1-1 AN ACT
1-2 relating to the administration of the Sexual Assault Prevention and
1-3 Crisis Service.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 44, Health and Safety Code, is
1-6 redesignated as Chapter 420, Government Code, and amended to read
1-7 as follows:
1-8 CHAPTER 420 [44]. SEXUAL ASSAULT PREVENTION
1-9 AND CRISIS SERVICES
1-10 SUBCHAPTER A. GENERAL PROVISIONS
1-11 Sec. 420.001 [44.001]. SHORT TITLE. This chapter may be
1-12 cited as the Sexual Assault Prevention and Crisis Services Act.
1-13 Sec. 420.002 [44.002]. PURPOSE. The purpose of this chapter
1-14 is to promote the development throughout the state of locally based
1-15 and supported nonprofit programs for the survivors of sexual
1-16 assault and to standardize the quality of services provided.
1-17 Sec. 420.003 [44.003]. DEFINITIONS. In this chapter:
1-18 (1) "Program" means a sexual assault program.
1-19 (2) "Service" means the Sexual Assault Prevention and
1-20 Crisis Service.
1-21 (3) "Sexual assault" means any act or attempted act as
1-22 described by Section 21.11, 22.011, 22.021, or 25.02, Penal Code[,
1-23 or a sexual assault in which the spouse of the victim is the
1-24 actor].
2-1 (4) "Sexual assault examiner" means a person who uses
2-2 a service-approved evidence collection kit and protocol to collect
2-3 and preserve evidence of a sexual assault or other sex offense.
2-4 (5) "Sexual assault nurse examiner" means a registered
2-5 nurse who has completed a service-approved examiner training
2-6 course.
2-7 (6) "Sexual assault program" means any local public or
2-8 private nonprofit corporation, independent of a law enforcement
2-9 agency or prosecutor's office, that is operated as an independent
2-10 program or as part of a municipal, county, or state agency and that
2-11 provides the minimum services established by this chapter.
2-12 (7) [(5)] "Survivor" means an individual who is a
2-13 victim of a sexual assault, regardless of whether a report or
2-14 conviction is made in the incident.
2-15 Sec. 420.004 [44.004]. SERVICE. (a) The Sexual Assault
2-16 Prevention and Crisis Service is a division in the office of the
2-17 attorney general [is in the department].
2-18 (b) The attorney general [board] may adopt rules relating to
2-19 assigning service areas, monitoring services, distributing funds,
2-20 and collecting information from programs in accordance with this
2-21 chapter.
2-22 Sec. 420.005 [44.005]. GRANTS. (a) The attorney general
2-23 [department] may award grants to programs for maintaining or
2-24 expanding existing services. A grant may not result in the
2-25 reduction of the financial support a program receives from another
2-26 source.
2-27 (b) To be eligible for a grant, a program must provide at a
3-1 minimum:
3-2 (1) a 24-hour crisis hotline;
3-3 (2) crisis intervention [counseling];
3-4 (3) public education;
3-5 (4) advocacy and accompaniment to hospitals, law
3-6 enforcement offices, prosecutors' offices, and courts for survivors
3-7 and their family members; and
3-8 (5) [professional training on sexual assault for law
3-9 enforcement, medical and mental health personnel, prosecutors, and
3-10 educators;]
3-11 [(6)] crisis intervention volunteer training[; and]
3-12 [(7) liaison with law enforcement and medical
3-13 personnel and prosecutors on behalf of survivors].
3-14 (c) The attorney general [board] by rule shall require a
3-15 program receiving a grant to:
3-16 (1) submit quarterly and annual financial reports to
3-17 the attorney general [department];
3-18 (2) submit to an annual independent financial audit;
3-19 (3) cooperate with the attorney general [department]
3-20 during site-monitoring visits; and
3-21 (4) offer the minimum services described by Subsection
3-22 (b) for at least nine months before receiving a grant.
3-23 (d) This section does not prohibit a program from offering
3-24 any additional service, including a service for sexual assault
3-25 offenders.
3-26 (e) A grant is governed by Chapter 783 [the Uniform Grant
3-27 and Contract Management Act of 1981 (Article 4413(32g), Vernon's
4-1 Texas Civil Statutes)] and rules adopted under that chapter [Act].
