Bill Text: TX HB4461 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the rights of victims of sexual assault.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-26 - Referred to Homeland Security & Public Safety [HB4461 Detail]
Download: Texas-2019-HB4461-Introduced.html
86R5972 AJZ-F | ||
By: Miller | H.B. No. 4461 |
|
||
|
||
relating to the rights of victims of sexual assault. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 30, Civil Practice and Remedies Code, is | ||
amended by adding Section 30.022 to read as follows: | ||
Sec. 30.022. TESTIMONY OF SEXUAL ASSAULT VICTIMS. (a) In | ||
this section, "sexual assault" has the meaning assigned by Section | ||
420.003, Government Code. | ||
(b) Subject to Subsection (c), in a proceeding in a civil | ||
action relating to an alleged sexual assault in which the victim of | ||
the alleged offense is testifying, on the request of the victim, the | ||
court shall close the proceeding to the public for the duration of | ||
the victim's testimony. | ||
(c) The court shall allow the following individuals to | ||
remain in a proceeding that is closed to the public under Subsection | ||
(b): | ||
(1) a party to the action; | ||
(2) a guardian of the victim or a party to the action; | ||
(3) an immediate family member of the victim or a party | ||
to the action; | ||
(4) an attorney representing the person who allegedly | ||
committed the sexual assault and any employees of the attorney; | ||
(5) an officer of the court; | ||
(6) a juror; | ||
(7) a member of the news media; | ||
(8) a court reporter; and | ||
(9) a witness designated by the victim. | ||
SECTION 2. Chapter 38, Code of Criminal Procedure, is | ||
amended by adding Articles 38.076 and 38.435 to read as follows: | ||
Art. 38.076. TESTIMONY OF SEXUAL ASSAULT VICTIMS. (a) | ||
Subject to Subsection (b), in a proceeding in the prosecution of an | ||
offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal | ||
Code, in which the victim of the alleged offense is testifying, on | ||
the request of the victim, the court shall close the proceeding to | ||
the public for the duration of the victim's testimony. | ||
(b) The court shall allow the following individuals to | ||
remain in a proceeding that is closed to the public under Subsection | ||
(a): | ||
(1) the defendant; | ||
(2) a guardian of the victim or the defendant; | ||
(3) an immediate family member of the victim or the | ||
defendant; | ||
(4) an attorney representing the state and any | ||
employees of the attorney representing the state; | ||
(5) an attorney representing the defendant and any | ||
employees of the attorney representing the defendant; | ||
(6) an officer of the court; | ||
(7) a juror; | ||
(8) a member of the news media; | ||
(9) a court reporter; and | ||
(10) with the consent of the victim, a witness | ||
designated by the attorney representing the state. | ||
Art. 38.435. PROHIBITED USE OF EVIDENCE FROM SEXUAL ASSAULT | ||
EXAMINATION. Evidence collected during a forensic medical | ||
examination conducted under Article 56.06 or 56.065 may not be used | ||
to investigate or prosecute a misdemeanor offense, or an offense | ||
under Subchapter D, Chapter 481, Health and Safety Code, alleged to | ||
have been committed by the victim from whom the evidence was | ||
collected. | ||
SECTION 3. Article 56.021, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsections (e) and | ||
(f) to read as follows: | ||
(a) In addition to the rights enumerated in Article 56.02, | ||
if the offense is a sexual assault, the victim, guardian of a | ||
victim, or close relative of a deceased victim is entitled to the | ||
following rights within the criminal justice system: | ||
(1) if requested, the right to a disclosure of | ||
information regarding any evidence that was collected during the | ||
investigation of the offense, unless disclosing the information | ||
would interfere with the investigation or prosecution of the | ||
offense, in which event the victim, guardian, or relative shall be | ||
informed of the estimated date on which that information is | ||
expected to be disclosed; | ||
(2) if requested, the right to a disclosure of | ||
information regarding the status of any analysis being performed of | ||
any evidence that was collected during the investigation of the | ||
offense; | ||
(3) if requested, the right to be notified: | ||
(A) at the time a request is submitted to a crime | ||
laboratory to process and analyze any evidence that was collected | ||
during the investigation of the offense; | ||
(B) at the time of the submission of a request to | ||
compare any biological evidence collected during the investigation | ||
of the offense with DNA profiles maintained in a state or federal | ||
DNA database; and | ||
(C) by the law enforcement agency that requested | ||
[ |
||
(i) of the results of that comparison, | ||
through a secure and confidential message in writing that includes | ||
a telephone number of the law enforcement agency that the survivor | ||
may call regarding the results; or | ||
(ii) if[ |
||
that comparison would interfere with the investigation or | ||
prosecution of the offense, [ |
||
|
||
results are expected to be disclosed; | ||
(4) if requested, the right to counseling regarding | ||
acquired immune deficiency syndrome (AIDS) and human | ||
immunodeficiency virus (HIV) infection; | ||
(5) for the victim of the offense, testing for | ||
acquired immune deficiency syndrome (AIDS), human immunodeficiency | ||
virus (HIV) infection, antibodies to HIV, or infection with any | ||
other probable causative agent of AIDS; and | ||
(6) to the extent provided by Articles 56.06 and | ||
56.065, for the victim of the offense, the right to a forensic | ||
medical examination if, within 96 hours of the offense, the offense | ||
is reported to a law enforcement agency or a forensic medical | ||
examination is otherwise conducted at a health care facility. | ||
(e) A victim of a sexual assault may not be required to pay | ||
for: | ||
(1) the forensic portion of a forensic medical | ||
examination requested by a law enforcement agency under Article | ||
56.06 or conducted under Article 56.065; or | ||
(2) the evidence collection kit required for the | ||
examination. | ||
(f) A victim of a sexual assault retains all of the rights | ||
provided to the victim under this article and Article 56.02 | ||
regardless of whether the victim: | ||
(1) participates in the investigation or prosecution | ||
of the offense; or | ||
(2) consents to receiving a forensic medical | ||
examination under Article 56.06 or 56.065. | ||
SECTION 4. Subchapter A, Chapter 56, Code of Criminal | ||
Procedure, is amended by adding Article 56.025 to read as follows: | ||
Art. 56.025. ACCESS TO REPORT OF LAW ENFORCEMENT AGENCY BY | ||
VICTIM OF SEXUAL ASSAULT. (a) Notwithstanding Section 552.108, | ||
Government Code, and except as provided by Subsection (b), on | ||
request by the victim of a sexual assault, the law enforcement | ||
agency investigating the sexual assault shall provide the victim | ||
complete and unaltered copies of all law enforcement reports | ||
concerning the sexual assault. The law enforcement agency shall | ||
provide the copies not later than the 15th business day after the | ||
date the request is submitted. The law enforcement agency may not | ||
charge a fee for providing the copies. | ||
(b) A law enforcement agency is not required to release any | ||
portion of a law enforcement report concerning a sexual assault | ||
that would interfere with the investigation or prosecution of the | ||
offense. If a law enforcement agency does not release a portion of a | ||
law enforcement report, the law enforcement agency shall inform the | ||
victim of the estimated date that portion of the report is expected | ||
to be available for release to the victim. | ||
SECTION 5. Section 323.004(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) A health care facility providing care to a sexual | ||
assault survivor shall provide the survivor with: | ||
(1) subject to Subsection (b-1), a forensic medical | ||
examination in accordance with Subchapter B, Chapter 420, | ||
Government Code, if the examination has been requested by a law | ||
enforcement agency under Article 56.06, Code of Criminal Procedure, | ||
or is conducted under Article 56.065, Code of Criminal Procedure; | ||
(2) a private area, if available, to wait or speak with | ||
the appropriate medical, legal, or sexual assault crisis center | ||
staff or volunteer until a physician, nurse, or physician assistant | ||
is able to treat the survivor; | ||
(3) access to a sexual assault program advocate, if | ||
available, as provided by Article 56.045, Code of Criminal | ||
Procedure; | ||
(4) the information form required by Section 323.005; | ||
(5) a private treatment room, if available; | ||
(6) if indicated by the history of contact, access to | ||
appropriate prophylaxis for exposure to sexually transmitted | ||
infections; [ |
||
(7) the name and telephone number of the nearest | ||
sexual assault crisis center; and | ||
(8) if the health care facility has shower facilities, | ||
access to a shower at no cost to the survivor after the examination | ||
described by Subdivision (1) or after the survivor declines the | ||
examination, as applicable. | ||
SECTION 6. Section 323.005(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The department shall develop a standard information | ||
form for sexual assault survivors that must include: | ||
(1) a detailed explanation of the forensic medical | ||
examination required to be provided by law, including a statement | ||
that photographs may be taken of the genitalia; | ||
(2) information regarding treatment of sexually | ||
transmitted infections and pregnancy, including: | ||
(A) generally accepted medical procedures; | ||
(B) appropriate medications; and | ||
(C) any contraindications of the medications | ||
prescribed for treating sexually transmitted infections and | ||
preventing pregnancy; | ||
(3) information regarding drug-facilitated sexual | ||
assault, including the necessity for an immediate urine test for | ||
sexual assault survivors who may have been involuntarily drugged; | ||
(4) information regarding crime victims compensation, | ||
including: | ||
(A) a statement that: | ||
(i) a law enforcement agency will pay for | ||
the forensic portion of an examination requested by the agency | ||
under Article 56.06, Code of Criminal Procedure, and for the | ||
evidence collection kit; or | ||
(ii) the Department of Public Safety will | ||
pay the appropriate fees for the forensic portion of an examination | ||
conducted under Article 56.065, Code of Criminal Procedure, and for | ||
the evidence collection kit; and | ||
(B) reimbursement information for the medical | ||
portion of the examination; | ||
(5) an explanation that consent for the forensic | ||
medical examination may be withdrawn at any time during the | ||
examination; | ||
(6) the name and telephone number of sexual assault | ||
crisis centers statewide; [ |
||
(7) information regarding postexposure prophylaxis | ||
for HIV infection; | ||
(8) information regarding the length of time | ||
biological evidence collected from the forensic medical | ||
examination will be retained and preserved under Article 38.43, | ||
Code of Criminal Procedure; and | ||
(9) a statement that the survivor has the right to | ||
access a shower for free after the forensic medical examination or | ||
after the survivor declines the examination, as applicable, if | ||
shower facilities are available at the health care facility. | ||
SECTION 7. Section 30.022, Civil Practice and Remedies | ||
Code, and Article 38.076, Code of Criminal Procedure, as added by | ||
this Act, apply to a civil or criminal proceeding that commences on | ||
or after the effective date of this Act. A civil or criminal | ||
proceeding that commences before the effective date of this Act is | ||
governed by the law in effect on the date the proceeding commenced, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 8. Article 38.435, Code of Criminal Procedure, and | ||
Section 323.004(b)(8), Health and Safety Code, as added by this | ||
Act, apply to a forensic medical examination that occurs on or after | ||
the effective date of this Act. A forensic medical examination that | ||
occurs before that date is governed by the law in effect on the date | ||
the examination occurred, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 9. Article 56.021, Code of Criminal Procedure, as | ||
amended by this Act, and Article 56.025, Code of Criminal | ||
Procedure, as added by this Act, apply only to an offense committed | ||
on or after the effective date of this Act. An offense committed | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the offense was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this section, | ||
an offense was committed before the effective date of this Act if | ||
any element of the offense occurred before that date. | ||
SECTION 10. This Act takes effect September 1, 2019. |