1-1     By:  Truitt (Senate Sponsor - Madla)                  H.B. No. 2676
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the establishment of a domestic violence fatality
 1-9     review team in certain counties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subtitle C, Title 4, Family Code, is amended by
1-12     adding Chapter 93 to read as follows:
1-13            CHAPTER 93.  DOMESTIC VIOLENCE FATALITY REVIEW TEAMS
1-14           Sec. 93.001.  DEFINITIONS. In this chapter:
1-15                 (1)  "Autopsy" and "inquest" have the meanings assigned
1-16     by Article 49.01, Code of Criminal Procedure.
1-17                 (2)  "Bureau of vital statistics" means the bureau of
1-18     vital statistics of the Texas Department of Health.
1-19                 (3)  "Health care provider" means a health care
1-20     practitioner or facility that provides a medical evaluation or
1-21     treatment, including a dental and medical health evaluation or
1-22     treatment.
1-23                 (4)  "Meeting" means a face-to-face meeting or a
1-24     meeting held by telephone or another electronic medium.
1-25                 (5)  "Person" means a person older than 18 years of
1-26     age.
1-27                 (6)  "Preventable domestic violence death" means a
1-28     death that may have been prevented by reasonable medical, social,
1-29     legal, psychological, or educational intervention. The term
1-30     includes a death caused by:
1-31                       (A)  an intentional or unintentional injury;
1-32                       (B)  medical neglect;
1-33                       (C)  lack of access to medical care; or
1-34                       (D)  suicide.
1-35                 (7)  "Review" means the reexamination of information
1-36     regarding a deceased person acquired from relevant agencies,
1-37     professionals, and health care providers.
1-38                 (8)  "Review team" means a domestic violence fatality
1-39     review team established under this chapter.
1-40                 (9)  "Unexpected death" includes the death of a person
1-41     that, before an investigation is conducted, appears to have
1-42     occurred without anticipation or forewarning as a result of:
1-43                       (A)  trauma, suspicious or obscure circumstances,
1-44     abuse or neglect, or an unknown cause; or
1-45                       (B)  suicide.
1-46           Sec. 93.002.  ESTABLISHMENT OF REVIEW TEAM; FUNDING. (a)  A
1-47     multidisciplinary and multiagency domestic violence fatality review
1-48     team may be established in a county with a population of one
1-49     million or more that contains two or more municipalities, each of
1-50     which has a population of 250,000 or more, to review domestic
1-51     violence deaths and unexpected deaths in the county.
1-52           (b)  Any person who may be a member of a review team under
1-53     Subsection (c) may initiate the establishment of a review team and
1-54     may call the first organizational meeting of the team.
1-55           (c)  A review team may consist of:
1-56                 (1)  a criminal prosecutor involved in prosecuting
1-57     domestic violence crimes;
1-58                 (2)  the judge of the family violence county criminal
1-59     court or the court exercising similar jurisdiction;
1-60                 (3)  the sheriff;
1-61                 (4)  a justice of the peace;
1-62                 (5)  a medical examiner;
1-63                 (6)  a police chief;
1-64                 (7)  a physician experienced in diagnosing and treating
 2-1     domestic violence abuse and neglect;
 2-2                 (8)  a mental health services provider;
 2-3                 (9)  a public health professional;
 2-4                 (10)  a domestic violence family service provider;
 2-5                 (11)  a domestic violence victims advocate;
 2-6                 (12)  a domestic violence probation officer or another
 2-7     similar probation officer; and
 2-8                 (13)  a battering intervention advocate.
 2-9           (d)  The commissioners court for the county shall determine
2-10     the method for funding the review team.
2-11           Sec. 93.003.  PURPOSE AND DUTIES OF REVIEW TEAM. (a)  The
2-12     purpose of a review team is to decrease the incidence of
2-13     preventable domestic violence deaths by:
2-14                 (1)  promoting cooperation, communication, and
2-15     coordination among agencies involved in responding to domestic
2-16     violence deaths in the county;
2-17                 (2)  recommending changes to agencies, through the
2-18     appropriate review team member, that will reduce the number of
2-19     preventable domestic violence deaths; and
2-20                 (3)  addressing the need for changes to law, policy, or
2-21     practice that will assist the team and the represented agencies in
2-22     fulfilling their duties.
2-23           (b)  To achieve its purpose, a review team shall:
2-24                 (1)  develop and implement protocols and procedures for
2-25     handling each domestic violence fatality case;
2-26                 (2)  investigate ways to implement the recommendations
2-27     made by the team;
2-28                 (3)  meet on a regular basis to review domestic
2-29     violence fatality cases and recommend methods to improve the
2-30     coordination of services and investigations between agencies that
2-31     are represented on the team;
2-32                 (4)  collect and maintain data; and
2-33                 (5)  submit to the bureau of vital statistics reports
2-34     on deaths reviewed by the team.
2-35           (c)  A review team shall initiate prevention measures as
2-36     indicated by the review team's findings.