4-2 (f) The receipt of grant money by a program may be suspended
4-3 in case of a dispute about the eligibility of the program to
4-4 receive the money under this chapter. A hearing on the dispute
4-5 must be held within a reasonable time, as established by
4-6 [department] rule by the attorney general.
4-7 Sec. 420.006. SPECIAL PROJECTS. The attorney general may
4-8 consult and contract with or award grants to local and statewide
4-9 programs for special projects to prevent sexual assault and improve
4-10 services to survivors.
4-11 Sec. 420.007 [44.006]. FUNDING. (a) The attorney general
4-12 [department] may receive grants, gifts, or appropriations of money
4-13 from the federal government, the state legislature, or private
4-14 sources to finance the grant program created by this chapter.
4-15 (b) The attorney general [department] may not use more than
4-16 15 percent of the annual legislative appropriation to the service
4-17 for the administration of this chapter.
4-18 (c) The sexual assault prevention and crisis services fund
4-19 is a special account in the general revenue fund. Money deposited
4-20 to the credit of the fund may be used only as provided by this
4-21 subchapter and is not available for any other purpose.
4-22 Sec. 420.008 [44.0061]. SEXUAL ASSAULT PROGRAM FUND.
4-23 (a) The sexual assault program fund is a special account in the
4-24 general revenue fund.
4-25 (b) The fund consists of fees collected under Section 19(e)
4-26 [22(e)], Article 42.12, and Section 8(p), Article 42.18, Code of
4-27 Criminal Procedure.
5-1 (c) The legislature may appropriate money deposited to the
5-2 credit of the fund only to the attorney general [department] to
5-3 finance the grant program created by this chapter.
5-4 Sec. 420.009 [44.007]. REPORT. The attorney general
5-5 [department] shall publish a report on the service not later than
5-6 December 10 [before October 31] of each even-numbered year. The
5-7 report must summarize reports from programs receiving grants from
5-8 the attorney general [department], analyze the effectiveness of the
5-9 grants, and include information on the expenditure of funds
5-10 authorized by this chapter, the services provided, the number of
5-11 persons receiving services, and any other information relating to
5-12 the provision of sexual assault services. A copy of the report
5-13 shall be submitted to the governor, lieutenant governor, speaker of
5-14 the house of representatives, Legislative Budget Board, Senate
5-15 Committee on Health and Human Services or its successor committee,
5-16 and House Committee on Human Services or its successor committee.
5-17 Sec. 420.010 [44.008]. CONFIDENTIALITY. The attorney
5-18 general [department] may not disclose any information received from
5-19 reports, collected case information, or site-monitoring visits that
5-20 would identify a person working at or receiving services from a
5-21 program.
5-22 Sec. 420.011 [44.009]. CERTIFICATION AND RULES. (a) The
5-23 attorney general [board] may adopt rules necessary to implement
5-24 this chapter. A proposed rule must be provided to programs
5-25 receiving grants at least 60 days before the date of adoption.
5-26 (b) The attorney general shall adopt rules establishing
5-27 minimum standards for the certification of a sexual assault
6-1 training program. The certification is valid for two years from
6-2 the date of issuance. The attorney general shall also adopt rules
6-3 establishing minimum standards for the suspension, decertification,
6-4 or probation of a training program that violates this chapter.
6-5 (c) The attorney general shall adopt rules establishing
6-6 minimum standards for the certification of a sexual assault nurse
6-7 examiner, including standards for examiner training courses and for
6-8 the interstate reciprocity of sexual assault nurse examiners. The
6-9 certification is valid for two years from the date of issuance.
6-10 The attorney general shall also adopt rules establishing minimum
6-11 standards for the suspension, decertification, or probation of a
6-12 sexual assault nurse examiner who violates this chapter.
6-13 Sec. 420.012 [44.010]. CONSULTATIONS. In implementing this
6-14 chapter, the attorney general [department] shall consult persons
6-15 and organizations having knowledge and experience relating to
6-16 sexual assault.
6-17 Sec. 420.013. DEPOSIT BY COMPTROLLER; AUDIT. (a) The
6-18 comptroller shall deposit any money received under this subchapter
6-19 and any money credited to the program by another law in the sexual
6-20 assault prevention and crisis services fund.
6-21 (b) The sexual assault prevention and crisis services fund
6-22 is subject to audit by the comptroller. Money expended from the
6-23 fund is subject to audit by the state auditor.
