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.