Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By: Moncrief S.B. No. 919
A BILL TO BE ENTITLED
AN ACT
1-1 relating to transfer of the Sexual Assault Prevention and Crisis
1-2 Services program from the Texas Department of Health to the Office
1-3 of the Attorney General, and related provisions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 4, Government Code, is amended by adding
1-6 chapter 420 to read as follows:
1-7 CHAPTER 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 420.001. SHORT TITLE. This chapter may be cited as the
1-10 Sexual Assault Prevention and Crisis Services Act.
1-11 Sec. 420.002. PURPOSE. The purpose of this chapter is to
1-12 promote the development throughout the state of locally based and
1-13 supported nonprofit programs for the survivors of sexual assault
1-14 and to standardize the quality of services provided.
1-15 Sec. 420.003. DEFINITIONS. In this chapter:
1-16 (1) "Program" means a sexual assault program.
1-17 (2) "Service" means the Sexual Assault Prevention and
1-18 Crisis Service.
1-19 (3) "Sexual assault" means any act or attempted act as
1-20 described by Section 21.11, 22.011, 22.021, or 25.02, Penal Code.
1-21 (4) "Sexual Assault Examiner" means a person who uses
1-22 the evidence collection kit and protocol in the collection and
1-23 preservation of evidence of a sexual assault or other sex offense.
2-1 (5) "Sexual Assault Nurse Examiner" means a registered
2-2 nurse who has completed a service approved examiner course.
2-3 (6) "Sexual assault program" means any local public or
2-4 private nonprofit corporation, independent of a law enforcement
2-5 agency or prosecutor's office, that is operated as an independent
2-6 program or as part of a municipal, county, or state agency and that
2-7 provides the minimum services established by this chapter.
2-8 (7) "Survivor" means an individual who is a victim of
2-9 a sexual assault, regardless of whether a report or conviction is
2-10 made in the incident.
2-11 Sec. 420.004. SERVICE. (a) The Sexual Assault Prevention
2-12 and Crisis Service Division is in the office of the attorney
2-13 general.
2-14 (b) The attorney general may adopt rules relating to
2-15 assigning service areas, monitoring services, distributing funds,
2-16 and collecting information from programs in accordance with this
2-17 chapter.
2-18 Sec. 420.005. GRANTS. (a) The attorney general may award
2-19 grants to programs for maintaining or expanding existing services.
2-20 A grant may not result in the reduction of the financial support a
2-21 program receives from another source.
2-22 (b) To be eligible for a grant, a program must provide at a
2-23 minimum:
2-24 (1) a 24-hour crisis hotline;
2-25 (2) crisis counseling;
3-1 (3) public education;
3-2 (4) advocacy and accompaniment to hospitals, law
3-3 enforcement offices, prosecutor's offices, and courts for survivors
3-4 and their family members;
3-5 (5) professional training on sexual assault for law
3-6 enforcement, medical and mental health personnel, prosecutors, and
3-7 educators;
3-8 (6) crisis intervention volunteer training; and
3-9 (7) liaison with law enforcement and medical personnel
3-10 and prosecutors on behalf of survivors.
3-11 (c) The attorney general by rule shall require a program
3-12 receiving a grant to:
3-13 (1) submit quarterly and annual financial reports to
3-14 the attorney general;
3-15 (2) submit to an annual independent financial audit;
3-16 (3) cooperate with the department during
3-17 site-monitoring visits; and
3-18 (4) offer the minimum services described by Subsection
3-19 (b) for at least nine months before receiving a grant.
3-20 (d) This section does not prohibit a program from offering
3-21 any additional service, including a service for sexual assault
3-22 offenders.
3-23 (e) A grant is governed by the Uniform Grant and Contract
3-24 Management Act of 1981 (Chapter 783, Government Code) and rules
3-25 adopted under that Act.
4-1 (f) The receipt of grant money by a program may be suspended
4-2 in case of a dispute about the eligibility of the program to
4-3 receive the money under this chapter. A hearing on the dispute
4-4 must be held within a reasonable time, as established by rule.
4-5 Sec. 420.006. FUNDING. (a) The attorney general may
4-6 receive grants, gifts, or appropriations of money from the federal
4-7 government, the state legislature, or private sources to finance
4-8 the grant program created by this chapter.
