Texas Senate Bill SB2237

Texas 2019 - 86th Regular

Caption

Relating to elderly persons and persons with a disability who are survivors of sexual assault.

Impact

The bill seeks to strengthen the legal framework around the confidentiality of communications and records related to sexual assault survivors. Another important amendment ensures that when confidential information is involved, it may not be disclosed to a parent or legal guardian if they are suspected of being involved in the assault. This provision is designed to protect the survivor's right to privacy and prevent further trauma.

Summary

SB2237 focuses on enhancing the rights and protections for elderly persons and individuals with disabilities who are survivors of sexual assault. The bill amends several sections of the Government Code, making significant changes to the way medical care and forensic evidence collection can be provided to these vulnerable populations. One of the key provisions allows sexual assault examiners and nurses to provide care and collect evidence for survivors aged 14 and over without requiring consent from a legal guardian if the survivor is incapacitated. This is particularly vital for those who may be unable to advocate for themselves due to their circumstances.

Contention

Despite its protective intentions, the bill may face some contention primarily focused on the implications of consent and the role of guardianship for incapacitated individuals. While advocates argue that the bill is a significant step forward in ensuring that survivors receive timely and necessary care, there may be concerns regarding the balance between protecting vulnerable individuals and ensuring that their legal rights are upheld in situations involving guardianship.