6-24 Sec. 420.014. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF
6-25 COSTS; FAILURE TO COMPLY. (a) If the attorney general reasonably
6-26 believes that a court or a community supervision office has not
6-27 properly assessed or made a reasonable effort to collect costs due
7-1 under Article 42.12 or 42.18, Code of Criminal Procedure, the
7-2 attorney general shall send a warning letter to the court or the
7-3 governing body of the governmental unit in which the court is
7-4 located.
7-5 (b) Not later than the 60th day after the receipt of a
7-6 warning letter, the court or governing body shall respond in
7-7 writing to the attorney general specifically addressing the charges
7-8 in the warning letter.
7-9 (c) If the court or governing body does not respond or if
7-10 the attorney general considers the response inadequate, the
7-11 attorney general may request the comptroller to audit the records
7-12 of:
7-13 (1) the court;
7-14 (2) the community supervision office;
7-15 (3) the officer charged with collecting the costs; or
7-16 (4) the treasury of the governmental unit in which the
7-17 court is located.
7-18 (d) The comptroller shall provide the attorney general with
7-19 the results of the audit.
7-20 (e) If the attorney general finds from available evidence
7-21 that a court or a community supervision office has not properly
7-22 assessed or made a reasonable effort to collect costs due under
7-23 Article 42.12 or 42.18, Code of Criminal Procedure, the attorney
7-24 general may:
7-25 (1) refuse to award grants under this subchapter to
7-26 residents of the jurisdiction served by the court or community
7-27 supervision office; or
8-1 (2) in the case of a court, notify the State
8-2 Commission on Judicial Conduct of the findings.
8-3 (f) The failure, refusal, or neglect of a judicial officer
8-4 to comply with a requirement of this subchapter constitutes
8-5 official misconduct and is grounds for removal from office.
8-6 (Sections 420.015-420.030 reserved for expansion
8-7 SUBCHAPTER B. COLLECTION AND PRESERVATION
8-8 OF EVIDENCE OF SEX OFFENSE
8-9 Sec. 420.031 [44.031]. EVIDENCE COLLECTION PROTOCOL; KITS.
8-10 (a) The service shall develop and distribute to law enforcement
8-11 agencies and proper medical personnel an evidence collection
8-12 protocol that shall include collection procedures and a list of
8-13 requirements for the contents of an evidence collection kit for use
8-14 in the collection and preservation of evidence of a sexual assault
8-15 or other sex offense. Medical [If medical personnel] or [a] law
8-16 enforcement personnel collecting [agency collects] evidence of a
8-17 sexual assault or other sex offense[, the medical personnel or the
8-18 law enforcement agency] shall [obtain and] use a service-approved
8-19 [an] evidence collection kit and protocol [as prescribed by the
8-20 service].
8-21 (b) An evidence collection kit must contain the following
8-22 items:
8-23 (1) items to collect and preserve evidence of a sexual
8-24 assault or other sex offense; and
8-25 (2) other items recommended by the Evidence Collection
8-26 Protocol Advisory Committee of the attorney general [board] and
8-27 determined necessary for the kit by the attorney general [board].
9-1 (c) In developing evidence collection procedures and
9-2 requirements, the service shall consult with individuals and
9-3 organizations having knowledge and experience in the issues of
9-4 sexual assault and other sex offenses.
9-5 (d) A law enforcement agency that requests a medical
9-6 examination of a victim of an alleged sexual assault or other sex
9-7 offense for use in the investigation or prosecution of the offense
9-8 shall pay the costs of the evidence collection kit. This
9-9 subsection does not require a law enforcement agency to pay any
9-10 costs of treatment for injuries.
9-11 (e) Evidence collected under this section may not be
9-12 released unless the survivor of the offense or a legal
9-13 representative of the survivor signs a written consent to release
9-14 the evidence.
9-15 (f) Failure to comply with evidence collection procedures or
9-16 requirements adopted under this section does not affect the
9-17 admissibility of the evidence in a trial of the offense.
9-18 SECTION 2. This Act takes effect September 1, 1997.
9-19 SECTION 3. The importance of this legislation and the
9-20 crowded condition of the calendars in both houses create an
9-21 emergency and an imperative public necessity that the
9-22 constitutional rule requiring bills to be read on three several
9-23 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2561 was passed by the House on April
25, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2561 on May 24, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2561 was passed by the Senate, with
amendments, on May 22, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor