Bill Text: TX SB806 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the duties of peace officers regarding interactions with victims of sexual assault.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2023-05-19 - Effective on 9/1/23 [SB806 Detail]
Download: Texas-2023-SB806-Enrolled.html
| S.B. No. 806 | ||
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| relating to the duties of peace officers regarding interactions | ||
| with victims of sexual assault. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subchapter I, Chapter 56A, Code of | ||
| Criminal Procedure, is amended to read as follows: | ||
| SUBCHAPTER I. PEACE OFFICER AND [ |
||
| ENFORCEMENT AGENCY DUTIES; VICTIM NOTIFICATIONS | ||
| SECTION 2. Subchapter I, Chapter 56A, Code of Criminal | ||
| Procedure, is amended by adding Article 56A.403 to read as follows: | ||
| Art. 56A.403. DUTIES OF PEACE OFFICERS REGARDING VICTIMS OF | ||
| 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 | ||
| Code; | ||
| (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: | ||
| "NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT" | ||
| "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 | ||
| enforcement; | ||
| "(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 | ||
| household." | ||
| "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 | ||
| advocate: | ||
| " | ||
| " ." | ||
| "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 | ||
| (b). | ||
| SECTION 3. Article 56A.402, Code of Criminal Procedure, is | ||
| repealed. | ||
| 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 | ||
| purpose. | ||
| 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 | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
