Texas 2017 - 85th Regular

Texas House Bill HB3649 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3649
	1	+	By: Herrero, Guillen (Senate Sponsor - Hinojosa) H.B. No. 3649
	2	+	(In the Senate - Received from the House May 8, 2017;
	3	+	May 17, 2017, read first time and referred to Committee on State
	4	+	Affairs; May 21, 2017, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 21, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3649 By: Hughes
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to confidential communications of victims of certain
6	14		family violence offenses.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. The heading to Subtitle C, Title 4, Family Code,
9	17		is amended to read as follows:
10	18		SUBTITLE C. [REPORTING] FAMILY VIOLENCE REPORTING AND SERVICES
11	19		SECTION 2. Subtitle C, Title 4, Family Code, is amended by
12	20		adding Chapter 93 to read as follows:
13	21		CHAPTER 93. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS
14	22		Sec. 93.001. DEFINITIONS. In this chapter:
15	23		(1) "Advocate" means a person who has at least 20 hours
16	24		of training in assisting victims of family violence and is an
17	25		employee or volunteer of a family violence center.
18	26		(2) "Family violence center" means a public or private
19	27		nonprofit organization that provides, as its primary purpose,
20	28		services to victims of family violence, including the services
21	29		described by Section 51.005(b)(3), Human Resources Code.
22	30		(3) "Victim" has the meaning assigned to "victim of
23	31		family violence" by Section 51.002, Human Resources Code.
24	32		Sec. 93.002. CONFIDENTIAL COMMUNICATIONS. A written or
25	33		oral communication between an advocate and a victim made in the
26	34		course of advising, advocating for, counseling, or assisting the
27	35		victim is confidential and may not be disclosed.
28	36		Sec. 93.003. PRIVILEGED COMMUNICATIONS. (a) A victim has a
29	37		privilege to refuse to disclose and to prevent another from
30	38		disclosing a confidential communication described by Section
31	39		93.002.
32	40		(b) The privilege may be claimed by:
33	41		(1) a victim or a victim's attorney on a victim's
34	42		behalf;
35	43		(2) a parent, guardian, or conservator of a victim
36	44		under 18 years of age; or
37	45		(3) an advocate or a family violence center on a
38	46		victim's behalf.
39	47		Sec. 93.004. EXCEPTIONS. (a) A communication that is
40	48		confidential under this chapter may be disclosed only:
41	49		(1) to another individual employed by or volunteering
42	50		for a family violence center for the purpose of furthering the
43	51		advocacy process;
44	52		(2) for the purpose of seeking evidence that is
45	53		admissible under Article 38.49, Code of Criminal Procedure,
46	54		following an in camera review and a determination that the
47	55		communication is admissible under that article;
48	56		(3) to other persons in the context of a support group
49	57		or group counseling in which a victim is a participant; or
50	58		(4) for the purposes of making a report under Chapter
51	59		261 of this code or Section 48.051, Human Resources Code.
52	60		(b) Notwithstanding Subsection (a), the Texas Rules of
53	61		Evidence govern the disclosure of a communication that is
54	62		confidential under this chapter in a criminal or civil proceeding
55	63		by an expert witness who relies on facts or data from the
56	64		communication to form the basis of the expert's opinion.
57	65		(c) If the family violence center, at the request of the
58	66		victim, discloses a communication privileged under this chapter for
59	67		the purpose of a criminal or civil proceeding, the family violence
60	68		center shall disclose the communication to all parties to that
61	69		criminal or civil proceeding.
62	70		SECTION 3. This Act takes effect September 1, 2017.
63		-	______________________________ ______________________________
64		-	President of the Senate Speaker of the House
65		-	I certify that H.B. No. 3649 was passed by the House on May 6,
66		-	2017, by the following vote: Yeas 138, Nays 0, 2 present, not
67		-	voting; and that the House concurred in Senate amendments to H.B.
68		-	No. 3649 on May 25, 2017, by the following vote: Yeas 141, Nays 0,
69		-	2 present, not voting.
70		-	______________________________
71		-	Chief Clerk of the House
72		-	I certify that H.B. No. 3649 was passed by the Senate, with
73		-	amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
74		-	0.
75		-	______________________________
76		-	Secretary of the Senate
77		-	APPROVED: __________________
78		-	Date
79		-	__________________
80		-	Governor
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