88R15215 JSC-D
 
  By: Goodwin, Thompson of Harris, H.B. No. 2229
      Sherman, Sr., Raymond, Leach, et al.
 
  Substitute the following for H.B. No. 2229:
 
  By:  Campos C.S.H.B. No. 2229
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the notice given to certain victims of family violence,
  stalking, harassment, or terroristic threat.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Natalia Cox Act.
         SECTION 2.  Subtitle E, Title 2, Human Resources Code, is
  amended by adding Chapter 51A to read as follows:
  CHAPTER 51A. NOTICE TO VICTIMS OF FAMILY VIOLENCE, STALKING,
  HARASSMENT, OR TERRORISTIC THREAT
         Sec. 51A.001.  DEFINITIONS. In this chapter:
               (1)  "Family" has the meaning assigned by Section
  71.003, Family Code.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
               (3)  "Harassment" means any conduct that constitutes an
  offense under Section 42.07, Penal Code.
               (4)  "Household" has the meaning assigned by Section
  71.005, Family Code.
               (5)  "Member of a household" has the meaning assigned
  by Section 71.006, Family Code.
               (6)  "Stalking" means any conduct that constitutes an
  offense under Section 42.072, Penal Code.
               (7)  "Terroristic threat" means any conduct that
  constitutes an offense under Section 22.07, Penal Code.
         Sec. 51A.002.  APPLICABILITY TO VICTIMS OF CERTAIN OFFENSES.  
  This chapter applies to a victim of family violence, stalking,
  harassment, or terroristic threat, including:
               (1)  an adult member of a family or household who is
  subjected to an act of family violence;
               (2)  a member of the household of the adult described by
  Subdivision (1), other than the member of the household who commits
  the act of family violence; and
               (3)  a person who is subjected to conduct constituting
  stalking, harassment, or terroristic threat.
         Sec. 51A.003.  NOTICE TO VICTIMS. (a) The commission by rule
  shall adopt a written notice to be provided to victims of family
  violence, stalking, harassment, or terroristic threat to assist
  those victims in obtaining services. The commission shall use best
  practices in creating the written notice.
         (b)  The notice adopted under this section must include the
  following in both English and Spanish:
               (1)  a statement that it is a criminal offense for any
  person, including a member of the family or former member of the
  family, to cause physical injury or harm to a victim or to engage in
  conduct constituting stalking, harassment, or terroristic threat
  toward a victim;
               (2)  a list of agencies and social organizations that
  the victim may contact for assistance with safety planning,
  shelter, or protection;
               (3)  contact information for:
                     (A)  the National Domestic Violence Hotline;
                     (B)  victim support services at the Department of
  Public Safety; and
                     (C)  the commission's family violence program;
  and
               (4)  information regarding the legal rights of a
  victim, including information regarding:
                     (A)  the filing of criminal charges and obtaining
  a protective order or a magistrate's order for emergency
  protection; and
                     (B)  the ability of a tenant who is a victim of
  family violence to vacate a dwelling and terminate a residential
  lease.
         (c)  The notice adopted under this section may include any
  other information the commission considers useful to a victim of
  family violence, stalking, harassment, or terroristic threat.
         (d)  The commission shall periodically update the notice
  required under this section.
         (e)  The commission shall make the notice adopted under this
  section available on the commission's Internet website in both
  English and Spanish.
         SECTION 3.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.1398 to read as follows:
         Art. 2.1398.  DUTIES OF PEACE OFFICER INVESTIGATING
  STALKING, HARASSMENT, OR TERRORISTIC THREAT. (a)  In this article:
               (1)  "Harassment" means any conduct that constitutes an
  offense under Section 42.07, Penal Code.
               (2)  "Stalking" means any conduct that constitutes an
  offense under Section 42.072, Penal Code.
               (3)  "Terroristic threat" means any conduct that
  constitutes an offense under Section 22.07, Penal Code.
         (b)  A peace officer who investigates an allegation of
  stalking, harassment, or terroristic threat shall advise any
  possible adult victim of all reasonable means to prevent the
  occurrence of further offenses, including by providing the written
  notice adopted by the Health and Human Services Commission under
  Section 51A.003, Human Resources Code. In addition to the required
  notice under this subsection, a peace officer may provide to the
  possible victim any available written information regarding local
  resources for victims of stalking, harassment, or terroristic
  threat.
         SECTION 4.  Article 5.04(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  A peace officer who investigates a family violence
  allegation or who responds to a disturbance call that may involve
  family violence shall advise any possible adult victim of all
  reasonable means to prevent further family violence, including by
  providing the [giving] written notice adopted by the Health and
