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A BILL TO BE ENTITLED
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AN ACT
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relating to establishment of county adult sexual assault response |
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teams. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 351, Local Government Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. COUNTY ADULT SEXUAL ASSAULT RESPONSE TEAMS |
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Sec. 351.251. DEFINITIONS. In this subchapter: |
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(1) "Adult" means an individual who is not a child as |
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defined by Section 101.003, Family Code. |
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(2) "Program" means a program that: |
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(A) operates independently from a law |
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enforcement agency or prosecutor's office; |
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(B) is operated by a local public or private |
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nonprofit corporation either independently or as part of a |
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municipal, county, or state agency; and |
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(C) provides the minimum services, as defined by |
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Section 420.003, Government Code, to adult survivors of stranger |
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and non-stranger sexual assault. |
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(3) "Response team" means a multidisciplinary team |
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established under this subchapter to strengthen the collaborative |
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response and enhance health and judicial outcomes for sexual |
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assault survivors who are adults. |
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(4) "Survivor" means an individual who is a victim of a |
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sexual assault or other sex offense, regardless of whether a police |
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report is filed for the incident. |
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Sec. 351.252. ESTABLISHMENT. (a) Except as provided by |
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Subsection (b), the commissioners court of each county shall |
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establish an adult sexual assault response team that includes the |
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following members appointed by the commissioners court: |
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(1) the chief administrator, or the chief |
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administrator's designee, of a program that provides services for |
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the county; |
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(2) a prosecutor with jurisdiction in the county over |
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cases involving sexual assault committed against adults; |
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(3) the chief, or the chief's designee, of the |
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municipal police department with the largest population in the |
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county, provided a municipality in the county has a municipal |
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police department; |
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(4) the sheriff or the sheriff's designee; |
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(5) either: |
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(A) a sexual assault nurse examiner or forensic |
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examiner from a facility that conducts sexual assault forensic |
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exams for the county; or |
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(B) a representative from the largest health care |
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provider operating in the county if the county does not have a |
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professional described by Paragraph (A); |
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(6) a behavioral health services provider operating in |
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the county or, if the county does not have a behavioral health |
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services provider, a representative from the county health |
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department; and |
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(7) other persons the presiding officer of the |
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response team considers necessary for the operation of the response |
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team or as recommended by the response team. |
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(b) Two or more contiguous counties, each with a population |
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of 50,000 or less, may partner to form a multicounty response team. |
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Sec. 351.253. PRESIDING OFFICER. The response team shall |
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elect a presiding officer from among its members. |
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Sec. 351.254. MEETINGS. (a) A response team shall meet: |
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(1) at least quarterly at a time determined by the |
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presiding officer; |
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(2) not later than the 90th day after the last day of a |
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regular legislative session to review and amend as necessary any |
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protocols, forms, or guidelines developed under this subchapter; |
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and |
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(3) at any other time at the call of the presiding |
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officer. |
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(b) If a response team member is unable to participate in a |
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response team meeting, the member or entity the member is |
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representing may designate another individual to represent the |
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member or entity at the meeting. Each member or a designee of that |
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member must participate in all response team meetings. |
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(c) A response team member must attend the quarterly |
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meetings held as required under Subsection (a)(1) to participate in |
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response team functions. |
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(d) A response team shall meet independently of a children's |
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advocacy center multidisciplinary team described by Section |
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264.406, Family Code. |
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Sec. 351.255. VACANCIES. The commissioners court of a |
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county shall fill a vacancy for a response team member not later |
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than the 30th day after the date the vacancy occurs and in the same |
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manner as the original appointment. |
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Sec. 351.256. ADULT SEXUAL ASSAULT RESPONSE PROTOCOL. (a) |
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A response team shall develop a written protocol addressing the |
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coordinated response for adult survivors in the county that |
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includes: |
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(1) the procedures to be used in investigating and |
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prosecuting cases arising from a report of sexual assault; |
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(2) interagency information sharing, in accordance |
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with state and federal law, to ensure the timely exchange of |
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relevant information and enhance the response to survivors; |
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(3) the location and accessibility of sexual assault |
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forensic examinations; |
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(4) information on the availability of and access to |
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medical care when the care is clinically indicated; |
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(5) a requirement to ensure survivors are offered |
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access to sexual assault program advocates, as defined by Section |
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420.003, Government Code; |
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(6) information on the availability of and access to |
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mental and behavioral health services; |
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(7) a requirement to ensure that relevant law |
