H.B. No. 3649
AN ACT
relating to confidential communications of victims of certain
family violence offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle C, Title 4, Family Code,
is amended to read as follows:
SUBTITLE C. [REPORTING] FAMILY VIOLENCE REPORTING AND SERVICES
SECTION 2. Subtitle C, Title 4, Family Code, is amended by
adding Chapter 93 to read as follows:
CHAPTER 93. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS
Sec. 93.001. DEFINITIONS. In this chapter:
(1) "Advocate" means a person who has at least 20 hours
of training in assisting victims of family violence and is an
employee or volunteer of a family violence center.
(2) "Family violence center" means a public or private
nonprofit organization that provides, as its primary purpose,
services to victims of family violence, including the services
described by Section 51.005(b)(3), Human Resources Code.
(3) "Victim" has the meaning assigned to "victim of
family violence" by Section 51.002, Human Resources Code.
Sec. 93.002. CONFIDENTIAL COMMUNICATIONS. A written or
oral communication between an advocate and a victim made in the
course of advising, advocating for, counseling, or assisting the
victim is confidential and may not be disclosed.
Sec. 93.003. PRIVILEGED COMMUNICATIONS. (a) A victim has a
privilege to refuse to disclose and to prevent another from
disclosing a confidential communication described by Section
93.002.
(b) The privilege may be claimed by:
(1) a victim or a victim's attorney on a victim's
behalf;
(2) a parent, guardian, or conservator of a victim
under 18 years of age; or
(3) an advocate or a family violence center on a
victim's behalf.
Sec. 93.004. EXCEPTIONS. (a) A communication that is
confidential under this chapter may be disclosed only:
(1) to another individual employed by or volunteering
for a family violence center for the purpose of furthering the
advocacy process;
(2) for the purpose of seeking evidence that is
admissible under Article 38.49, Code of Criminal Procedure,
following an in camera review and a determination that the
communication is admissible under that article;
(3) to other persons in the context of a support group
or group counseling in which a victim is a participant; or
(4) for the purposes of making a report under Chapter
261 of this code or Section 48.051, Human Resources Code.
(b) Notwithstanding Subsection (a), the Texas Rules of
Evidence govern the disclosure of a communication that is
confidential under this chapter in a criminal or civil proceeding
by an expert witness who relies on facts or data from the
communication to form the basis of the expert's opinion.
(c) If the family violence center, at the request of the
victim, discloses a communication privileged under this chapter for
the purpose of a criminal or civil proceeding, the family violence
center shall disclose the communication to all parties to that
criminal or civil proceeding.
SECTION 3. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3649 was passed by the House on May 6,
2017, by the following vote: Yeas 138, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3649 on May 25, 2017, by the following vote: Yeas 141, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3649 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor