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AN ACT
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relating to a specialty court program to provide victim services in |
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sexual assault cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Government Code, is amended by adding |
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Subtitle K-1 to read as follows: |
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SUBTITLE K-1. SPECIALTY COURTS FOR VICTIM SERVICES |
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CHAPTER 141. SEXUAL ASSAULT VICTIM SERVICES COURT PROGRAM |
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Sec. 141.001. SEXUAL ASSAULT VICTIM SERVICES COURT PROGRAM |
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DEFINED. In this chapter, "sexual assault victim services court |
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program" means a program that has the following essential |
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characteristics: |
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(1) the integration of services provided by public |
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agencies and community organizations for victims in sexual assault |
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cases who voluntarily agree to participate in the program; |
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(2) the use of prosecutors with experience in |
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prosecuting sexual assault cases and judges with experience in |
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hearing sexual assault cases; |
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(3) early identification and prompt assignment of |
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eligible cases to the court designated under Section 141.002(b); |
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(4) access for victims participating in the program to |
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counseling and other related services provided by public agencies |
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and community organizations; |
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(5) development of partnerships with public agencies |
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and community organizations; |
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(6) monitoring and evaluation of program goals and |
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effectiveness; |
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(7) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; |
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(8) inclusion of a participant's family members who |
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voluntarily agree to be involved in the services provided to the |
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participant under the program; |
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(9) prosecution of sexual assault offenses; |
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(10) issuance of protective orders for victims on the |
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victim's consent and as authorized by state law; and |
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(11) continued monitoring of sexual assault |
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defendants through prosecution and adjudication and for the |
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duration of convicted offenders' sentences. |
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Sec. 141.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
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(a) The commissioners court of a county may establish a sexual |
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assault victim services court program for participants who: |
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(1) are victims of an alleged sexual assault in which a |
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person is arrested for or charged with an offense under Chapter 21 |
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or 22, Penal Code, committed against the victim; and |
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(2) voluntarily agree to participate in the program. |
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(b) The local administrative district and statutory county |
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court judges of the county may designate a court in the county for |
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assignment of cases described by Subsection (a). The judge of the |
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designated court must have experience hearing sexual assault cases |
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under Chapter 21 or 22, Penal Code. The prosecuting attorney for |
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the court must have experience in prosecuting sexual assault |
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offenses under Chapter 21 or 22, Penal Code. |
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Sec. 141.003. DUTIES OF SEXUAL ASSAULT VICTIM SERVICES |
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COURT PROGRAM. (a) A sexual assault victim services court program |
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established under this chapter must: |
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(1) ensure that a victim eligible for participation in |
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the program voluntarily agrees to participate in the program; and |
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(2) allow a participant to withdraw from the program |
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at any time. |
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(b) A sexual assault victim services court program |
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established under this chapter shall make, establish, and publish |
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local procedures to ensure maximum participation of eligible |
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victims in the county. |
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Sec. 141.004. GIFTS, GRANTS, AND DONATIONS. A county may |
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accept a gift, grant, donation, or bequest of money, services, |
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equipment, goods, or other tangible or intangible property from any |
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source for the sexual assault victim services court program. |
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SECTION 2. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1706 was passed by the House on April |
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30, 2021, by the following vote: Yeas 129, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1706 was passed by the Senate on May |
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27, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |