By Gallego                                            H.B. No. 2561

         75R6908 KEL-F                           

                                A BILL TO BE ENTITLED

 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 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;

 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 personnel

3-13     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 [44.006].  FUNDING.  (a)  The attorney general

 4-8     [department] may receive grants, gifts, or appropriations of money

 4-9     from the federal government, the state legislature, or private

4-10     sources to finance the grant program created by this chapter.

4-11           (b)  The attorney general [department] may not use more than

4-12     15 percent of the annual legislative appropriation to the service

4-13     for the administration of this chapter.

4-14           (c)  The sexual assault prevention and crisis services fund

4-15     is a special account in the general revenue fund.  Money deposited

4-16     to the credit of the fund may be used only as provided by this

4-17     subchapter and is not available for any other purpose.

4-18           Sec. 420.007 [44.0061].  SEXUAL ASSAULT PROGRAM FUND.

4-19     (a)  The sexual assault program fund is a special account in the

4-20     general revenue fund.

4-21           (b)  The fund consists of fees collected under Section 19(e)

4-22     [22(e)], Article 42.12, and Section 8(p), Article 42.18, Code of

4-23     Criminal Procedure.

4-24           (c)  The legislature may appropriate money deposited to the

4-25     credit of the fund only to the attorney general [department] to

4-26     finance the grant program created by this chapter.

4-27           Sec. 420.008 [44.007].  REPORT.  The attorney general

 5-1     [department] shall publish a report on the service not later than

 5-2     December 10  [before October 31] of each even-numbered year.  The

 5-3     report must summarize reports from programs receiving grants from

 5-4     the attorney general [department], analyze the effectiveness of the

 5-5     grants, and include information on the expenditure of funds

 5-6     authorized by this chapter, the services provided, the number of

 5-7     persons receiving services, and any other information relating to

 5-8     the provision of sexual assault services.  A copy of the report

 5-9     shall be submitted to the governor, lieutenant governor, speaker of

5-10     the house of representatives, Legislative Budget Board, Senate

5-11     Committee on Health and Human Services or its successor committee,

5-12     and House Committee on Human Services or its successor committee.

5-13           Sec. 420.009 [44.008].  CONFIDENTIALITY.  The attorney

5-14     general [department] may not disclose any information received from

5-15     reports, collected case information, or site-monitoring visits that

5-16     would identify a person working at or receiving services from a

5-17     program.

5-18           Sec. 420.010 [44.009].  CERTIFICATION AND RULES.  (a)  The

5-19     attorney general [board] may adopt rules necessary to  implement

5-20     this chapter.  A proposed rule must be provided to programs

5-21     receiving grants at least 60 days before the date of adoption.

5-22           (b)  The attorney general shall adopt rules establishing

5-23     minimum standards for the certification of a sexual assault

5-24     program.  The rules must require each program seeking certification

5-25     to pay a $25 fee.  The certification is valid for two years from

5-26     the date of issuance.  The attorney general shall also adopt rules

5-27     establishing minimum standards for the suspension, decertification,

 6-1     or probation of a program that violates this chapter.

 6-2           (c)  The attorney general shall adopt rules establishing

 6-3     minimum standards for the certification of a sexual assault nurse

 6-4     examiner, including standards for examiner training courses and for

 6-5     the interstate reciprocity of sexual assault nurse examiners.  The

 6-6     certification is valid for two years from the date of issuance.

 6-7     The attorney general shall also adopt rules establishing minimum

 6-8     standards for the suspension, decertification, or probation of a

 6-9     sexual assault nurse examiner who violates this chapter.

6-10           Sec. 420.011 [44.010].  CONSULTATIONS.  In implementing this

6-11     chapter, the attorney general [department] shall consult persons

6-12     and  organizations having knowledge and experience relating to

6-13     sexual assault.

6-14           Sec. 420.012.  DEPOSIT BY COMPTROLLER; AUDIT.  (a)  The

6-15     comptroller shall deposit any money received under this subchapter

6-16     and any money credited to the program by another law in the sexual

6-17     assault prevention and crisis services fund.

6-18           (b)  The sexual assault prevention and crisis services fund

6-19     is subject to audit by the comptroller.  Money expended from the

6-20     fund is subject to audit by the state auditor.

