By:  Barrientos                                       S.B. No. 1357
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to confidentiality of information regarding a victim of
 1-2     sexual assault or family violence.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  The subtitle heading of Subtitle C, Title 4,
 1-5     Family Code, is amended to read as follows:
 1-6       SUBTITLE C.  [REPORTING] FAMILY VIOLENCE REPORTING AND SERVICES
 1-7           SECTION 2.  Subtitle C, Title 4, Family Code, is amended by
 1-8     adding Chapter 93 to read as follows:
 1-9           CHAPTER 93.  CONFIDENTIAL COMMUNICATIONS, RECORDS, AND
1-10                                 INFORMATION
1-11           Sec. 93.001.  DEFINITIONS.  In this chapter:
1-12                 (1)  "Advocate" means a person who provides advocacy
1-13     services as an employee or volunteer of a family violence program.
1-14                 (2)  "Victim" means a person who is a victim of family
1-15     violence, regardless of whether a report is made of or a conviction
1-16     is obtained for the incident.
1-17           Sec. 93.002.  CONFIDENTIAL COMMUNICATIONS, RECORDS, AND
1-18     INFORMATION.  (a)  A communication between an advocate and a victim
1-19     made in the course of providing family violence advocacy services
1-20     to the victim is confidential and may not be disclosed.
1-21           (b)  A record of the identity, personal history, or
1-22     background of a victim, or information concerning the facts of the
 2-1     family violence suffered by the victim, created by or provided to
 2-2     an advocate or maintained by a family violence program is
 2-3     confidential and may not be disclosed.
 2-4           (c)  Information regarding a facility, including the name,
 2-5     address, location, and telephone number of a safe house, abuse
 2-6     shelter, or other facility, that is operated by a family violence
 2-7     program and that provides emergency shelter to a victim of family
 2-8     violence is confidential and may not be disclosed.
 2-9           Sec. 93.003.  EXCEPTIONS.  (a)  A confidential communication,
2-10     record, or information described by Section 93.002 may be disclosed
2-11     in a civil, criminal, or administrative proceeding only if the
2-12     proceeding is brought by the victim against an advocate or a family
2-13     violence program.
2-14           (b)  A confidential communication, record, or information
2-15     described by Section 93.002(a) or (b) may be disclosed in a
2-16     criminal proceeding if the victim partially discloses the
2-17     confidential communication, record, or information while testifying
2-18     and the court rules that:
2-19                 (1)  the evidence is relevant to a claim or defense of
2-20     the defendant; and
2-21                 (2)  justice requires that the confidentiality be
2-22     waived as to that communication, record, or information.
2-23           Sec. 93.004.  APPLICATION OF CHAPTER.  This chapter does not
2-24     affect a duty to report child abuse under Chapter 261.
2-25           SECTION 3.  The subchapter heading of Subchapter D, Chapter
2-26     44, Health and Safety Code, is amended to read as follows:
 3-1          SUBCHAPTER D.  CONFIDENTIAL COMMUNICATIONS, RECORDS, AND
 3-2                                 INFORMATION
 3-3           SECTION 4.  Section 44.071, Health and Safety Code, is
 3-4     amended to read as follows:
 3-5           Sec. 44.071.  CONFIDENTIAL COMMUNICATIONS, RECORDS, AND
 3-6     INFORMATION.  (a)  A communication between an advocate and a
 3-7     survivor, or a person claiming to be a survivor, that is made in
 3-8     the course of providing sexual assault advocacy services to the
 3-9     survivor is confidential and may not be disclosed except as
3-10     provided by this subchapter.
3-11           (b)  A record of the identity, personal history, or
3-12     background information of a survivor or information concerning the
3-13     victimization of a survivor that is created by or provided to an
3-14     advocate or maintained by a sexual assault program is confidential
3-15     and may not be disclosed except as provided by this subchapter.
3-16           (c)  Information regarding a facility, including the name,
3-17     address, location, and telephone number of a safe house, shelter,
3-18     or other facility, that is operated by a sexual assault program and
3-19     that provides emergency shelter to a survivor is confidential and
3-20     may not be disclosed except as provided by this subchapter.
