By Wise                                         H.B. No. 2497

      75R6097 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain confidential communications.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 38, Code of Criminal Procedure, is

 1-5     amended by adding Article 38.06 to read as follows:

 1-6           Art. 38.06.  COMMUNICATIONS TO VICTIM COUNSELOR.  (a)  In

 1-7     this article:

 1-8                 (1)  "Confidential communication" means a communication

 1-9     made privately and not intended for disclosure to a third person

1-10     except to another person present in furtherance of the purpose of

1-11     the communication.  The term includes a record or other document on

1-12     which the communication is reduced to a written form.

1-13                 (2)  "Victim counselor" means a person who has

1-14     successfully completed academic or other formal training in

1-15     counseling victims of crime and who treats victims of crime for an

1-16     emotional or psychological condition resulting from the crime.

1-17           (b)  The victim of a crime has a privilege to refuse to

1-18     disclose and to prevent another from disclosing a confidential

1-19     communication by the victim to a victim counselor for the purpose

1-20     of receiving victim counseling services.

1-21           (c)  If the victim of a crime is a person younger than 16

1-22     years of age, the parent or guardian of the victim may assert the

1-23     privilege on behalf of the victim unless the parent or guardian is

1-24     accused of committing the crime.  If a parent or guardian of the

 2-1     victim of a crime who is younger than 16 years of age is accused of

 2-2     committing the crime, a guardian appointed by the court to

 2-3     represent the best interests of the victim may assert the privilege

 2-4     on behalf of the victim.

 2-5           SECTION 2.  (a)  This Act takes effect September 1, 1997, and

 2-6     applies to any communication made to a victim counselor on or after

 2-7     September 1, 1997.

 2-8           (b)  To the extent of any conflict between Article 38.06,

 2-9     Code of Criminal Procedure, as added by this Act, and Rule 509,

2-10     Texas Rules of Criminal Evidence, Article 38.06 controls.

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.