation, or research,

2-23     except that a report of the research, audit, or evaluation may not

2-24     directly or indirectly identify a survivor;

2-25                 (4)  a person who has the written consent of the

2-26     survivor or of a person authorized to act on the survivor's behalf

2-27     as provided by Section 44.073; or

2-28                 (5)  an advocate or a person under the supervision of a

2-29     counseling supervisor who is participating in the evaluation or

2-30     counseling of or advocacy for the survivor.

2-31           (c)  A communication or record that is confidential under

2-32     this subchapter may not be disclosed to a parent or legal guardian

2-33     of a survivor who is a minor if an advocate or a sexual assault

2-34     program knows or has reason to believe that the parent or legal

2-35     guardian of the survivor is a suspect in the sexual assault of the

2-36     survivor.

2-37           Sec. 44.073.  CONSENT.  (a)  Consent for the release of

2-38     confidential information must be in writing and signed by the

2-39     survivor, a parent or legal guardian if the survivor is a minor, a

2-40     legal guardian if the survivor has been adjudicated incompetent to

2-41     manage the survivor's personal affairs, an attorney ad litem

2-42     appointed for the survivor, or a personal representative if the

2-43     survivor is deceased.  The written consent must specify:

2-44                 (1)  the information or records covered by the release;

2-45                 (2)  the reason or purpose for the release; and

2-46                 (3)  the person to whom the information is to be

2-47     released.

2-48           (b)  A survivor or other person authorized to consent may

2-49     withdraw consent to the release of information by submitting a

2-50     written notice of withdrawal to the person or program to which

2-51     consent was provided.  Withdrawal of consent does not affect

2-52     information disclosed before the date written notice of the

2-53     withdrawal was received.

2-54           (c)  A person who receives information made confidential by

2-55     this chapter may not disclose the information except to the extent

2-56     that disclosure is consistent with the authorized purposes for

2-57     which the person obtained the information.

2-58           Sec. 44.074.  CRIMINAL SUBPOENA.  Notwithstanding any other

2-59     provision of this chapter, a person may disclose a communication or

2-60     record that is confidential under this chapter for use in a

2-61     criminal investigation or proceeding in response to a subpoena

2-62     issued in accordance with law.

2-63           Sec. 44.075.  OFFENSE.  A person commits an offense if the

2-64     person intentionally or knowingly discloses a communication or

2-65     record that is confidential under this chapter, except as provided

2-66     by this chapter.  An offense under this section is a Class C

2-67     misdemeanor.

2-68           SECTION 3.  This Act takes effect September 1, 1997.

2-69           SECTION 4.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

 3-3     constitutional rule requiring bills to be read on three several

 3-4     days in each house be suspended, and this rule is hereby suspended.

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