3-21           (d)  A person who receives information that is [from a]
3-22     confidential under [communication or record as described by] this
3-23     subchapter may not disclose the information except to the extent
3-24     that disclosure is consistent with the authorized purposes for
3-25     which the information was obtained.
3-26           (e) [(d)]  This subchapter governs a confidential
 4-1     communication, [or] record, or information concerning a survivor or
 4-2     confidential information concerning a sexual assault program
 4-3     facility regardless of when the survivor received the services of
 4-4     an advocate or sexual assault program.
 4-5           SECTION 5.  Section 44.072, Health and Safety Code, is
 4-6     amended to read as follows:
 4-7           Sec. 44.072.  Exceptions.  (a)  A communication, [or] record,
 4-8     or information that is confidential under this subchapter may be
 4-9     disclosed in court or in an administrative proceeding if:
4-10                 (1)  the proceeding is brought by the survivor against
4-11     an advocate or a sexual assault program or is a criminal proceeding
4-12     or a certification revocation proceeding in which disclosure is
4-13     relevant to the claims or defense of the advocate or sexual assault
4-14     program; or
4-15                 (2)  the survivor or a person authorized to act on
4-16     behalf of the survivor consents in writing to the release of a
4-17     [the] confidential communication, record, or information described
4-18     by Section 44.071(a) or (b) [as provided by Section 44.073].
4-19           (b)  In addition to the requirements of Subsection (a), a
4-20     confidential communication, record, or information described by
4-21     Section 44.071(a) or (b) may be disclosed in a criminal proceeding
4-22     if the survivor partially discloses the confidential communication,
4-23     record, or information while testifying and the court rules that:
4-24                 (1)  the evidence is relevant to a claim or defense of
4-25     the defendant; and
4-26                 (2)  justice requires that the confidentiality be
 5-1     waived as to that communication, record, or information.
 5-2           (c)  A communication, [or] record, or information that is
 5-3     confidential under this subchapter may be disclosed only to[:]
 5-4                 [(1)  medical or law enforcement personnel if the
 5-5     advocate determines that there is a probability of imminent
 5-6     physical danger to any person for whom the communication or record
 5-7     is relevant or if there is a probability of immediate mental or
 5-8     emotional injury to the survivor;]
 5-9                 [(2)  a governmental agency if the disclosure is
5-10     required or authorized by law;]
5-11                 [(3)  a qualified person to the extent necessary for a
5-12     management audit, financial audit, program evaluation, or research,
5-13     except that a report of the research, audit, or evaluation may not
5-14     directly or indirectly identify a survivor;]
5-15                 [(4)]  a person who has the written consent of the
5-16     survivor or of a person authorized to act on the survivor's behalf
5-17     [as provided by Section 44.073; or]
5-18                 [(5)  an advocate or a person under the supervision of a
5-19     counseling supervisor who is participating in the evaluation or
5-20     counseling of or advocacy for the survivor].
5-21           [(c)  A communication or record that is confidential under
5-22     this subchapter may not be disclosed to a parent or legal guardian
5-23     of a survivor who is a minor if an advocate or a sexual assault
5-24     program knows or has reason to believe that the parent or legal
5-25     guardian of the survivor is a suspect in the sexual assault of the
5-26     survivor.]
 6-1           SECTION 6.  Sections 44.073, 44.074, and 44.075, Health and
 6-2     Safety Code, are repealed.
 6-3           SECTION 7.  This Act takes effect September 1, 1999, and
 6-4     applies to a communication, record, or information relating to an
 6-5     act of family violence or sexual assault regardless of the date the
 6-6     family violence or sexual assault occurred.
 6-7           SECTION 8.  The importance of this legislation and the
 6-8     crowded condition of the calendars in both houses create an
 6-9     emergency and an imperative public necessity that the
6-10     constitutional rule requiring bills to be read on three several
6-11     days in each house be suspended, and this rule is hereby suspended.