1-1 By: Gallego (Senate Sponsor - Moncrief) H.B. No. 2561
1-2 (In the Senate - Received from the House April 27, 1997;
1-3 April 29, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 16, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 5, Nays 0;
1-6 May 16, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2561 By: Patterson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the administration of the Sexual Assault Prevention and
1-11 Crisis Service.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 44, Health and Safety Code, is
1-14 redesignated as Chapter 420, Government Code, and amended to read
1-15 as follows:
1-16 CHAPTER 420 [44]. SEXUAL ASSAULT PREVENTION
1-17 AND CRISIS SERVICES
1-18 SUBCHAPTER A. GENERAL PROVISIONS
1-19 Sec. 420.001 [44.001]. SHORT TITLE. This chapter may be
1-20 cited as the Sexual Assault Prevention and Crisis Services Act.
1-21 Sec. 420.002 [44.002]. PURPOSE. The purpose of this chapter
1-22 is to promote the development throughout the state of locally based
1-23 and supported nonprofit programs for the survivors of sexual
1-24 assault and to standardize the quality of services provided.
1-25 Sec. 420.003 [44.003]. DEFINITIONS. In this chapter:
1-26 (1) "Program" means a sexual assault program.
1-27 (2) "Service" means the Sexual Assault Prevention and
1-28 Crisis Service.
1-29 (3) "Sexual assault" means any act or attempted act as
1-30 described by Section 21.11, 22.011, 22.021, or 25.02, Penal Code[,
1-31 or a sexual assault in which the spouse of the victim is the
1-32 actor].
1-33 (4) "Sexual assault examiner" means a person who uses
1-34 a service-approved evidence collection kit and protocol to collect
1-35 and preserve evidence of a sexual assault or other sex offense.
1-36 (5) "Sexual assault nurse examiner" means a registered
1-37 nurse who has completed a service-approved examiner training
1-38 course.
1-39 (6) "Sexual assault program" means any local public or
1-40 private nonprofit corporation, independent of a law enforcement
1-41 agency or prosecutor's office, that is operated as an independent
1-42 program or as part of a municipal, county, or state agency and that
1-43 provides the minimum services established by this chapter.
1-44 (7) [(5)] "Survivor" means an individual who is a
1-45 victim of a sexual assault, regardless of whether a report or
1-46 conviction is made in the incident.
1-47 Sec. 420.004 [44.004]. SERVICE. (a) The Sexual Assault
1-48 Prevention and Crisis Service is a division in the office of the
1-49 attorney general [is in the department].
1-50 (b) The attorney general [board] may adopt rules relating to
1-51 assigning service areas, monitoring services, distributing funds,
1-52 and collecting information from programs in accordance with this
1-53 chapter.
1-54 Sec. 420.005 [44.005]. GRANTS. (a) The attorney general
1-55 [department] may award grants to programs for maintaining or
1-56 expanding existing services. A grant may not result in the
1-57 reduction of the financial support a program receives from another
1-58 source.
1-59 (b) To be eligible for a grant, a program must provide at a
1-60 minimum:
1-61 (1) a 24-hour crisis hotline;
1-62 (2) crisis intervention [counseling];
1-63 (3) public education;
1-64 (4) advocacy and accompaniment to hospitals, law
2-1 enforcement offices, prosecutors' offices, and courts for survivors
2-2 and their family members; and
2-3 (5) [professional training on sexual assault for law
2-4 enforcement, medical and mental health personnel, prosecutors, and
2-5 educators;]
2-6 [(6)] crisis intervention volunteer training[; and]
2-7 [(7) liaison with law enforcement and medical
2-8 personnel and prosecutors on behalf of survivors].
2-9 (c) The attorney general [board] by rule shall require a
2-10 program receiving a grant to:
2-11 (1) submit quarterly and annual financial reports to
2-12 the attorney general [department];
2-13 (2) submit to an annual independent financial audit;
2-14 (3) cooperate with the attorney general [department]
2-15 during site-monitoring visits; and
2-16 (4) offer the minimum services described by Subsection
2-17 (b) for at least nine months before receiving a grant.
2-18 (d) This section does not prohibit a program from offering
2-19 any additional service, including a service for sexual assault
2-20 offenders.
2-21 (e) A grant is governed by Chapter 783 [the Uniform Grant
2-22 and Contract Management Act of 1981 (Article 4413(32g), Vernon's
2-23 Texas Civil Statutes)] and rules adopted under that chapter [Act].