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enforcement agencies notify survivors in a timely manner regarding |
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the status of any criminal case and court proceeding; |
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(8) an assessment of relevant community trends, |
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including drug-facilitated sexual assault, the incidence of |
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predatory date rape, and sex trafficking; |
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(9) a biennial evaluation through sexual assault case |
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reviews of the effectiveness of individual agency and interagency |
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protocols and systems; |
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(10) at least four hours of annual cross-agency |
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training on the dynamics of sexual assault for response team |
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members participating in the quarterly meetings as required by |
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Section 351.254(c); and |
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(11) procedures for addressing conflicts within the |
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response team and for maintaining the confidentiality of |
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information shared among response team members as required by law. |
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(b) In developing a protocol under this section, the |
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response team: |
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(1) shall consider Chapter 56A, Code of Criminal |
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Procedure; |
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(2) may provide different procedures for use within a |
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particular municipality or area of the county served by the |
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response team; and |
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(3) shall prioritize the health and safety of |
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survivors. |
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(c) The purpose of the protocol developed under this section |
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is to ensure coordination between all agencies involved in sexual |
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assault cases to increase the efficacy of response and to minimize |
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survivor traumatization. The response team shall provide the |
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protocol to each agency in the county that responds to disclosures |
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of sexual assault. |
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(d) Failure to follow a protocol developed under this |
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section does not: |
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(1) constitute the basis for a claim or defense to a |
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civil or criminal action; or |
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(2) preclude the admissibility of evidence. |
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Sec. 351.257. REPORT. Not later than December 1 of each |
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odd-numbered year, a response team shall provide to the |
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commissioners court of each county the response team serves a |
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report that includes: |
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(1) a list of response team members able to |
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participate in the quarterly meetings required by Section |
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351.254(c); |
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(2) a copy of the written protocol developed under |
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Section 351.256; and |
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(3) either: |
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(A) a biennial summary detailing: |
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(i) the number of sexual assault reports |
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received by local law enforcement agencies; |
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(ii) the number of investigations conducted |
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as a result of those reports; |
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(iii) the number of indictments presented |
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in connection with a report and the disposition of those cases; and |
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(iv) the number of reports of sexual |
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assault for which no indictment was presented; or |
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(B) an explanation of the reason the response |
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team failed to provide the information described by Paragraph (A). |
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Sec. 351.258. MEETINGS AND RECORDS; CONFIDENTIALITY. (a) A |
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response team meeting is not subject to Chapter 551, Government |
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Code. |
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(b) This section does not prohibit a response team from |
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requesting or allowing the attendance of a person who is not a |
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response team member at a response team meeting. |
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(c) Information and records acquired by a response team in |
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the exercise of its purpose and duties under this subchapter are |
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confidential and not subject to disclosure under Chapter 552, |
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Government Code, and may only be disclosed as necessary to |
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implement the response team's purpose and duties. |
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(d) A report or a statistical compilation of data reports |
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created by the response team is public information subject to |
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Chapter 552, Government Code, provided the report or compilation |
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does not contain any personally identifiable information. |
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(e) Information, documents, and records of the response |
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team that are confidential under this section are not subject to |
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subpoena or discovery and may not be introduced into evidence in any |
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civil, criminal, or administrative proceeding, except that |
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information, documents, and records otherwise available from other |
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sources are not immune from subpoena, discovery, or introduction |
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into evidence solely because that information or those documents or |
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records were presented during a response team meeting or maintained |
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by the response team. |
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(f) A response team may only review a sexual assault case of |
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an adult survivor with the signed, written consent of the survivor. |
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The consent must specify: |
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(1) the information or records covered by the release; |
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(2) the reason or purpose for the release; and |
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(3) the person or agency to which the information is to |
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be released. |
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SECTION 2. (a) Not later than December 1, 2021, the |
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commissioners court of each county shall appoint the members to and |
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call the first meeting of the county's adult sexual assault |
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response team in accordance with Subchapter J, Chapter 351, Local |
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Government Code, as added by this Act. At the first meeting of each |
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adult sexual assault response team, the members of the team shall |
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appoint the initial presiding officer. |
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(b) Not later than December 1, 2022, each adult sexual |
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assault response team shall develop a written protocol as required |
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by Section 351.256, Local Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |
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