S.B. No. 806
  relating to the duties of peace officers regarding interactions
  with victims of sexual assault.
         SECTION 1.  The heading to Subchapter I, Chapter 56A, Code of
  Criminal Procedure, is amended to read as follows:
         SECTION 2.  Subchapter I, Chapter 56A, Code of Criminal
  Procedure, is amended by adding Article 56A.403 to read as follows:
  SEXUAL ASSAULT. (a) A peace officer who investigates an incident
  involving sexual assault or who responds to a disturbance call that
  may involve sexual assault shall provide to the victim a written
  notice containing information about the rights of crime victims
  under Article 56A.052.
         (b)  At the initial contact or at the earliest possible time
  after the initial contact between a sexual assault victim and the
  peace officer responding to the incident or disturbance call about
  the offense, the peace officer shall:
               (1)  provide to the victim:
                     (A)  a written referral to the nearest sexual
  assault program as defined by Section 351.251, Local Government
  Code; and
                     (B)  information about the statewide electronic
  tracking system established under Section 420.034, Government
               (2)  offer to request a forensic medical examination on
  behalf of the victim in accordance with Article 56A.251;
               (3)  coordinate with the local response team, as
  defined by Section 351.251, Local Government Code, to provide
  continuing care to the victim or to further investigate the
  offense; and
               (4)  provide to the victim a written notice containing
  all of the information required by this article.
         (c)  Each law enforcement agency shall consult with a local
  sexual assault program or response team, as those terms are defined
  by Section 351.251, Local Government Code, to develop the written
  notice required by Subsection (b).  The notice must include the
  information described by Subsection (d) and may be combined with
  the written notice required under Article 56A.401. At least once
  each biennium, the law enforcement agency shall update the notice
  required by Subsection (b).
         (d)  The notice required by Subsection (b) must be in English
  and Spanish and include the current contact information for a
  victim assistance coordinator under Article 56A.201 and a crime
  victim liaison under Article 56A.203. The notice is considered
  sufficient if it includes the following statements:
         "It is a crime for any person to cause you any physical injury
  or harm."
         "Please tell the investigating peace officer if you have been
  injured or if you feel you are going to be in danger when the officer
  leaves or at a later time."
         "You have the right to:
         "(1) obtain a forensic medical examination within 120 hours
  of the assault to collect potential evidence and receive
  preventative medications, even if you decide not to make a report to
  a law enforcement agency;
         "(2) anonymously track or receive updates regarding the
  status and location of each item of evidence collected in your case; 
         "(3) have a sexual assault program advocate present during a
  forensic medical examination;
         "(4) have a sexual assault program advocate or other victim's
  representative present during an investigative interview with law
         "(5) ask the local prosecutor to file a criminal complaint
  against the person who assaulted you; and
         "(6) if a defendant is arrested for a crime against you
  involving certain sexual crimes, stalking, or trafficking:
               "(A) request an order for emergency protection to be
  issued by a magistrate; and
               "(B) apply to a court for a permanent order to protect
  you (you should consult a legal aid office, a prosecuting attorney,
  or a private attorney)."
         "For example, the court can enter an order that prohibits the
  person who assaulted you from:
         "(1) committing further acts of violence;
         "(2) threatening, harassing, or contacting you or a member of
  your family or household; and
         "(3) going near your place of employment or near a child care
  facility or school attended by you or a member of your family or
         "You cannot be charged a fee by a court in connection with
  filing, serving, or entering a protective order."
         "If you have questions about the status of your case or need
  assistance, you may contact the crime victim liaison (insert name)
  at our agency (law enforcement agency address and victim liaison
  phone number)."
         "If you would like to speak with someone in the prosecuting
  attorney's office, you may reach their victim assistance
  coordinator at (address and phone number)."
         "Call the following sexual assault program or social service
  organization if you need assistance or wish to speak with an
         "                                          ."
         "You may receive a sexual assault forensic medical
  examination at the following location(s):
         "                                          ."
         "To get help from the National Human Trafficking Hotline:
  1-888-373-7888 or text HELP or INFO to BeFree (233733)."
         (e)  A sexual assault program may provide a written
  description of the program's services to a law enforcement agency,
  for use in delivering the written referral required by Subsection
         SECTION 3.  Article 56A.402, Code of Criminal Procedure, is
         SECTION 4.  The changes in law made by this Act apply only to
  a sexual assault reported on or after the effective date of this
  Act.  A sexual assault reported before the effective date of this
  Act is governed by the law in effect on the date the sexual assault
  was reported, and the former law is continued in effect for that
         SECTION 5.  This Act takes effect September 1, 2023.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 806 passed the Senate on
  April 20, 2023, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 806 passed the House on
  May 6, 2023, by the following vote:  Yeas 115, Nays 19,
  two present not voting.
  Chief Clerk of the House