Bill not drafted by TLC or Senate E&E.

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         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.