6-21           Sec. 420.013.  ATTORNEY GENERAL SUPERVISION OF COLLECTION OF

6-22     COSTS; FAILURE TO COMPLY.  (a)  If the attorney general reasonably

6-23     believes that a court or a community supervision office has not

6-24     properly assessed or made a reasonable effort to collect costs due

6-25     under Article 42.12 or 42.18, Code of Criminal Procedure, the

6-26     attorney general shall send a warning letter to the court or the

6-27     governing body of the governmental unit in which the court is

 7-1     located.

 7-2           (b)  Not later than the 60th day after the receipt of a

 7-3     warning letter, the court or governing body shall respond in

 7-4     writing to the attorney general specifically addressing the charges

 7-5     in the warning letter.

 7-6           (c)  If the court or governing body does not respond or if

 7-7     the attorney general considers the response inadequate, the

 7-8     attorney general may request the comptroller to audit the records

 7-9     of:

7-10                 (1)  the court;

7-11                 (2)  the community supervision office;

7-12                 (3)  the officer charged with collecting the costs; or

7-13                 (4)  the treasury of the governmental unit in which the

7-14     court is located.

7-15           (d)  The comptroller shall provide the attorney general with

7-16     the results of the audit.

7-17           (e)  If the attorney general finds from available evidence

7-18     that a court or a community supervision office has not properly

7-19     assessed or made a reasonable effort to collect costs due under

7-20     Article 42.12 or 42.18, Code of Criminal Procedure, the attorney

7-21     general may:

7-22                 (1)  refuse to award grants under this subchapter to

7-23     residents of the jurisdiction served by the court or community

7-24     supervision office; or

7-25                 (2)  in the case of a court, notify the State

7-26     Commission on Judicial Conduct of the findings.

7-27           (f)  The failure, refusal, or neglect of a judicial officer

 8-1     to comply with a requirement of this subchapter constitutes

 8-2     official misconduct and is grounds for removal from office.

 8-3              (Sections 420.014-420.030 reserved for expansion

 8-4                 SUBCHAPTER B.  COLLECTION AND PRESERVATION

 8-5                         OF EVIDENCE OF SEX OFFENSE

 8-6           Sec. 420.031 [44.031].  EVIDENCE COLLECTION PROTOCOL; KITS.

 8-7     (a)  The service shall develop and distribute to law enforcement

 8-8     agencies and proper medical personnel an evidence collection

 8-9     protocol that shall include collection procedures and a list of

8-10     requirements for the contents of an evidence collection kit for use

8-11     in the collection and preservation of evidence of a sexual assault

8-12     or other sex offense.  Medical [If medical personnel] or [a] law

8-13     enforcement personnel collecting [agency collects] evidence of a

8-14     sexual assault or other sex offense[, the medical personnel or the

8-15     law enforcement agency] shall [obtain and] use a service-approved

8-16     [an] evidence collection kit and protocol [as prescribed by the

8-17     service].

8-18           (b)  An evidence collection kit must contain the following

8-19     items:

8-20                 (1)  items to collect and preserve evidence of a sexual

8-21     assault or other sex offense; and

8-22                 (2)  other items recommended by the Evidence Collection

8-23     Protocol Advisory Committee of the attorney general [board] and

8-24     determined necessary for the kit by the attorney general [board].

8-25           (c)  In developing evidence collection procedures and

8-26     requirements, the service shall consult with individuals and

8-27     organizations having knowledge and experience in the issues of

 9-1     sexual assault and other sex offenses.

 9-2           (d)  A law enforcement agency that requests a medical

 9-3     examination of a victim of an alleged sexual assault or other sex

 9-4     offense for use in the investigation or prosecution of the offense

 9-5     shall pay the costs of the evidence collection kit.  This

 9-6     subsection does not require a law enforcement agency to pay any

 9-7     costs of treatment for injuries.

 9-8           (e)  Evidence collected under this section may not be

 9-9     released unless the survivor of the offense or a legal

9-10     representative of the survivor signs a written consent to release

9-11     the evidence.

9-12           (f)  Failure to comply with evidence collection procedures or

9-13     requirements adopted under this section does not affect the

9-14     admissibility of the evidence in a trial of the offense.

9-15           SECTION 2.  This Act takes effect September 1, 1997.

9-16           SECTION 3.  The importance of this legislation and the

9-17     crowded condition of the calendars in both houses create an

9-18     emergency and an imperative public necessity that the

9-19     constitutional rule requiring bills to be read on three several

9-20     days in each house be suspended, and this rule is hereby suspended.