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.