By: Howard, Tinderholt, Harless, Neave, H.B. No. 1172
      White, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights of victims of sexual assault or other
  prohibited sexual conduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Article 15.051, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 15.051.  [REQUIRING] POLYGRAPH EXAMINATION OF
  COMPLAINANT PROHIBITED.
         SECTION 2.  Article 15.051(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A peace officer or an attorney representing the state
  may not require, request, or take a polygraph examination of a
  person who charges or seeks to charge in a complaint the commission
  of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02,
  Penal Code.
         SECTION 3.  Article 56A.251(a), Code of Criminal Procedure,
  is amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of
  the 86th Legislature, Regular Session, 2019, and is further amended
  to read as follows:
         (a)  If [Except as provided by Subsection (b), if] a sexual
  assault is reported to a law enforcement agency within 120 [96]
  hours after the assault, the law enforcement agency, with the
  consent of the victim of the alleged assault, a person authorized to
  act on behalf of the victim, or an employee of the Department of
  Family and Protective Services, shall request a forensic medical
  examination of the victim for use in the investigation or
  prosecution of the offense.
         SECTION 4.  The heading to Subchapter H, Chapter 56A, Code of
  Criminal Procedure, is amended to read as follows:
  SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
  FORENSIC MEDICAL EXAMINATION OR LAW ENFORCEMENT INTERVIEW
         SECTION 5.  Subchapter H, Chapter 56A, Code of Criminal
  Procedure, is amended by adding Article 56A.3515 to read as
  follows:
         Art. 56A.3515.  PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE
  OR OTHER VICTIM'S REPRESENTATIVE DURING LAW ENFORCEMENT INTERVIEW.  
  (a)  Before conducting an investigative interview with a victim
  reporting a sexual assault, other than a victim who is a minor as
  defined by Section 101.003, Family Code, the peace officer
  conducting the interview shall offer the victim the opportunity to
  have an advocate from a sexual assault program, as defined by
  Section 420.003, Government Code, be present with the victim during
  the interview, if the advocate is available at the time of the
  interview.  The advocate must have completed a sexual assault
  training program described by Section 420.011(b), Government Code.
         (b)  If an advocate described by Subsection (a) is not
  available at the time of the interview, the peace officer
  conducting the interview shall offer the victim the opportunity to
  have a crime victim liaison from the law enforcement agency, a peace
  officer who has completed a sexual assault training program
  described by Section 420.011(b), Government Code, or a victim's
  assistance counselor from a state or local agency or other entity be
  present with the victim during the interview.
         (c)  An advocate, liaison, officer, or counselor authorized
  to be present during an interview under this article may only
  provide the victim reporting the sexual assault with:
               (1)  counseling and other support services; and
               (2)  information regarding the rights of crime victims
  under Subchapter B.
         (d)  The advocate, liaison, officer, or counselor and the
  sexual assault program or other entity providing the advocate,
  liaison, officer, or counselor may not delay or otherwise impede
  the interview process.
         (e)  A sexual assault program providing an advocate under
  Subsection (a) shall pay all costs associated with providing the
  advocate.  An entity providing a victim's assistance counselor
  under Subsection (b) shall pay all costs associated with providing
  the counselor.
         (f)  A peace officer or law enforcement agency that provides
  an advocate, liaison, officer, or counselor with access to a victim
  reporting a sexual assault is not subject to civil or criminal
  liability for providing that access.
         SECTION 6.  Article 56A.352, Code of Criminal Procedure, is
  amended by amending Subsections (b) and (d) and adding Subsection
  (b-1) to read as follows:
         (b)  If a victim alleging to have sustained injuries as the
  victim of a sexual assault was confined in a penal institution at
  the time of the alleged assault, the penal institution shall
  provide, at the victim's request, a representative to be present
  with the victim:
               (1)  at any forensic medical examination conducted for
  the purpose of collecting and preserving evidence related to the
  investigation or prosecution of the alleged assault; and
               (2)  during an investigative interview conducted by a
  peace officer in relation to the investigation of the alleged
  assault.
         (b-1)  The representative provided by the penal institution
  under Subsection (b) must:
               (1)  be approved by the penal institution; and
               (2)  be a:
                     (A)  psychologist;
                     (B)  sociologist;
                     (C)  chaplain;
                     (D)  social worker;
                     (E)  case manager; or
                     (F)  volunteer who has completed a sexual assault
  training program described by Section 420.011(b), Government Code.
         (d)  A representative may not delay or otherwise impede:
               (1)  the screening or stabilization of an emergency
  medical condition; or
               (2)  the interview process.
         SECTION 7.  The following provisions of the Code of Criminal
  Procedure are repealed:
               (1)  Articles 15.051(b) and (c); and
               (2)  Article 56A.251(b).
         SECTION 8.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 9.  This Act takes effect September 1, 2021.