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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56.021(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In addition to the rights enumerated in Article 56.02, |
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if the offense is a sexual assault, the victim, guardian of a |
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victim, or close relative of a deceased victim is entitled to the |
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following rights within the criminal justice system: |
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(1) if requested, the right to a disclosure of |
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information regarding any evidence that was collected during the |
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investigation of the offense, unless disclosing the information |
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would interfere with the investigation or prosecution of the |
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offense, in which event the victim, guardian, or relative shall be |
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informed of the estimated date on which that information is |
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expected to be disclosed; |
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(2) if requested, the right to a disclosure of |
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information regarding the status of any analysis being performed of |
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any evidence that was collected during the investigation of the |
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offense; |
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(3) if requested, the right to be notified: |
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(A) at the time a request is submitted to a crime |
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laboratory to process and analyze any evidence that was collected |
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during the investigation of the offense; |
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(B) at the time of the submission of a request to |
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compare any biological evidence collected during the investigation |
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of the offense with DNA profiles maintained in a state or federal |
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DNA database; and |
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(C) of the results of the comparison described by |
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Paragraph (B), unless disclosing the results would interfere with |
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the investigation or prosecution of the offense, in which event the |
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victim, guardian, or relative shall be informed of the estimated |
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date on which those results are expected to be disclosed; |
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(4) if requested, the right to counseling regarding |
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acquired immune deficiency syndrome (AIDS) and human |
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immunodeficiency virus (HIV) infection; |
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(5) for the victim of the offense: |
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(A) [,] testing for acquired immune deficiency |
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syndrome (AIDS), human immunodeficiency virus (HIV) infection, |
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antibodies to HIV, or infection with any other probable causative |
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agent of AIDS; and |
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(B) accurate and thorough information about |
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reproductive options and any appropriate referral to a health care |
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provider or facility; |
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(6) [to the extent provided by Articles 56.06 and
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56.065,] for the victim of the offense, the right to a forensic |
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medical examination [if,] within 120 [96] hours of the offense[,
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the offense is reported to a law enforcement agency or a forensic
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medical examination is otherwise conducted] at a health care |
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facility in the victim's community; |
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(7) for a victim 18 years of age or older, the right to |
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determine whether and when to report an assault to law enforcement; |
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(8) the right to provide information and input to law |
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enforcement and prosecutors before decisions are made regarding the |
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case; |
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(9) in the event that an investigation is closed |
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without charges being filed or a charge is dismissed, the right to |
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receive thorough and accurate information about any other legal |
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options to assist and protect the victim and the victim's family; |
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(10) the right to be informed about the address |
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confidentiality program under Subchapter C, the confidentiality of |
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victim records under Chapter 57, and any other programs available |
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to protect the victim's personal information; |
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(11) the right to an interpreter in a nonjudicial |
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setting related to the case, including for languages other than |
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English and Spanish; and |
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(12) the right to a grievance process to investigate |
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and remedy any violation of this article. |
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SECTION 2. Chapter 56, Code of Criminal Procedure, is |
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amended by adding Article 56.022 to read as follows: |
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Art. 56.022. POLICY REGARDING VICTIMS OF SEXUAL ASSAULT. |
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It is the policy of this state that a victim of sexual assault be |
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afforded the following rights: |
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(1) the right to protection from discrimination in |
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housing or employment on the basis of the assault; |
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(2) the right to report or have reported a sexual |
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assault without being punished by an institution of higher |
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education; |
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(3) the right to access all information regarding the |
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offense, including records not normally subject to public |
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disclosure; |
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(4) the right to have the sexual assault investigated |
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by law enforcement officers competent in trauma-informed |
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investigation techniques; |
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(5) the right to be assisted or accompanied by a sexual |
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assault program advocate during any stage of evidence collection, |
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law enforcement interaction, court proceedings, or any other |
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institutional process; and |
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(6) the right to exercise any rights of victims of |
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sexual assault regardless of the victim's actual or perceived race, |
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sex, disability, nationality, language, sexual orientation, gender |
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identity or expression, occupation, immigration status, amount or |
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source of income, or criminal record. |
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SECTION 3. Articles 56.06(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) If a sexual assault is reported to a law enforcement |
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agency within 120 [96] hours of the assault, the law enforcement |
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agency, with the consent of the victim, a person authorized to act |
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on behalf of the victim, or an employee of the Department of Family |
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and Protective Services, shall request a medical examination of the |
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victim of the alleged assault for use in the investigation or |
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prosecution of the offense. [A law enforcement agency may decline
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to request a medical examination under this subsection only if the
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person reporting the sexual assault has made one or more false
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reports of sexual assault to any law enforcement agency and if there
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is no other evidence to corroborate the current allegations of
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sexual assault.] |
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(b) If a sexual assault is not reported within the period |
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described by Subsection (a), on request of the victim and on |
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receiving the consent described by that subsection the law |
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enforcement agency shall [may] request a medical examination of a |
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victim of an alleged sexual assault [as considered appropriate by
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the agency]. |
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SECTION 4. Article 56.065, Code of Criminal Procedure, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) The department shall pay the appropriate fees, as set by |
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attorney general rule, for the forensic portion of the medical |
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examination and for the evidence collection kit if a physician, |
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sexual assault examiner, or sexual assault nurse examiner conducts |
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the forensic portion of the examination within 120 [96] hours after |
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the alleged sexual assault occurred and the victim chooses to |
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report the criminally injurious conduct at that time. The attorney |
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general shall reimburse the department for fees paid under this |
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subsection. |
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(d-1) If a physician, sexual assault examiner, or sexual |
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assault nurse examiner conducts an examination later than 120 hours |
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after the alleged sexual assault occurred or if the victim chooses |
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not to report the criminally injurious conduct, the victim may |
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apply for reimbursement of costs in the manner prescribed by |
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Subchapter B. |
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SECTION 5. Article 56.46, Code of Criminal Procedure, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Subsection (a) does not apply to reimbursement for a |
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forensic medical examination performed in accordance with |
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Subchapter B, Chapter 420, Government Code, or for any other |
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medical care described by Section 323.004, Health and Safety Code, |
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if the examination or care was provided to the victim of an offense |
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under Section 21.02, 21.11, 22.011, or 22.021, Penal Code. |
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SECTION 6. The change in law made by this Act applies only |
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to victims of criminally injurious conduct occurring on or after |
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the effective date of this Act. Criminally injurious conduct |
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occurring before the effective date of this Act is governed by the |
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law in effect on the date the conduct occurred, and the former law |
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is continued in effect for that purpose. For purposes of this |
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section, criminally injurious conduct occurred before the |
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effective date of this Act if any element of the offense underlying |
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the conduct occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2015. |