86R5972 AJZ-F
By: Miller H.B. No. 4461
A BILL TO BE ENTITLED
AN ACT
relating to the rights of victims of sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
amended by adding Section 30.022 to read as follows:
Sec. 30.022. TESTIMONY OF SEXUAL ASSAULT VICTIMS. (a) In
this section, "sexual assault" has the meaning assigned by Section
420.003, Government Code.
(b) Subject to Subsection (c), in a proceeding in a civil
action relating to an alleged sexual assault in which the victim of
the alleged offense is testifying, on the request of the victim, the
court shall close the proceeding to the public for the duration of
the victim's testimony.
(c) The court shall allow the following individuals to
remain in a proceeding that is closed to the public under Subsection
(b):
(1) a party to the action;
(2) a guardian of the victim or a party to the action;
(3) an immediate family member of the victim or a party
to the action;
(4) an attorney representing the person who allegedly
committed the sexual assault and any employees of the attorney;
(5) an officer of the court;
(6) a juror;
(7) a member of the news media;
(8) a court reporter; and
(9) a witness designated by the victim.
SECTION 2. Chapter 38, Code of Criminal Procedure, is
amended by adding Articles 38.076 and 38.435 to read as follows:
Art. 38.076. TESTIMONY OF SEXUAL ASSAULT VICTIMS. (a)
Subject to Subsection (b), in a proceeding in the prosecution of an
offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal
Code, in which the victim of the alleged offense is testifying, on
the request of the victim, the court shall close the proceeding to
the public for the duration of the victim's testimony.
(b) The court shall allow the following individuals to
remain in a proceeding that is closed to the public under Subsection
(a):
(1) the defendant;
(2) a guardian of the victim or the defendant;
(3) an immediate family member of the victim or the
defendant;
(4) an attorney representing the state and any
employees of the attorney representing the state;
(5) an attorney representing the defendant and any
employees of the attorney representing the defendant;
(6) an officer of the court;
(7) a juror;
(8) a member of the news media;
(9) a court reporter; and
(10) with the consent of the victim, a witness
designated by the attorney representing the state.
Art. 38.435. PROHIBITED USE OF EVIDENCE FROM SEXUAL ASSAULT
EXAMINATION. Evidence collected during a forensic medical
examination conducted under Article 56.06 or 56.065 may not be used
to investigate or prosecute a misdemeanor offense, or an offense
under Subchapter D, Chapter 481, Health and Safety Code, alleged to
have been committed by the victim from whom the evidence was
collected.
SECTION 3. Article 56.021, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsections (e) and
(f) to read as follows:
(a) In addition to the rights enumerated in Article 56.02,
if the offense is a sexual assault, the victim, guardian of a
victim, or close relative of a deceased victim is entitled to the
following rights within the criminal justice system:
(1) if requested, the right to a disclosure of
information regarding any evidence that was collected during the
investigation of the offense, unless disclosing the information
would interfere with the investigation or prosecution of the
offense, in which event the victim, guardian, or relative shall be
informed of the estimated date on which that information is
expected to be disclosed;
(2) if requested, the right to a disclosure of
information regarding the status of any analysis being performed of
any evidence that was collected during the investigation of the
offense;
(3) if requested, the right to be notified:
(A) at the time a request is submitted to a crime
laboratory to process and analyze any evidence that was collected
during the investigation of the offense;
(B) at the time of the submission of a request to
compare any biological evidence collected during the investigation
of the offense with DNA profiles maintained in a state or federal
DNA database; and
(C) by the law enforcement agency that requested
[of the results of] the comparison described by Paragraph (B):
(i) of the results of that comparison,
through a secure and confidential message in writing that includes
a telephone number of the law enforcement agency that the survivor
may call regarding the results; or
(ii) if[, unless] disclosing the results of
that comparison would interfere with the investigation or
prosecution of the offense, [in which event the victim, guardian,
or relative shall be informed] of the estimated date on which those
results are expected to be disclosed;
(4) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection;
(5) for the victim of the offense, testing for
acquired immune deficiency syndrome (AIDS), human immunodeficiency
virus (HIV) infection, antibodies to HIV, or infection with any
other probable causative agent of AIDS; and
(6) to the extent provided by Articles 56.06 and
56.065, for the victim of the offense, the right to a forensic
medical examination if, within 96 hours of the offense, the offense
is reported to a law enforcement agency or a forensic medical
examination is otherwise conducted at a health care facility.
(e) A victim of a sexual assault may not be required to pay
for:
(1) the forensic portion of a forensic medical
examination requested by a law enforcement agency under Article
56.06 or conducted under Article 56.065; or
(2) the evidence collection kit required for the
examination.
(f) A victim of a sexual assault retains all of the rights
provided to the victim under this article and Article 56.02
regardless of whether the victim:
(1) participates in the investigation or prosecution
of the offense; or
(2) consents to receiving a forensic medical
examination under Article 56.06 or 56.065.
SECTION 4. Subchapter A, Chapter 56, Code of Criminal
Procedure, is amended by adding Article 56.025 to read as follows:
Art. 56.025. ACCESS TO REPORT OF LAW ENFORCEMENT AGENCY BY
VICTIM OF SEXUAL ASSAULT. (a) Notwithstanding Section 552.108,
Government Code, and except as provided by Subsection (b), on
request by the victim of a sexual assault, the law enforcement
agency investigating the sexual assault shall provide the victim
complete and unaltered copies of all law enforcement reports
concerning the sexual assault. The law enforcement agency shall
provide the copies not later than the 15th business day after the
date the request is submitted. The law enforcement agency may not
charge a fee for providing the copies.
(b) A law enforcement agency is not required to release any
portion of a law enforcement report concerning a sexual assault
that would interfere with the investigation or prosecution of the
offense. If a law enforcement agency does not release a portion of a
law enforcement report, the law enforcement agency shall inform the
victim of the estimated date that portion of the report is expected
to be available for release to the victim.
SECTION 5. Section 323.004(b), Health and Safety Code, is
amended to read as follows:
(b) A health care facility providing care to a sexual
assault survivor shall provide the survivor with:
(1) subject to Subsection (b-1), a forensic medical
examination in accordance with Subchapter B, Chapter 420,
Government Code, if the examination has been requested by a law
enforcement agency under Article 56.06, Code of Criminal Procedure,
or is conducted under Article 56.065, Code of Criminal Procedure;
(2) a private area, if available, to wait or speak with
the appropriate medical, legal, or sexual assault crisis center
staff or volunteer until a physician, nurse, or physician assistant
is able to treat the survivor;
(3) access to a sexual assault program advocate, if
available, as provided by Article 56.045, Code of Criminal
Procedure;
(4) the information form required by Section 323.005;
(5) a private treatment room, if available;
(6) if indicated by the history of contact, access to
appropriate prophylaxis for exposure to sexually transmitted
infections; [and]
(7) the name and telephone number of the nearest
sexual assault crisis center; and
(8) if the health care facility has shower facilities,
access to a shower at no cost to the survivor after the examination
described by Subdivision (1) or after the survivor declines the
examination, as applicable.
SECTION 6. Section 323.005(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall develop a standard information
form for sexual assault survivors that must include:
(1) a detailed explanation of the forensic medical
examination required to be provided by law, including a statement
that photographs may be taken of the genitalia;
(2) information regarding treatment of sexually
transmitted infections and pregnancy, including:
(A) generally accepted medical procedures;
(B) appropriate medications; and
(C) any contraindications of the medications
prescribed for treating sexually transmitted infections and
preventing pregnancy;
(3) information regarding drug-facilitated sexual
assault, including the necessity for an immediate urine test for
sexual assault survivors who may have been involuntarily drugged;
(4) information regarding crime victims compensation,
including:
(A) a statement that:
(i) a law enforcement agency will pay for
the forensic portion of an examination requested by the agency
under Article 56.06, Code of Criminal Procedure, and for the
evidence collection kit; or
(ii) the Department of Public Safety will
pay the appropriate fees for the forensic portion of an examination
conducted under Article 56.065, Code of Criminal Procedure, and for
the evidence collection kit; and
(B) reimbursement information for the medical
portion of the examination;
(5) an explanation that consent for the forensic
medical examination may be withdrawn at any time during the
examination;
(6) the name and telephone number of sexual assault
crisis centers statewide; [and]
(7) information regarding postexposure prophylaxis
for HIV infection;
(8) information regarding the length of time
biological evidence collected from the forensic medical
examination will be retained and preserved under Article 38.43,
Code of Criminal Procedure; and
(9) a statement that the survivor has the right to
access a shower for free after the forensic medical examination or
after the survivor declines the examination, as applicable, if
shower facilities are available at the health care facility.
SECTION 7. Section 30.022, Civil Practice and Remedies
Code, and Article 38.076, Code of Criminal Procedure, as added by
this Act, apply to a civil or criminal proceeding that commences on
or after the effective date of this Act. A civil or criminal
proceeding that commences before the effective date of this Act is
governed by the law in effect on the date the proceeding commenced,
and the former law is continued in effect for that purpose.
SECTION 8. Article 38.435, Code of Criminal Procedure, and
Section 323.004(b)(8), Health and Safety Code, as added by this
Act, apply to a forensic medical examination that occurs on or after
the effective date of this Act. A forensic medical examination that
occurs before that date is governed by the law in effect on the date
the examination occurred, and the former law is continued in effect
for that purpose.
SECTION 9. Article 56.021, Code of Criminal Procedure, as
amended by this Act, and Article 56.025, Code of Criminal
Procedure, as added by this Act, apply only to an offense committed
on or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 10. This Act takes effect September 1, 2019.