By Wise H.B. No. 358 76R2320 PEP-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain confidential communications. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 38, Code of Criminal Procedure, is 1-5 amended by adding Article 38.06 to read as follows: 1-6 Art. 38.06. COMMUNICATIONS TO VICTIM COUNSELOR. (a) In 1-7 this article: 1-8 (1) "Confidential communication" means a communication 1-9 made privately and not intended for disclosure to a third person 1-10 except to another person present in furtherance of the purpose of 1-11 the communication. The term includes a record or other document on 1-12 which the communication is reduced to a written form. 1-13 (2) "Victim counselor" means a person who has 1-14 successfully completed academic or other formal training in 1-15 counseling victims of crime and who treats victims of crime for an 1-16 emotional or psychological condition resulting from the crime. 1-17 (b) The victim of a crime has a privilege to refuse to 1-18 disclose and to prevent another from disclosing a confidential 1-19 communication by the victim to a victim counselor for the purpose 1-20 of receiving victim counseling services. 1-21 (c) If the victim of a crime is a person younger than 16 1-22 years of age, the parent or guardian of the victim may assert the 1-23 privilege on behalf of the victim unless the parent or guardian is 1-24 accused of committing the crime. If a parent or guardian of the 2-1 victim of a crime who is younger than 16 years of age is accused of 2-2 committing the crime, a guardian appointed by the court to 2-3 represent the best interests of the victim may assert the privilege 2-4 on behalf of the victim. 2-5 SECTION 2. (a) This Act takes effect September 1, 1999, and 2-6 applies to any communication made to a victim counselor on or after 2-7 September 1, 1999. 2-8 (b) To the extent of any conflict between Article 38.06, 2-9 Code of Criminal Procedure, as added by this Act, and Rule 509, 2-10 Texas Rules of Criminal Evidence, Article 38.06 controls. 2-11 SECTION 3. The importance of this legislation and the 2-12 crowded condition of the calendars in both houses create an 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended.