1-1                                   AN ACT
 1-2     relating to the establishment of a domestic violence fatality
 1-3     review team in certain counties; providing a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle C, Title 4, Family Code, is amended by
 1-6     adding Chapter 93 to read as follows:
 1-7            CHAPTER 93.  DOMESTIC VIOLENCE FATALITY REVIEW TEAMS
 1-8           Sec. 93.001.  DEFINITIONS. In this chapter:
 1-9                 (1)  "Autopsy" and "inquest" have the meanings assigned
1-10     by Article 49.01, Code of Criminal Procedure.
1-11                 (2)  "Bureau of vital statistics" means the bureau of
1-12     vital statistics of the Texas Department of Health.
1-13                 (3)  "Health care provider" means a health care
1-14     practitioner or facility that provides a medical evaluation or
1-15     treatment, including a dental and medical health evaluation or
1-16     treatment.
1-17                 (4)  "Meeting" means a face-to-face meeting or a
1-18     meeting held by telephone or another electronic medium.
1-19                 (5)  "Person" means a person older than 18 years of
1-20     age.
1-21                 (6)  "Preventable domestic violence death" means a
1-22     death that may have been prevented by reasonable medical, social,
1-23     legal, psychological, or educational intervention. The term
1-24     includes a death caused by:
 2-1                       (A)  an intentional or unintentional injury;
 2-2                       (B)  medical neglect;
 2-3                       (C)  lack of access to medical care; or
 2-4                       (D)  suicide.
 2-5                 (7)  "Review" means the reexamination of information
 2-6     regarding a deceased person acquired from relevant agencies,
 2-7     professionals, and health care providers.
 2-8                 (8)  "Review team" means a domestic violence fatality
 2-9     review team established under this chapter.
2-10                 (9)  "Unexpected death" includes the death of a person
2-11     that, before an investigation is conducted, appears to have
2-12     occurred without anticipation or forewarning as a result of:
2-13                       (A)  trauma, suspicious or obscure circumstances,
2-14     abuse or neglect, or an unknown cause; or
2-15                       (B)  suicide.
2-16           Sec. 93.002.  ESTABLISHMENT OF REVIEW TEAM; FUNDING. (a)  A
2-17     multidisciplinary and multiagency domestic violence fatality review
2-18     team may be established in a county with a population of one
2-19     million or more to review domestic violence deaths and unexpected
2-20     deaths in the county.
2-21           (b)  Any person who may be a member of a review team under
2-22     Subsection (c) may initiate the establishment of a review team and
2-23     may call the first organizational meeting of the team.
2-24           (c)  A review team may consist of:
2-25                 (1)  a criminal prosecutor involved in prosecuting
2-26     domestic violence crimes;
2-27                 (2)  the judge of the family violence county criminal
 3-1     court or the court exercising similar jurisdiction;
 3-2                 (3)  the sheriff;
 3-3                 (4)  a justice of the peace;
 3-4                 (5)  a medical examiner;
 3-5                 (6)  a police chief;
 3-6                 (7)  a physician experienced in diagnosing and treating
 3-7     domestic violence abuse and neglect;
 3-8                 (8)  a mental health services provider;
 3-9                 (9)  a public health professional;
3-10                 (10)  a domestic violence family service provider;
3-11                 (11)  a domestic violence victims advocate;
3-12                 (12)  a domestic violence probation officer or another
3-13     similar probation officer; and
3-14                 (13)  a battering intervention advocate.
3-15           (d)  The commissioners court for the county shall determine,
3-16     to the extent necessary, the method for funding the review team.
3-17           Sec. 93.003.  PURPOSE AND DUTIES OF REVIEW TEAM. (a)  The
3-18     purpose of a review team is to decrease the incidence of
3-19     preventable domestic violence deaths by:
3-20                 (1)  promoting cooperation, communication, and
3-21     coordination among agencies involved in responding to domestic
3-22     violence deaths in the county;
3-23                 (2)  recommending changes to agencies, through the
3-24     appropriate review team member, that will reduce the number of
3-25     preventable domestic violence deaths; and
3-26                 (3)  addressing the need for changes to law, policy, or
3-27     practice that will assist the team and the represented agencies in
 4-1     fulfilling their duties.
 4-2           (b)  To achieve its purpose, a review team shall:
 4-3                 (1)  develop and implement protocols and procedures for
 4-4     handling each domestic violence fatality case;
 4-5                 (2)  investigate ways to implement the recommendations
 4-6     made by the team;
 4-7                 (3)  meet on a regular basis to review domestic
 4-8     violence fatality cases and recommend methods to improve the
 4-9     coordination of services and investigations between agencies that
4-10     are represented on the team;
4-11                 (4)  collect and maintain data; and
4-12                 (5)  submit to the bureau of vital statistics reports
4-13     on deaths reviewed by the team.
4-14           (c)  A review team shall initiate prevention measures as
4-15     indicated by the review team's findings.
4-16           Sec. 93.004.  DUTIES OF PRESIDING OFFICER. A review team
4-17     shall designate a presiding officer for the team who shall:
4-18                 (1)  send to the review team members notices of each
4-19     meeting to review a domestic violence fatality or unexpected death;
4-20                 (2)  provide to the review team members a list of each
4-21     domestic violence fatality or unexpected death to be reviewed at a
4-22     meeting; and
4-23                 (3)  submit an annual report to the Department of
4-24     Protective and Regulatory Services of each review conducted by the
4-25     review team during the period covered by the report.
4-26           Sec. 93.005.  REVIEW PROCEDURE. (a)  A review team shall
4-27     review injuries, illnesses, or events that were the cause of a
 5-1     death, as stated on the person's death certificate, that occurs in
 5-2     the county.
 5-3           (b)  On receipt of the list of domestic violence fatalities
 5-4     and unexpected deaths under Section 93.004(2), each review team
 5-5     member shall review the member's records and, if appropriate, the
 5-6     records of the member's agency for information regarding each
 5-7     listed victim.
 5-8           Sec. 93.006.  ACCESS TO INFORMATION. (a)  A review team may
 5-9     request records and other information regarding a deceased person
5-10     as necessary to carry out the review team's purpose and duties.
5-11     Records and other information that may be requested under this
5-12     section include:
5-13                 (1)  medical, dental, and mental health information;
5-14                 (2)  information relating to social services provided
5-15     to the person and any emergency shelter the person may have used;
5-16     and
5-17                 (3)  information and records maintained by a state
5-18     agency or an agency of a political subdivision of the state,
5-19     including:
5-20                       (A)  a birth certificate;
5-21                       (B)  a law enforcement agency's investigative
5-22     information, upon completion of the investigation;
5-23                       (C)  the medical examiner's investigative
5-24     information, including autopsy and inquest;
5-25                       (D)  court records;
5-26                       (E)  parole and probation information and
5-27     records; and
 6-1                       (F)  records and other information relating to
 6-2     protective services.
 6-3           (b)  On request by the presiding officer of a review team,
 6-4     the custodian of the relevant records or other information relating
 6-5     to a deceased person shall provide the requested records to the
 6-6     review team.
 6-7           (c)  Information relating to the mental health or medical
 6-8     condition of a member of the deceased person's family or of any
 6-9     alleged or suspected perpetrator of abuse obtained as part of an
6-10     investigation by a state agency or an agency of a political
6-11     subdivision of the state may be provided to the review team.  This
6-12     subsection does not authorize the release of the original or a copy
6-13     of a mental health or medical record of any member of the deceased
6-14     person's family or of any alleged or suspected perpetrator of abuse
6-15     that is in the possession of a state agency or an agency of a
6-16     political subdivision of the state as provided by Subsection
6-17     (a)(3).
6-18           Sec. 93.007.  MEETING OF REVIEW TEAM. (a)  A meeting of the
6-19     review team is closed to the public and is not subject to Chapter
6-20     551, Government Code.
6-21           (b)  This section does not prohibit a review team from
6-22     requesting the attendance at a closed meeting of a person who is
6-23     not a member of the review team and who has information regarding a
6-24     deceased person.
6-25           (c)  Except as necessary to carry out a review team's purpose
6-26     and duties, a member of a review team and any other person
6-27     attending a review team meeting may not disclose what occurred at
 7-1     the meeting.
 7-2           Sec. 93.008.  USE OF RECORDS AND OTHER INFORMATION;
 7-3     CONFIDENTIALITY; PENALTY. (a)  Records and other information
 7-4     acquired by a review team in the exercise of its purpose and duties
 7-5     under this chapter are confidential and are not public information
 7-6     for purposes of Chapter 552, Government Code.  The records and
 7-7     other information may be disclosed only as necessary to carry out
 7-8     the review team's purpose or duties.
 7-9           (b)  A report prepared by a review team or a statistical
7-10     compilation of data prepared by a review team may be released under
7-11     this chapter only if the report or statistical compilation does not
7-12     contain any information that would permit the identification of an
7-13     individual.
7-14           (c)  A member of a review team may not disclose any
7-15     information that is confidential under this section.
7-16           (d)  A person commits an offense if the person discloses
7-17     information made confidential by this section.  An offense under
7-18     this subsection is a Class A misdemeanor.
7-19           Sec. 93.009.  STATUS OF REVIEW TEAM FOR PURPOSES OF OTHER
7-20     LAW. For the purposes of Chapter 101, Civil Practice and Remedies
7-21     Code, a review team is a governmental unit and a unit of local
7-22     government.
7-23           SECTION 2.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2676 was passed by the House on May
         11, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 2676 on May 25, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2676 was passed by the Senate, with
         amendments, on May 21, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor