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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of victims of sexual assault or other |
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prohibited sexual conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 15.051, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 15.051. [REQUIRING] POLYGRAPH EXAMINATION OF |
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COMPLAINANT PROHIBITED. |
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SECTION 2. Article 15.051(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A peace officer or an attorney representing the state |
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may not require, request, or take a polygraph examination of a |
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person who charges or seeks to charge in a complaint the commission |
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of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, |
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Penal Code. |
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SECTION 3. Article 56A.251(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) If [Except as provided by Subsection (b), if] a sexual |
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assault is reported to a law enforcement agency within 96 hours |
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after the assault, the law enforcement agency, with the consent of |
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the victim of the alleged assault, a person authorized to act on |
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behalf of the victim, or an employee of the Department of Family and |
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Protective Services, shall request a forensic medical examination |
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of the victim for use in the investigation or prosecution of the |
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offense. |
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SECTION 4. The heading to Subchapter H, Chapter 56A, Code of |
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Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING |
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FORENSIC MEDICAL EXAMINATION OR LAW ENFORCEMENT INTERVIEW |
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SECTION 5. Subchapter H, Chapter 56A, Code of Criminal |
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Procedure, is amended by adding Article 56A.3515 to read as |
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follows: |
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Art. 56A.3515. PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE |
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OR OTHER VICTIM'S REPRESENTATIVE DURING LAW ENFORCEMENT INTERVIEW. |
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(a) Before conducting an interview with a victim reporting a sexual |
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assault, the peace officer conducting the interview shall offer the |
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victim the opportunity to have an advocate from a sexual assault |
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program, as defined by Section 420.003, Government Code, be present |
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with the victim during the interview, if the advocate is available |
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at the time of the interview. The advocate must have completed a |
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sexual assault training program described by Section 420.011(b), |
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Government Code. |
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(b) If an advocate described by Subsection (a) is not |
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available at the time of the interview, the peace officer |
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conducting the interview shall offer the victim the opportunity to |
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have a crime victim liaison from the law enforcement agency or a |
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victim's assistance counselor from a state or local agency or other |
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entity be present with the victim during the interview. |
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(c) An advocate, liaison, or counselor authorized to be |
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present during an interview under this article may only provide the |
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victim reporting the sexual assault with: |
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(1) counseling and other support services; and |
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(2) information regarding the rights of crime victims |
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under Subchapter B. |
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(d) The advocate, liaison, or counselor and the sexual |
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assault program or other entity providing the advocate, liaison, or |
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counselor may not delay or otherwise impede the interview process. |
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(e) A sexual assault program providing an advocate under |
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Subsection (a) shall pay all costs associated with providing the |
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advocate. An entity providing a victim's assistance counselor |
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under Subsection (b) shall pay all costs associated with providing |
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the counselor. |
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(f) A peace officer or law enforcement agency that provides |
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an advocate, liaison, or counselor with access to a victim |
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reporting a sexual assault is not subject to civil or criminal |
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liability for providing that access. |
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SECTION 6. The following provisions of the Code of Criminal |
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Procedure are repealed: |
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(1) Articles 15.051(b) and (c); and |
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(2) Article 56A.251(b). |
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SECTION 7. This Act takes effect September 1, 2021. |