2-24 (f) The receipt of grant money by a program may be suspended
2-25 in case of a dispute about the eligibility of the program to
2-26 receive the money under this chapter. A hearing on the dispute
2-27 must be held within a reasonable time, as established by
2-28 [department] rule by the attorney general.
2-29 Sec. 420.006. SPECIAL PROJECTS. The attorney general may
2-30 consult and contract with or award grants to local and statewide
2-31 programs for special projects to prevent sexual assault and improve
2-32 services to survivors.
2-33 Sec. 420.007 [44.006]. FUNDING. (a) The attorney general
2-34 [department] may receive grants, gifts, or appropriations of money
2-35 from the federal government, the state legislature, or private
2-36 sources to finance the grant program created by this chapter.
2-37 (b) The attorney general [department] may not use more than
2-38 15 percent of the annual legislative appropriation to the service
2-39 for the administration of this chapter.
2-40 (c) The sexual assault prevention and crisis services fund
2-41 is a special account in the general revenue fund. Money deposited
2-42 to the credit of the fund may be used only as provided by this
2-43 subchapter and is not available for any other purpose.
2-44 Sec. 420.008 [44.0061]. SEXUAL ASSAULT PROGRAM FUND.
2-45 (a) The sexual assault program fund is a special account in the
2-46 general revenue fund.
2-47 (b) The fund consists of fees collected under Section 19(e)
2-48 [22(e)], Article 42.12, and Section 8(p), Article 42.18, Code of
2-49 Criminal Procedure.
2-50 (c) The legislature may appropriate money deposited to the
2-51 credit of the fund only to the attorney general [department] to
2-52 finance the grant program created by this chapter.
2-53 Sec. 420.009 [44.007]. REPORT. The attorney general
2-54 [department] shall publish a report on the service not later than
2-55 December 10 [before October 31] of each even-numbered year. The
2-56 report must summarize reports from programs receiving grants from
2-57 the attorney general [department], analyze the effectiveness of the
2-58 grants, and include information on the expenditure of funds
2-59 authorized by this chapter, the services provided, the number of
2-60 persons receiving services, and any other information relating to
2-61 the provision of sexual assault services. A copy of the report
2-62 shall be submitted to the governor, lieutenant governor, speaker of
2-63 the house of representatives, Legislative Budget Board, Senate
2-64 Committee on Health and Human Services or its successor committee,
2-65 and House Committee on Human Services or its successor committee.
2-66 Sec. 420.010 [44.008]. CONFIDENTIALITY. The attorney
2-67 general [department] may not disclose any information received from
2-68 reports, collected case information, or site-monitoring visits that
2-69 would identify a person working at or receiving services from a
3-1 program.
3-2 Sec. 420.011 [44.009]. CERTIFICATION AND RULES. (a) The
3-3 attorney general [board] may adopt rules necessary to implement
3-4 this chapter. A proposed rule must be provided to programs
3-5 receiving grants at least 60 days before the date of adoption.
3-6 (b) The attorney general shall adopt rules establishing
3-7 minimum standards for the certification of a sexual assault
3-8 training program. The certification is valid for two years from
3-9 the date of issuance. The attorney general shall also adopt rules
3-10 establishing minimum standards for the suspension, decertification,
3-11 or probation of a training program that violates this chapter.
3-12 (c) The attorney general shall adopt rules establishing
3-13 minimum standards for the certification of a sexual assault nurse
3-14 examiner, including standards for examiner training courses and for
3-15 the interstate reciprocity of sexual assault nurse examiners. The
3-16 certification is valid for two years from the date of issuance.
3-17 The attorney general shall also adopt rules establishing minimum
3-18 standards for the suspension, decertification, or probation of a
3-19 sexual assault nurse examiner who violates this chapter.
3-20 Sec. 420.012 [44.010]. CONSULTATIONS. In implementing this
3-21 chapter, the attorney general [department] shall consult persons
3-22 and organizations having knowledge and experience relating to
3-23 sexual assault.
3-24 Sec. 420.013. DEPOSIT BY COMPTROLLER; AUDIT. (a) The
3-25 comptroller shall deposit any money received under this subchapter
3-26 and any money credited to the program by another law in the sexual
3-27 assault prevention and crisis services fund.
3-28 (b) The sexual assault prevention and crisis services fund
3-29 is subject to audit by the comptroller. Money expended from the
3-30 fund is subject to audit by the state auditor.
