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A BILL TO BE ENTITLED
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AN ACT
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relating to confidential communications of victims of certain |
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family violence offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle C, Title 4, Family Code, |
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is amended to read as follows: |
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SUBTITLE C. [REPORTING] FAMILY VIOLENCE REPORTING AND SERVICES |
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SECTION 2. Subtitle C, Title 4, Family Code, is amended by |
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adding Chapter 93 to read as follows: |
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CHAPTER 93. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS |
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Sec. 93.001. DEFINITIONS. In this chapter: |
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(1) "Advocate" means a person who has at least 20 hours |
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of training in assisting victims of family violence and is an |
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employee or volunteer of a family violence center. |
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(2) "Family violence center" means a public or private |
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nonprofit organization that provides, as its primary purpose, |
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services to victims of family violence, including the services |
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described by Section 51.005(b)(3), Human Resources Code. |
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(3) "Victim" has the meaning assigned to "victim of |
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family violence" by Section 51.002, Human Resources Code. |
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Sec. 93.002. CONFIDENTIAL COMMUNICATIONS. A written or |
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oral communication between an advocate and a victim made in the |
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course of advising, advocating for, counseling, or assisting the |
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victim is confidential and may not be disclosed. |
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Sec. 93.003. PRIVILEGED COMMUNICATIONS. (a) A victim has a |
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privilege to refuse to disclose and to prevent another from |
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disclosing a confidential communication described by Section |
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93.002. |
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(b) The privilege may be claimed by: |
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(1) a victim or a victim's attorney on a victim's |
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behalf; |
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(2) a parent, guardian, or conservator of a victim |
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under 18 years of age; or |
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(3) an advocate or a family violence center on a |
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victim's behalf. |
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Sec. 93.004. EXCEPTIONS. (a) A communication that is |
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confidential under this chapter may be disclosed only: |
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(1) to another individual employed by or volunteering |
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for a family violence center for the purpose of furthering the |
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advocacy process; |
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(2) for the purpose of seeking evidence that is |
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admissible under Article 38.49, Code of Criminal Procedure, |
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following an in camera review and a determination that the |
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communication is admissible under that article; |
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(3) to other persons in the context of a support group |
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or group counseling in which a victim is a participant; or |
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(4) for the purposes of making a report under Chapter |
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261 of this code or Section 48.051, Human Resources Code. |
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(b) Notwithstanding Subsection (a), the Texas Rules of |
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Evidence govern the disclosure of a communication that is |
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confidential under this chapter in a criminal or civil proceeding |
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by an expert witness who relies on facts or data from the |
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communication to form the basis of the expert's opinion. |
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(c) If the family violence center, at the request of the |
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victim, discloses a communication privileged under this chapter for |
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the purpose of a criminal or civil proceeding, the family violence |
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center shall disclose the communication to all parties to that |
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criminal or civil proceeding. |
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SECTION 3. This Act takes effect September 1, 2017. |
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