| 1 | 1 | | 85R14064 JSC-F |
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| 2 | 2 | | By: Hinojosa, Garcia S.B. No. 1757 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to confidential communications of victims of certain |
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| 8 | 8 | | family violence offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subtitle C, Title 4, Family Code, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | SUBTITLE C. [REPORTING] FAMILY VIOLENCE REPORTING AND SERVICES |
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| 13 | 13 | | SECTION 2. Subtitle C, Title 4, Family Code, is amended by |
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| 14 | 14 | | adding Chapter 93 to read as follows: |
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| 15 | 15 | | CHAPTER 93. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS |
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| 16 | 16 | | Sec. 93.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Advocate" means a person who has at least 20 hours |
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| 18 | 18 | | of training in assisting victims of family violence and is an |
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| 19 | 19 | | employee or volunteer of a family violence center. |
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| 20 | 20 | | (2) "Family violence center" means a public or private |
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| 21 | 21 | | nonprofit organization that provides, as its primary purpose, |
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| 22 | 22 | | services to victims of family violence, including the services |
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| 23 | 23 | | described by Section 51.005(b)(3), Human Resources Code. |
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| 24 | 24 | | (3) "Victim" has the meaning assigned to "victim of |
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| 25 | 25 | | family violence" by Section 51.002, Human Resources Code. |
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| 26 | 26 | | Sec. 93.002. CONFIDENTIAL COMMUNICATIONS. A written or |
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| 27 | 27 | | oral communication between an advocate and a victim made in the |
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| 28 | 28 | | course of advising, advocating for, counseling, or assisting the |
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| 29 | 29 | | victim is confidential and may not be disclosed. |
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| 30 | 30 | | Sec. 93.003. PRIVILEGED COMMUNICATIONS. (a) A victim has a |
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| 31 | 31 | | privilege to refuse to disclose and to prevent another from |
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| 32 | 32 | | disclosing a confidential communication described by Section |
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| 33 | 33 | | 93.002. |
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| 34 | 34 | | (b) The privilege may be claimed by: |
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| 35 | 35 | | (1) a victim or a victim's attorney on a victim's |
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| 36 | 36 | | behalf; |
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| 37 | 37 | | (2) a parent, guardian, or conservator of a victim |
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| 38 | 38 | | under 18 years of age; or |
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| 39 | 39 | | (3) an advocate or a family violence center on a |
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| 40 | 40 | | victim's behalf. |
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| 41 | 41 | | Sec. 93.004. EXCEPTIONS. A communication that is |
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| 42 | 42 | | confidential under this chapter may be disclosed only: |
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| 43 | 43 | | (1) to another individual employed by or volunteering |
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| 44 | 44 | | for a family violence center for the purpose of furthering the |
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| 45 | 45 | | advocacy process; |
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| 46 | 46 | | (2) to other persons in the context of a support group |
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| 47 | 47 | | or group counseling in which a victim is a participant; or |
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| 48 | 48 | | (3) for the purposes of making a report under Chapter |
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| 49 | 49 | | 261 of this code or Section 48.051, Human Resources Code. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2017. |
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