2-37           Sec. 93.004.  DUTIES OF PRESIDING OFFICER. A review team
2-38     shall designate a presiding officer for the team who shall:
2-39                 (1)  send to the review team members notices of each
2-40     meeting to review a domestic violence fatality or unexpected death;
2-41                 (2)  provide to the review team members a list of each
2-42     domestic violence fatality or unexpected death to be reviewed at a
2-43     meeting; and
2-44                 (3)  submit a report to the bureau of vital statistics
2-45     not later than the 30th day after the date the review occurred.
2-46           Sec. 93.005.  REVIEW PROCEDURE. (a)  A review team shall
2-47     review injuries, illnesses, or events that were the cause of a
2-48     death, as stated on the person's death certificate, that occurs in
2-49     the county.
2-50           (b)  On receipt of the list of domestic violence fatalities
2-51     and unexpected deaths under Section 93.004(2), each review team
2-52     member shall review the member's records and, if appropriate, the
2-53     records of the member's agency for information regarding each
2-54     listed victim.
2-55           Sec. 93.006.  ACCESS TO INFORMATION. (a)  A review team may
2-56     request records and other information regarding a deceased person
2-57     as necessary to carry out the review team's purpose and duties.
2-58     Records and other information that may be requested under this
2-59     section include:
2-60                 (1)  medical, dental, and mental health information;
2-61                 (2)  information relating to social services provided
2-62     to the person and any emergency shelter the person may have used;
2-63     and
2-64                 (3)  information and records maintained by a state
2-65     agency or an agency of a political subdivision of the state,
2-66     including:
2-67                       (A)  a birth certificate;
2-68                       (B)  a law enforcement agency's investigative
2-69     information;
 3-1                       (C)  the medical examiner's investigative
 3-2     information, including autopsy and inquest;
 3-3                       (D)  court records;
 3-4                       (E)  parole and probation information and
 3-5     records; and
 3-6                       (F)  records and other information relating to
 3-7     protective services.
 3-8           (b)  On request by the presiding officer of a review team,
 3-9     the custodian of the relevant records or other information relating
3-10     to a deceased person shall provide the requested records to the
3-11     review team.
3-12           (c)  Information relating to the mental health or medical
3-13     condition of a member of the deceased person's family or of any
3-14     alleged or suspected perpetrator of abuse obtained as part of an
3-15     investigation by a state agency or an agency of a political
3-16     subdivision of the state may be provided to the review team.  This
3-17     subsection does not authorize the release of the original or a copy
3-18     of a mental health or medical record of any member of the deceased
3-19     person's family or of any alleged or suspected perpetrator of abuse
3-20     that is in the possession of a state agency or an agency of a
3-21     political subdivision of the state as provided by Subsection
3-22     (a)(3).
3-23           Sec. 93.007.  MEETING OF REVIEW TEAM. (a)  A meeting of the
3-24     review team is closed to the public and is not subject to Chapter
3-25     551, Government Code.
3-26           (b)  This section does not prohibit a review team from
3-27     requesting the attendance at a closed meeting of a person who is
3-28     not a member of the review team and who has information regarding a
3-29     deceased person.
3-30           (c)  Except as necessary to carry out a review team's purpose
3-31     and duties, a member of a review team and any other person
3-32     attending a review team meeting may not disclose what occurred at
3-33     the meeting.
3-34           Sec. 93.008.  USE OF RECORDS AND OTHER INFORMATION;
3-35     CONFIDENTIALITY. (a)  Records and other information acquired by a
3-36     review team in the exercise of its purpose and duties under this
3-37     chapter are confidential and are not public information for
3-38     purposes of Chapter 552, Government Code.  The records and other
3-39     information may be disclosed only as necessary to carry out the
3-40     review team's purpose or duties.
3-41           (b)  A report prepared by a review team or a statistical
3-42     compilation of data prepared by a review team may be released under
3-43     this chapter only if the report or statistical compilation does not
3-44     contain any information that would permit the identification of an
3-45     individual.
3-46           (c)  A member of a review team may not disclose any
3-47     information that is confidential under this section.
3-48           Sec. 93.009.  STATUS OF REVIEW TEAM FOR PURPOSES OF OTHER
3-49     LAW. For the purposes of Chapter 101, Civil Practice and Remedies
3-50     Code, a review team is a governmental unit and a unit of local
3-51     government.
3-52           Sec. 93.010.  CIVIL LIABILITY FOR DISCLOSURE OF INFORMATION.
3-53     Subject to the limits described in Section 101.023(b), Civil
3-54     Practice and Remedies Code, a team organized pursuant to this
3-55     chapter, or any member thereof, may be civilly liable for damages
3-56     caused by the disclosure of information gathered pursuant to an
3-57     investigation if such disclosure is made in violation of Section
3-58     93.007 and Section 93.008.
3-59           SECTION 2.  This Act takes effect September 1, 2001.
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