Texas 2019 - 86th Regular

Texas House Bill HB4461 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5972 AJZ-F
2	2	By: Miller H.B. No. 4461
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the rights of victims of sexual assault.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
10	10	amended by adding Section 30.022 to read as follows:
11	11	Sec. 30.022. TESTIMONY OF SEXUAL ASSAULT VICTIMS. (a) In
12	12	this section, "sexual assault" has the meaning assigned by Section
13	13	420.003, Government Code.
14	14	(b) Subject to Subsection (c), in a proceeding in a civil
15	15	action relating to an alleged sexual assault in which the victim of
16	16	the alleged offense is testifying, on the request of the victim, the
17	17	court shall close the proceeding to the public for the duration of
18	18	the victim's testimony.
19	19	(c) The court shall allow the following individuals to
20	20	remain in a proceeding that is closed to the public under Subsection
21	21	(b):
22	22	(1) a party to the action;
23	23	(2) a guardian of the victim or a party to the action;
24	24	(3) an immediate family member of the victim or a party
25	25	to the action;
26	26	(4) an attorney representing the person who allegedly
27	27	committed the sexual assault and any employees of the attorney;
28	28	(5) an officer of the court;
29	29	(6) a juror;
30	30	(7) a member of the news media;
31	31	(8) a court reporter; and
32	32	(9) a witness designated by the victim.
33	33	SECTION 2. Chapter 38, Code of Criminal Procedure, is
34	34	amended by adding Articles 38.076 and 38.435 to read as follows:
35	35	Art. 38.076. TESTIMONY OF SEXUAL ASSAULT VICTIMS. (a)
36	36	Subject to Subsection (b), in a proceeding in the prosecution of an
37	37	offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal
38	38	Code, in which the victim of the alleged offense is testifying, on
39	39	the request of the victim, the court shall close the proceeding to
40	40	the public for the duration of the victim's testimony.
41	41	(b) The court shall allow the following individuals to
42	42	remain in a proceeding that is closed to the public under Subsection
43	43	(a):
44	44	(1) the defendant;
45	45	(2) a guardian of the victim or the defendant;
46	46	(3) an immediate family member of the victim or the
47	47	defendant;
48	48	(4) an attorney representing the state and any
49	49	employees of the attorney representing the state;
50	50	(5) an attorney representing the defendant and any
51	51	employees of the attorney representing the defendant;
52	52	(6) an officer of the court;
53	53	(7) a juror;
54	54	(8) a member of the news media;
55	55	(9) a court reporter; and
56	56	(10) with the consent of the victim, a witness
57	57	designated by the attorney representing the state.
58	58	Art. 38.435. PROHIBITED USE OF EVIDENCE FROM SEXUAL ASSAULT
59	59	EXAMINATION. Evidence collected during a forensic medical
60	60	examination conducted under Article 56.06 or 56.065 may not be used
61	61	to investigate or prosecute a misdemeanor offense, or an offense
62	62	under Subchapter D, Chapter 481, Health and Safety Code, alleged to
63	63	have been committed by the victim from whom the evidence was
64	64	collected.
65	65	SECTION 3. Article 56.021, Code of Criminal Procedure, is
66	66	amended by amending Subsection (a) and adding Subsections (e) and
67	67	(f) to read as follows:
68	68	(a) In addition to the rights enumerated in Article 56.02,
69	69	if the offense is a sexual assault, the victim, guardian of a
70	70	victim, or close relative of a deceased victim is entitled to the
71	71	following rights within the criminal justice system:
72	72	(1) if requested, the right to a disclosure of
73	73	information regarding any evidence that was collected during the
74	74	investigation of the offense, unless disclosing the information
75	75	would interfere with the investigation or prosecution of the
76	76	offense, in which event the victim, guardian, or relative shall be
77	77	informed of the estimated date on which that information is
78	78	expected to be disclosed;
79	79	(2) if requested, the right to a disclosure of
80	80	information regarding the status of any analysis being performed of
81	81	any evidence that was collected during the investigation of the
82	82	offense;
83	83	(3) if requested, the right to be notified:
84	84	(A) at the time a request is submitted to a crime
85	85	laboratory to process and analyze any evidence that was collected
86	86	during the investigation of the offense;
87	87	(B) at the time of the submission of a request to
88	88	compare any biological evidence collected during the investigation
89	89	of the offense with DNA profiles maintained in a state or federal
90	90	DNA database; and
91	91	(C) by the law enforcement agency that requested
92	92	[of the results of] the comparison described by Paragraph (B):
93	93	(i) of the results of that comparison,
94	94	through a secure and confidential message in writing that includes
95	95	a telephone number of the law enforcement agency that the survivor
96	96	may call regarding the results; or
97	97	(ii) if[, unless] disclosing the results of
98	98	that comparison would interfere with the investigation or
99	99	prosecution of the offense, [in which event the victim, guardian,
100	100	or relative shall be informed] of the estimated date on which those
101	101	results are expected to be disclosed;
102	102	(4) if requested, the right to counseling regarding
103	103	acquired immune deficiency syndrome (AIDS) and human
104	104	immunodeficiency virus (HIV) infection;
105	105	(5) for the victim of the offense, testing for
106	106	acquired immune deficiency syndrome (AIDS), human immunodeficiency
107	107	virus (HIV) infection, antibodies to HIV, or infection with any
108	108	other probable causative agent of AIDS; and
109	109	(6) to the extent provided by Articles 56.06 and
110	110	56.065, for the victim of the offense, the right to a forensic
111	111	medical examination if, within 96 hours of the offense, the offense
112	112	is reported to a law enforcement agency or a forensic medical
113	113	examination is otherwise conducted at a health care facility.
114	114	(e) A victim of a sexual assault may not be required to pay
115	115	for:
116	116	(1) the forensic portion of a forensic medical
117	117	examination requested by a law enforcement agency under Article
118	118	56.06 or conducted under Article 56.065; or
119	119	(2) the evidence collection kit required for the
120	120	examination.
121	121	(f) A victim of a sexual assault retains all of the rights
122	122	provided to the victim under this article and Article 56.02
123	123	regardless of whether the victim:
124	124	(1) participates in the investigation or prosecution
125	125	of the offense; or
126	126	(2) consents to receiving a forensic medical
127	127	examination under Article 56.06 or 56.065.
128	128	SECTION 4. Subchapter A, Chapter 56, Code of Criminal
129	129	Procedure, is amended by adding Article 56.025 to read as follows:
130	130	Art. 56.025. ACCESS TO REPORT OF LAW ENFORCEMENT AGENCY BY
131	131	VICTIM OF SEXUAL ASSAULT. (a) Notwithstanding Section 552.108,
132	132	Government Code, and except as provided by Subsection (b), on
133	133	request by the victim of a sexual assault, the law enforcement
134	134	agency investigating the sexual assault shall provide the victim
135	135	complete and unaltered copies of all law enforcement reports
136	136	concerning the sexual assault. The law enforcement agency shall
137	137	provide the copies not later than the 15th business day after the
138	138	date the request is submitted. The law enforcement agency may not
139	139	charge a fee for providing the copies.
140	140	(b) A law enforcement agency is not required to release any
141	141	portion of a law enforcement report concerning a sexual assault
142	142	that would interfere with the investigation or prosecution of the
143	143	offense. If a law enforcement agency does not release a portion of a
144	144	law enforcement report, the law enforcement agency shall inform the
145	145	victim of the estimated date that portion of the report is expected
146	146	to be available for release to the victim.
147	147	SECTION 5. Section 323.004(b), Health and Safety Code, is
148	148	amended to read as follows:
149	149	(b) A health care facility providing care to a sexual
150	150	assault survivor shall provide the survivor with:
151	151	(1) subject to Subsection (b-1), a forensic medical
152	152	examination in accordance with Subchapter B, Chapter 420,
153	153	Government Code, if the examination has been requested by a law
154	154	enforcement agency under Article 56.06, Code of Criminal Procedure,
155	155	or is conducted under Article 56.065, Code of Criminal Procedure;
156	156	(2) a private area, if available, to wait or speak with
157	157	the appropriate medical, legal, or sexual assault crisis center
158	158	staff or volunteer until a physician, nurse, or physician assistant
159	159	is able to treat the survivor;
160	160	(3) access to a sexual assault program advocate, if
161	161	available, as provided by Article 56.045, Code of Criminal
162	162	Procedure;
163	163	(4) the information form required by Section 323.005;
164	164	(5) a private treatment room, if available;
165	165	(6) if indicated by the history of contact, access to
166	166	appropriate prophylaxis for exposure to sexually transmitted
167	167	infections; [and]
168	168	(7) the name and telephone number of the nearest
169	169	sexual assault crisis center; and
170	170	(8) if the health care facility has shower facilities,
171	171	access to a shower at no cost to the survivor after the examination
172	172	described by Subdivision (1) or after the survivor declines the
173	173	examination, as applicable.
174	174	SECTION 6. Section 323.005(a), Health and Safety Code, is
175	175	amended to read as follows:
176	176	(a) The department shall develop a standard information
177	177	form for sexual assault survivors that must include:
178	178	(1) a detailed explanation of the forensic medical
179	179	examination required to be provided by law, including a statement
180	180	that photographs may be taken of the genitalia;
181	181	(2) information regarding treatment of sexually
182	182	transmitted infections and pregnancy, including:
183	183	(A) generally accepted medical procedures;
184	184	(B) appropriate medications; and
185	185	(C) any contraindications of the medications
186	186	prescribed for treating sexually transmitted infections and
187	187	preventing pregnancy;
188	188	(3) information regarding drug-facilitated sexual
189	189	assault, including the necessity for an immediate urine test for
190	190	sexual assault survivors who may have been involuntarily drugged;
191	191	(4) information regarding crime victims compensation,
192	192	including:
193	193	(A) a statement that:
194	194	(i) a law enforcement agency will pay for
195	195	the forensic portion of an examination requested by the agency
196	196	under Article 56.06, Code of Criminal Procedure, and for the
197	197	evidence collection kit; or
198	198	(ii) the Department of Public Safety will
199	199	pay the appropriate fees for the forensic portion of an examination
200	200	conducted under Article 56.065, Code of Criminal Procedure, and for
201	201	the evidence collection kit; and
202	202	(B) reimbursement information for the medical
203	203	portion of the examination;
204	204	(5) an explanation that consent for the forensic
205	205	medical examination may be withdrawn at any time during the
206	206	examination;
207	207	(6) the name and telephone number of sexual assault
208	208	crisis centers statewide; [and]
209	209	(7) information regarding postexposure prophylaxis
210	210	for HIV infection;
211	211	(8) information regarding the length of time
212	212	biological evidence collected from the forensic medical
213	213	examination will be retained and preserved under Article 38.43,
214	214	Code of Criminal Procedure; and
215	215	(9) a statement that the survivor has the right to
216	216	access a shower for free after the forensic medical examination or
217	217	after the survivor declines the examination, as applicable, if
218	218	shower facilities are available at the health care facility.
219	219	SECTION 7. Section 30.022, Civil Practice and Remedies
220	220	Code, and Article 38.076, Code of Criminal Procedure, as added by
221	221	this Act, apply to a civil or criminal proceeding that commences on
222	222	or after the effective date of this Act. A civil or criminal
223	223	proceeding that commences before the effective date of this Act is
224	224	governed by the law in effect on the date the proceeding commenced,
225	225	and the former law is continued in effect for that purpose.
226	226	SECTION 8. Article 38.435, Code of Criminal Procedure, and
227	227	Section 323.004(b)(8), Health and Safety Code, as added by this
228	228	Act, apply to a forensic medical examination that occurs on or after
229	229	the effective date of this Act. A forensic medical examination that
230	230	occurs before that date is governed by the law in effect on the date
231	231	the examination occurred, and the former law is continued in effect
232	232	for that purpose.
233	233	SECTION 9. Article 56.021, Code of Criminal Procedure, as
234	234	amended by this Act, and Article 56.025, Code of Criminal
235	235	Procedure, as added by this Act, apply only to an offense committed
236	236	on or after the effective date of this Act. An offense committed
237	237	before the effective date of this Act is governed by the law in
238	238	effect on the date the offense was committed, and the former law is
239	239	continued in effect for that purpose. For purposes of this section,
240	240	an offense was committed before the effective date of this Act if
241	241	any element of the offense occurred before that date.
242	242	SECTION 10. This Act takes effect September 1, 2019.