| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to confidential communications of victims of certain |
|
|
family violence offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subtitle C, Title 4, Family Code, |
|
|
is amended to read as follows: |
|
|
SUBTITLE C. [REPORTING] FAMILY VIOLENCE REPORTING AND SERVICES |
|
|
SECTION 2. Subtitle C, Title 4, Family Code, is amended by |
|
|
adding Chapter 93 to read as follows: |
|
|
CHAPTER 93. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS |
|
|
Sec. 93.001. DEFINITIONS. In this chapter: |
|
|
(1) "Advocate" means a person who has at least 20 hours |
|
|
of training in assisting victims of family violence and is an |
|
|
employee or volunteer of a family violence center. |
|
|
(2) "Family violence center" means a public or private |
|
|
nonprofit organization that provides, as its primary purpose, |
|
|
services to victims of family violence, including the services |
|
|
described by Section 51.005(b)(3), Human Resources Code. |
|
|
(3) "Victim" has the meaning assigned to "victim of |
|
|
family violence" by Section 51.002, Human Resources Code. |
|
|
Sec. 93.002. CONFIDENTIAL COMMUNICATIONS. A written or |
|
|
oral communication between an advocate and a victim made in the |
|
|
course of advising, advocating for, counseling, or assisting the |
|
|
victim is confidential and may not be disclosed. |
|
|
Sec. 93.003. PRIVILEGED COMMUNICATIONS. (a) A victim has a |
|
|
privilege to refuse to disclose and to prevent another from |
|
|
disclosing a confidential communication described by Section |
|
|
93.002. |
|
|
(b) The privilege may be claimed by: |
|
|
(1) a victim or a victim's attorney on a victim's |
|
|
behalf; |
|
|
(2) a parent, guardian, or conservator of a victim |
|
|
under 18 years of age; or |
|
|
(3) an advocate or a family violence center on a |
|
|
victim's behalf. |
|
|
Sec. 93.004. EXCEPTIONS. (a) A communication that is |
|
|
confidential under this chapter may be disclosed only: |
|
|
(1) to another individual employed by or volunteering |
|
|
for a family violence center for the purpose of furthering the |
|
|
advocacy process; |
|
|
(2) to other persons in the context of a support group |
|
|
or group counseling in which a victim is a participant; or |
|
|
(3) for the purposes of making a report under Chapter |
|
|
261 of this code or Section 48.051, Human Resources Code. |
|
|
(b) Notwithstanding Subsection (a), the Texas Rules of |
|
|
Evidence govern the disclosure of a communication that is |
|
|
confidential under this chapter in a criminal or civil proceeding |
|
|
by an expert witness who relies on facts or data from the |
|
|
communication to form the basis of the expert's opinion. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |