Texas 2023 - 88th Regular

Texas Senate Bill SB1401

Filed
3/1/23  
Out of Senate Committee
4/12/23  
Voted on by Senate
4/19/23  
Out of House Committee
5/2/23  
Voted on by House
5/5/23  
Governor Action
5/24/23  

Caption

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

Impact

If enacted, SB1401 will have a significant impact on Texas laws regarding the treatment of sexual assault victims. The bill updates portions of the Code of Criminal Procedure related to victims' rights, ensuring that they receive timely and clear information about their legal standings and the investigative process. Notably, it prohibits the use of evidence from forensic examinations to investigate lesser offenses allegedly committed by the victims, thus preventing further victimization during legal proceedings. Beyond procedural changes, the bill aims to enhance the support mechanisms available to survivors, including increased access to social service resources.

Summary

Senate Bill 1401 is a legislative proposal aimed at enhancing the rights of victims of sexual assault and improving the procedures surrounding forensic medical examinations. Co-authored by Senator Paxton and Senator Zaffirini, the bill seeks to implement many of the recommendations from the Governor's sexual assault survivors task force. This includes providing victims with better access to medical examination services, safeguarding their confidentiality during legal processes, and ensuring they receive adequate information about their rights and available support services.

Sentiment

The sentiment around SB1401 is predominantly supportive, with advocacy groups endorsing the measures designed to protect and empower victims of sexual assault. During committee discussions, representatives from organizations such as Safe Alliance voiced strong backing for the bill, emphasizing its potential to offer essential protections and support to survivors. The bill garnered unanimous support in both the Senate and House, reflecting a widespread legislative commitment to addressing the needs of sexual assault victims and reforms in the justice system.

Contention

Despite the strong support, there were points of contention during discussions, particularly regarding funding and the implementation of certain provisions. Some members raised concerns about the fiscal implications of the bill, particularly related to the impact on state budgets due to expanded services provided to victims. The proposed changes to existing practices may require additional resources for training and support, which led to debates about the feasibility of the bill's goals in the current fiscal environment. Nonetheless, these concerns did not significantly hinder the bill's passage, as the committee ultimately recommended it favorably without dissent.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 56a. Rights Of Crime Victims
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Health And Safety Code

  • Chapter 323. Emergency Services And Forensic Examination Programs For Survivors Of Sexual Assault
    • Section: New Section
    • Section: 0051
    • Section: 0052
    • Section: New Section
    • Section: 0051
    • Section: New Section
    • Section: 0051
    • Section: New Section
    • Section: New Section
  • Chapter 241. Hospitals
    • Section: 1031
    • Section: 1031

Government Code

  • Chapter 501. Inmate Welfare
    • Section: New Section
  • Chapter 420. Sexual Assault Prevention And Crisis Services
    • Section: New Section

Family Code

  • Chapter 56. Appeal
    • Section: New Section
  • Chapter 101. Definitions
    • Section: New Section

Finance Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB2668

Identical Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

Similar Bills

TX HB2668

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

TX SB1638

Relating to sexual assault and other sex offenses.

TX HB3074

Relating to sexual assault and other sex offenses.

TX HB47

Relating to sexual assault and other sex offenses.

TX HB2706

Relating to the emergency services and care provided to victims of sexual assault and other sex offenses and to the processes associated with preserving and analyzing the evidence of those offenses.

TX SB1299

Relating to the reporting of sexual assault and other sex offenses, to the emergency services and care provided to victims of those offenses, and to the processes associated with preserving and analyzing the evidence of those offenses.

TX SB1573

Relating to the reporting of sexual assault and other sex offenses and to the collection, analysis, tracking, and preservation of evidence of those offenses.

TX HB4461

Relating to the rights of victims of sexual assault.