By Barrientos S.B. No. 959
77R7381 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to confidentiality of information regarding a victim of
1-3 sexual assault or family violence.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Subtitle C, Title 4, Family Code,
1-6 is amended to read as follows:
1-7 SUBTITLE C. [REPORTING] FAMILY VIOLENCE REPORTING AND SERVICES
1-8 SECTION 2. Subtitle C, Title 4, Family Code, is amended by
1-9 adding Chapter 93 to read as follows:
1-10 CHAPTER 93. CONFIDENTIAL COMMUNICATIONS, RECORDS, AND 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
1-23 family violence suffered by the victim, created by or provided to
1-24 an advocate or maintained by a family violence program is
2-1 confidential and may not be disclosed.
2-2 (c) Information regarding a facility, including the name,
2-3 address, location, and telephone number of a safe house, abuse
2-4 shelter, or other facility, that is operated by a family violence
2-5 program and that provides emergency shelter to a victim of family
2-6 violence is confidential and may not be disclosed.
2-7 Sec. 93.003. EXCEPTIONS. (a) A communication, a record, or
2-8 information described by Section 93.002 may be disclosed in a
2-9 civil, criminal, or administrative proceeding only if the
2-10 proceeding is brought by the victim against an advocate or a family
2-11 violence program.
2-12 (b) In addition to the disclosure authorized under
2-13 Subsection (a), a communication, a record, or information described
2-14 by Section 93.002(a) or (b) may be disclosed in a criminal
2-15 proceeding if the victim partially discloses the confidential
2-16 communication, record, or information while testifying and the
2-17 court rules that:
2-18 (1) the evidence is relevant to a claim or defense of
2-19 the defendant; and
2-20 (2) justice requires that the confidentiality be
2-21 waived as to that communication, record, or information.
2-22 Sec. 93.004. APPLICATION OF CHAPTER. This chapter does not
2-23 affect a duty to report child abuse under Chapter 261.
2-24 SECTION 3. The heading to Subchapter D, Chapter 44, Health
2-25 and Safety Code, is amended to read as follows:
2-26 SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONS, RECORDS, AND
2-27 INFORMATION
3-1 SECTION 4. Section 44.071, Health and Safety Code, is
3-2 amended to read as follows:
3-3 Sec. 44.071. CONFIDENTIAL COMMUNICATIONS, RECORDS, AND
3-4 INFORMATION. (a) A communication between an advocate and a
3-5 survivor, or a person claiming to be a survivor, that is made in
3-6 the course of providing sexual assault advocacy services to the
3-7 survivor is confidential and may not be disclosed except as
3-8 provided by this subchapter.
3-9 (b) A record of the identity, personal history, or
3-10 background information of a survivor or information concerning the
3-11 victimization of a survivor that is created by or provided to an
3-12 advocate or maintained by a sexual assault program is confidential
3-13 and may not be disclosed except as provided by this subchapter.
3-14 (c) Information regarding a facility, including the name,
3-15 address, location, and telephone number of a safe house, shelter,
3-16 or other facility, that is operated by a sexual assault program and
3-17 that provides emergency shelter to a survivor is confidential and
3-18 may not be disclosed except as provided by this subchapter.
3-19 (d) A person who receives information that is [from a]
3-20 confidential under [communication or record as described by] this
3-21 subchapter may not disclose the information except to the extent
3-22 that disclosure is consistent with the authorized purposes for
3-23 which the information was obtained.
3-24 (e) [(d)] This subchapter governs a confidential
3-25 communication or record or information concerning a survivor or
3-26 confidential information concerning a sexual assault program
3-27 facility regardless of when the survivor received the services of
4-1 an advocate or sexual assault program.
4-2 SECTION 5. Section 44.072, Health and Safety Code, is
4-3 amended to read as follows:
4-4 Sec. 44.072. EXCEPTIONS. (a) A communication, [or] record,
4-5 or information that is confidential under this subchapter may be
4-6 disclosed in court or in an administrative proceeding if:
4-7 (1) the proceeding is brought by the survivor against
4-8 an advocate or a sexual assault program or is a criminal proceeding
4-9 or a certification revocation proceeding in which disclosure is
4-10 relevant to the claims or defense of the advocate or sexual assault
4-11 program; or
4-12 (2) the survivor or a person authorized to act on
4-13 behalf of the survivor consents in writing to the release of a
4-14 [the] confidential communication, record, or information described
4-15 by Section 44.071(a) or (b) [as provided by Section 44.073].
4-16 (b) In addition to the disclosure authorized under
4-17 Subsection (a), a communication, a record, or information described
4-18 by Section 44.071(a) or (b) may be disclosed in a criminal
4-19 proceeding if the survivor partially discloses the confidential
4-20 communication, record, or information while testifying and the
4-21 court rules that:
4-22 (1) the evidence is relevant to a claim or defense of
4-23 the defendant; and
4-24 (2) justice requires that the confidentiality be
4-25 waived as to that communication, record, or information.
4-26 (c) A communication, a [or] record, or information that is
4-27 confidential under this subchapter may be disclosed only to[:]
5-1 [(1) medical or law enforcement personnel if the
5-2 advocate determines that there is a probability of imminent
5-3 physical danger to any person for whom the communication or record
5-4 is relevant or if there is a probability of immediate mental or
5-5 emotional injury to the survivor;]
5-6 [(2) a governmental agency if the disclosure is
5-7 required or authorized by law;]
5-8 [(3) a qualified person to the extent necessary for a
5-9 management audit, financial audit, program evaluation, or research,
5-10 except that a report of the research, audit, or evaluation may not
5-11 directly or indirectly identify a survivor;]
5-12 [(4)] a person who has the written consent of:
5-13 (1) the survivor; or
5-14 (2) [of] a person authorized to act on the survivor's
5-15 behalf [as provided by Section 44.073; or]
5-16 [(5) an advocate or a person under the supervision of
5-17 a counseling supervisor who is participating in the evaluation or
5-18 counseling of or advocacy for the survivor].
5-19 [(c) A communication or record that is confidential under
5-20 this subchapter may not be disclosed to a parent or legal guardian
5-21 of a survivor who is a minor if an advocate or a sexual assault
5-22 program knows or has reason to believe that the parent or legal
5-23 guardian of the survivor is a suspect in the sexual assault of the
5-24 survivor.]
5-25 SECTION 6. Sections 44.073, 44.074, and 44.075, Health and
5-26 Safety Code, are repealed.
5-27 SECTION 7. (a) This Act takes effect September 1, 2001, and
6-1 applies to a communication, a record, or information relating to an
6-2 act of family violence or sexual assault that is committed on or
6-3 after that date.
6-4 (b) A communication, a record, or information relating to an
6-5 act of family violence or sexual assault that is committed before
6-6 the effective date of this Act is governed by the law in effect
6-7 immediately before the effective date of this Act, and the former
6-8 law is continued in effect for that purpose.