HBA-SEB H.B. 3633 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3633 By: Naishtat Juvenile Justice and Family Issues 3/28/1999 Introduced BACKGROUND AND PURPOSE A victim of family violence or sexual assault may feel reluctant to contact a family violence shelter or a rape crisis center if the victim fears that any information given is not confidential. The law currently provides that communications, records, and information about a sexual assault program is confidential. H.B. 3633 includes family violence programs in such provisions by establishing that communications, records, and information about a family violence program are confidential. This bill also sets forth limited circumstances under which that information may be disclosed. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading of Subtitle C, Title 4, Family Code, as follows: New title: SUBTITLE C. FAMILY VIOLENCE REPORTING AND SERVICES SECTION 2. Amends Subtitle C, Title 4, Family Code, by adding Chapter 93, as follows: CHAPTER 93. CONFIDENTIAL COMMUNICATIONS, RECORDS, AND INFORMATION Sec. 93.001. DEFINITIONS. Defines "advocate" and "victim." Sec. 93.002. CONFIDENTIAL COMMUNICATIONS, RECORDS, AND INFORMATION. Provides that a communication between an advocate and a victim made in the course of providing family violence advocacy services to the victim is confidential. Establishes as confidential a record of the identity, personal history, or background of a victim or information concerning the facts of the family violence suffered by the victim that is created by or provided to an advocate or maintained by a family violence program. Provides that information regarding a facility, including the name, address, location, and telephone number of a safe house, abuse shelter, or other facility that is operated by a family violence program and that provides emergency shelter to a victim of family violence is confidential. Prohibits all information under this section from being disclosed. Sec. 93.003. EXCEPTIONS. Authorizes the disclosure of confidential communications, records, or information in a civil, criminal, or administrative proceeding only if the proceeding is brought by the victim against an advocate or a family violence program. Authorizes the disclosure of the confidential communications, records, or information in a criminal proceeding if the victim partially discloses the confidential communication, record, or information while testifying and if the court rules that the evidence is relevant to a claim or defense of a defendant and justice requires that the confidentiality be waived. Sec. 93.004. APPLICATION OF CHAPTER. Provides that this chapter does not affect a duty to report child abuse under Chapter 261 (Investigation of Report of Child Abuse or Neglect). SECTION 3. Amends the heading of Subchapter D, Chapter 44, Health and Safety Code, as follows: SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONS, RECORDS, AND INFORMATION SECTION 4. Amends Section 44.071, Health and Safety Code, as follows: Sec. 44.071. New title: CONFIDENTIAL COMMUNICATIONS, RECORDS, AND INFORMATION. Establishes as confidential information regarding a facility, including the name, address, location, and telephone number of a safe house, shelter, or other facility that is operated by a sexual assault program and that provides emergency shelter to a survivor. Prohibits the disclosure of that information. Redesignates Subsection (d) to (e). Makes conforming changes. SECTION 5. Amends Section 44.072, Health and Safety Code, to authorize the disclosure of a confidential communication, record, or information described by Section 44.071 in a criminal proceeding if the survivor partially discloses the confidential communication, record, or information while testifying and if the court rules that the evidence is relevant to a claim or defense of the defendant and that justice requires the confidentiality to be waived. Authorizes the communication, or record to be disclosed only to a person who has the written consent of the survivor or of a person authorized to act on the survivor's behalf. Deletes existing text regarding other people to whom disclosure is authorized. Makes conforming changes. SECTION 6. Repealers: Sections 44.073 (Consent), 44.074 (Criminal Subpoena), and 44.075 (Offense), Health and Safety Code. SECTION 7. Effective date: September 1, 1999. Provides that this Act applies to a communication, record, or information relating to an act of family violence or sexual assault regardless of the date the family violence or sexual assault occurred. SECTION 8. Emergency clause.