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.