4-9 (b) The attorney general may not use more than 15 percent of
4-10 the annual legislative appropriation to the service for the
4-11 administration of this chapter.
4-12 (c) The sexual assault prevention and crisis services fund
4-13 is in the state treasury. Moneys deposited to the credit of the
4-14 sexual assault prevention and crisis services fund may be used only
4-15 as provided by this subchapter and is not available for any other
4-16 purpose.
4-17 Sec. 420.0061. SEXUAL ASSAULT PROGRAM FUND. (a) The sexual
4-18 assault program fund is a special account in the general revenue
4-19 fund.
4-20 (b) The fund consists of fees collected under Section 19(e),
4-21 Article 42.12, and Section 8(p), Article 42.18, Code of Criminal
4-22 Procedure.
4-23 (c) The legislature may appropriate money deposited to the
4-24 credit of the fund only to the attorney general to finance the
4-25 grant program created by this chapter.
5-1 Sec. 420.007. REPORT. The attorney general shall publish a
5-2 report on the service within 100 days after September 1 each
5-3 even-numbered year. The report must summarize reports from
5-4 programs receiving grants from the attorney general, analyze the
5-5 effectiveness of the grants, and include information on the
5-6 expenditure of funds authorized by this chapter, the services
5-7 provided, the number of persons receiving services, and any other
5-8 information relating to the provision of sexual assault services.
5-9 A copy of the report shall be submitted to the governor, lieutenant
5-10 governor, speaker of the house of representatives, Legislative
5-11 Budget Board, Senate Committee on Health and Human Services or its
5-12 successor committee, and House Committee on Human Services or its
5-13 successor committee.
5-14 Sec. 420.008. CONFIDENTIALITY. The attorney general may not
5-15 disclose any information received from reports, collected case
5-16 information, or site-monitoring visits that would identify a person
5-17 working at or receiving services from a program.
5-18 Sec. 420.009. CERTIFICATION AND RULES. (a) The attorney
5-19 general may adopt rules necessary to implement this chapter. A
5-20 proposed rule must be provided to programs receiving grants at
5-21 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 shall require a fee of $25 for each program
5-25 seeking certification. The certification shall be valid for two
6-1 years for the date of issuance. The attorney general shall develop
6-2 minimum standards for:
6-3 (1) standards for program certification; and
6-4 (2) conditions under which a program that is in
6-5 violation of this chapter or rules promulgated thereunder, may be
6-6 suspended, decertified, or placed on probation.
6-7 (c) The attorney general shall adopt rules establishing
6-8 minimum standards for the certification of a sexual assault nurse
6-9 examiner. A certificate is valid for two years from the date of
6-10 issuance. The attorney general shall develop minimum standards
6-11 for:
6-12 (1) examiner training courses;
6-13 (2) criteria for interstate reciprocity of sexual
6-14 assault nurse examiners; and
6-15 (3) conditions under which a sexual assault nurse
6-16 examiner who is in violation of this chapter or rules promulgated
6-17 thereunder, may be suspended, decertified, or placed on probation.
6-18 Sec. 420.010. CONSULTATIONS. In implementing this chapter,
6-19 the attorney general shall consult persons and organizations having
6-20 knowledge and experience relating to sexual assault.
6-21 Sec. 420.011. DEPOSIT BY COMPTROLLER; AUDIT. (a) The
6-22 comptroller shall deposit any moneys received under this subchapter
6-23 and all other moneys credited to the program by any other provision
6-24 of law in the sexual assault prevention and crisis services fund.
6-25 (b) Moneys collected are subject to audit by the
7-1 comptroller. Moneys spent are subject to audit by the state
7-2 auditor.
7-3 Sec. 420.012. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF
7-4 COSTS; FAILURE TO COMPLY. (a) If the attorney general has reason
7-5 to believe that a court or a community supervision office has not
7-6 been assessing costs due under article 42.12 or article 42.18, Code
7-7 of Criminal Procedure, or has not been making a reasonable effort
7-8 to collect those costs, the attorney general shall send a warning
7-9 letter to the court or the governing body of the governmental unit
7-10 in which the court is located.
7-11 (b) Within 60 days after receipt of a warning letter, the
7-12 court or governing body shall respond in writing to the attorney
7-13 general, specifically referring to the charges in the warning
7-14 letter.
7-15 (c) If the court or governing body does not respond or if
7-16 the attorney general considers the response inadequate, the
7-17 attorney general may request the comptroller to audit the records
7-18 of:
7-19 (1) the court;
7-20 (2) the community supervision office;
7-21 (3) the officer charged with collecting the costs; or
7-22 (4) the treasury of the governmental unit in which the
7-23 court is located.
7-24 (d) The comptroller shall give the attorney general the
7-25 results of the audit.
8-1 (e) If, using the results of the audit and other evidence
8-2 available, the attorney general finds that a court or a community
8-3 supervision office is not assessing costs or fees due under article
8-4 42.12 or 42.18, Code of Criminal Procedure, or is not making a
8-5 reasonable effort to collect those costs, the attorney general may:
8-6 (1) refuse award grants under this subchapter to
8-7 residents of the jurisdiction served by the court or community
8-8 supervision office; or
8-9 (2) in the case of a court, notify the State
8-10 Commission on Judicial Conduct of the findings.
8-11 (f) The failure, refusal, or neglect of a judicial officer
8-12 to comply with a requirement of this subchapter:
8-13 (1) constitutes official misconduct; and
8-14 (2) is grounds for removal from office.
8-15 SUBCHAPTER B. COLLECTION AND PRESERVATION OF EVIDENCE OF SEX
8-16 OFFENSE
8-17 Sec. 420.031. EVIDENCE COLLECTION PROTOCOL; KITS. (a) The
8-18 service shall develop an evidence collection protocol that shall
8-19 include collection procedures and a list of requirements for the
8-20 contents of an evidence collection kit for use in the collection
8-21 and preservation of evidence of a sexual assault or other sex
8-22 offense.
8-23 (1) Medical personnel collecting evidence of a sexual
8-24 assault or other sex offense, shall use a service approved
8-25 collection kit and protocol.
9-1 (2) Law enforcement personnel who are collecting
9-2 evidence from clothing or the scene of the offense shall use a
9-3 service approved collection kit and protocol.
9-4 (b) An evidence collection kit must contain the following
9-5 items:
9-6 (1) items to collect and preserve evidence of a sexual
9-7 assault or other sex offense; and
9-8 (2) other items recommended by the Evidence Collection
9-9 Protocol Advisory Committee of the attorney general and determined
9-10 necessary for the kit by the attorney general.
9-11 (c) In developing evidence collection procedures and
9-12 requirements, the service shall consult with individuals and
9-13 organizations having knowledge and experience in the issues of
9-14 sexual assault and other sex offenses.
9-15 (d) A law enforcement agency that requests a medical
9-16 examination of a victim of an alleged sexual assault or other sex
9-17 offense for use in the investigation or prosecution of the offense
9-18 shall pay the costs of the evidence collection kit. This
9-19 subsection does not require a law enforcement agency to pay any
9-20 costs of treatment for injuries.
9-21 (e) Evidence collected under this section may not be
9-22 released unless the survivor of the offense or a legal
9-23 representative of the survivor signs a written consent to release
9-24 the evidence.
9-25 (f) Failure to comply with evidence collection procedures or
10-1 requirements adopted under this section does not affect the
10-2 admissibility of the evidence in a trial of the offense.
10-3 SECTION 2. Chapter 44, Health and Safety Code, is repealed.
10-4 SECTION 3. SEVERABILITY. If any section, sentence, clause,
10-5 or part of this Act shall, for any reason, be held invalid, such
10-6 invalidity shall not affect the remaining portions of the Act, and
10-7 it is hereby declared to be the intention of this legislature to
10-8 have passed each section, sentence, clause, or part irrespective of
10-9 the fact that any other section, sentence, clause, or part may be
10-10 declared invalid.
10-11 SECTION 4. EFFECTIVE DATE. This Act takes effect on
10-12 September 1, 1997.
10-13 SECTION 5. EMERGENCY. The importance of this legislation
10-14 and the crowded condition of the calendars in both houses create an
10-15 emergency and an imperative public necessity that the
10-16 constitutional rule requiring bills to be read on three several
10-17 days in each house be suspended, and it is so enacted.