3-31 Sec. 420.014. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF
3-32 COSTS; FAILURE TO COMPLY. (a) If the attorney general reasonably
3-33 believes that a court or a community supervision office has not
3-34 properly assessed or made a reasonable effort to collect costs due
3-35 under Article 42.12 or 42.18, Code of Criminal Procedure, the
3-36 attorney general shall send a warning letter to the court or the
3-37 governing body of the governmental unit in which the court is
3-38 located.
3-39 (b) Not later than the 60th day after the receipt of a
3-40 warning letter, the court or governing body shall respond in
3-41 writing to the attorney general specifically addressing the charges
3-42 in the warning letter.
3-43 (c) If the court or governing body does not respond or if
3-44 the attorney general considers the response inadequate, the
3-45 attorney general may request the comptroller to audit the records
3-46 of:
3-47 (1) the court;
3-48 (2) the community supervision office;
3-49 (3) the officer charged with collecting the costs; or
3-50 (4) the treasury of the governmental unit in which the
3-51 court is located.
3-52 (d) The comptroller shall provide the attorney general with
3-53 the results of the audit.
3-54 (e) If the attorney general finds from available evidence
3-55 that a court or a community supervision office has not properly
3-56 assessed or made a reasonable effort to collect costs due under
3-57 Article 42.12 or 42.18, Code of Criminal Procedure, the attorney
3-58 general may:
3-59 (1) refuse to award grants under this subchapter to
3-60 residents of the jurisdiction served by the court or community
3-61 supervision office; or
3-62 (2) in the case of a court, notify the State
3-63 Commission on Judicial Conduct of the findings.
3-64 (f) The failure, refusal, or neglect of a judicial officer
3-65 to comply with a requirement of this subchapter constitutes
3-66 official misconduct and is grounds for removal from office.
4-1 (Sections 420.015-420.030 reserved for expansion
4-2 SUBCHAPTER B. COLLECTION AND PRESERVATION
4-3 OF EVIDENCE OF SEX OFFENSE
4-4 Sec. 420.031 [44.031]. EVIDENCE COLLECTION PROTOCOL; KITS.
4-5 (a) The service shall develop and distribute to law enforcement
4-6 agencies and proper medical personnel an evidence collection
4-7 protocol that shall include collection procedures and a list of
4-8 requirements for the contents of an evidence collection kit for use
4-9 in the collection and preservation of evidence of a sexual assault
4-10 or other sex offense. Medical [If medical personnel] or [a] law
4-11 enforcement personnel collecting [agency collects] evidence of a
4-12 sexual assault or other sex offense[, the medical personnel or the
4-13 law enforcement agency] shall [obtain and] use a service-approved
4-14 [an] evidence collection kit and protocol [as prescribed by the
4-15 service].
4-16 (b) An evidence collection kit must contain the following
4-17 items:
4-18 (1) items to collect and preserve evidence of a sexual
4-19 assault or other sex offense; and
4-20 (2) other items recommended by the Evidence Collection
4-21 Protocol Advisory Committee of the attorney general [board] and
4-22 determined necessary for the kit by the attorney general [board].
4-23 (c) In developing evidence collection procedures and
4-24 requirements, the service shall consult with individuals and
4-25 organizations having knowledge and experience in the issues of
4-26 sexual assault and other sex offenses.
4-27 (d) A law enforcement agency that requests a medical
4-28 examination of a victim of an alleged sexual assault or other sex
4-29 offense for use in the investigation or prosecution of the offense
4-30 shall pay the costs of the evidence collection kit. This
4-31 subsection does not require a law enforcement agency to pay any
4-32 costs of treatment for injuries.
4-33 (e) Evidence collected under this section may not be
4-34 released unless the survivor of the offense or a legal
4-35 representative of the survivor signs a written consent to release
4-36 the evidence.
4-37 (f) Failure to comply with evidence collection procedures or
4-38 requirements adopted under this section does not affect the
4-39 admissibility of the evidence in a trial of the offense.
4-40 SECTION 2. This Act takes effect September 1, 1997.
4-41 SECTION 3. The importance of this legislation and the
4-42 crowded condition of the calendars in both houses create an
4-43 emergency and an imperative public necessity that the
4-44 constitutional rule requiring bills to be read on three several
4-45 days in each house be suspended, and this rule is hereby suspended.
4-46 * * * * *