  Human Services Commission under Section 51A.003, Human Resources
  Code [of a victim's legal rights and remedies and of the
  availability of shelter or other community services for family
  violence victims]. In addition to the required notice under this
  subsection, a peace officer may provide to the possible victim any
  available written information regarding local resources for
  victims of family violence.
         SECTION 5.  Subchapter E-3, Chapter 51, Education Code, is
  amended by adding Section 51.2825 to read as follows:
         Sec. 51.2825.  CERTAIN DUTIES OF CAMPUS PEACE OFFICER
  INVESTIGATING FAMILY VIOLENCE, STALKING, HARASSMENT, OR
  TERRORISTIC THREAT. (a) In this section:
               (1)  "Campus peace officer" means a peace officer
  commissioned under Section 51.203 or 51.212.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
               (3)  "Harassment" means any conduct that constitutes an
  offense under Section 42.07, Penal Code.
               (4)  "Stalking" means any conduct that constitutes an
  offense under Section 42.072, Penal Code.
               (5)  "Terroristic threat" means any conduct that
  constitutes an offense under Section 22.07, Penal Code.
         (b)  A campus peace officer who responds to a disturbance
  call that may involve family violence or investigates an allegation
  of family violence, stalking, harassment, or terroristic threat
  shall advise any possible adult victim of all reasonable means to
  prevent the occurrence of further offenses, including by providing
  the written notice adopted by the Health and Human Services
  Commission under Section 51A.003, Human Resources Code. In
  addition to the required notice under this subsection, a campus
  peace officer shall provide to the possible victim any available
  written information regarding campus and local resources for
  victims of family violence, stalking, harassment, or terroristic
  threat.
         SECTION 6.  Section 91.003, Family Code, is amended to read
  as follows:
         Sec. 91.003.  INFORMATION PROVIDED BY MEDICAL
  PROFESSIONALS.  A medical professional who treats a person for
  injuries that the medical professional has reason to believe were
  caused by family violence shall:
               (1)  immediately provide the person with information
  regarding the nearest family violence shelter center;
               (2)  document in the person's medical file:
                     (A)  the fact that the person has received the
  information provided under Subdivision (1); and
                     (B)  the reasons for the medical professional's
  belief that the person's injuries were caused by family violence;
  and
               (3)  give the person the [a] written notice adopted by
  the Health and Human Services Commission under Section 51A.003,
  Human Resources Code [in substantially the following form,
  completed with the required information, in both English and
  Spanish:
  ["It is a crime for any person to cause you any physical injury or
  harm even if that person is a member or former member of your family
  or household].
  ["NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
  ["You may report family violence to a law enforcement officer by
  calling the following telephone numbers:
  _____________________________.
  ["If you, your child, or any other household resident has been
  injured or if you feel you are going to be in danger after a law
  enforcement officer investigating family violence leaves your
  residence or at a later time, you have the right to:
         ["Ask the local prosecutor to file a criminal complaint
  against the person committing family violence; and
         ["Apply to a court for an order to protect you. You may want
  to consult with a legal aid office, a prosecuting attorney, or a
  private attorney. A court can enter an order that:
               ["(1)  prohibits the abuser from committing further
  acts of violence;
               ["(2)  prohibits the abuser from threatening,
  harassing, or contacting you at home;
               ["(3)  directs the abuser to leave your household; and
               ["(4)  establishes temporary custody of the children or
  any property.
  ["A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY
  BE A FELONY.
  ["CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF
  YOU NEED PROTECTION: _____________________________."]
         SECTION 7.  Article 5.04(c), Code of Criminal Procedure, is
  repealed.
         SECTION 8.  Not later than December 1, 2023, the Health and
  Human Services Commission shall adopt and make available the notice
  required by Chapter 51A, Human Resources Code, as added by this Act.
         SECTION 9.  Article 2.1398, Code of Criminal Procedure, as
  added by this Act, Article 5.04, Code of Criminal Procedure, as
  amended by this Act, and Section 51.2825, Education Code, as added
  by this Act, apply only to a peace officer's or campus peace
  officer's investigation or response that occurs on or after January
  1, 2024. An investigation or response that occurs before January 1,
  2024, is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 10.  Section 91.003, Family Code, as amended by this
  Act, applies only to medical treatment provided on or after January
  1, 2024. Medical treatment provided before January 1, 2024, is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 11.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2023.