By: Zaffirini S.B. No. 2237
A BILL TO BE ENTITLED
AN ACT
relating to elderly persons and persons with a disability who are
survivors of sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 420.031, Government Code, is amended by
adding subsection (g) and (h) to read as follows:
(g) a sexual assault examiner and sexual assault nurse
examiner as defined in Section 420.003 of this chapter may provide
upon request medical care to and collect forensic evidence for
survivors of sexual assault who are incapacitated 14 years of age or
older, regardless of whether or not the legal guardian of a survivor
as defined by Chapter 1002, Estates Code consents.
(h) a sexual assault examiner and sexual assault nurse
examiner defined in Section 420.003 of this chapter may provide
upon request medical care to and collect forensic evidence for
survivors of sexual assault who are wards, as that term is defined
by Chapter 1002, Estates Code.
SECTION 2. Section 420.072(c), Government Code, is amended
to read as follows:
(c) A communication, a record, or evidence that is
confidential under this subchapter may not be disclosed to a parent
or legal guardian of a survivor [who is a minor] if an advocate or a
sexual assault program knows or has reason to believe that the
parent or legal guardian of the survivor is a suspect or accomplice
in the sexual assault of the survivor.
SECTION 3. Section 420.073, Government Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Consent for the release of confidential information
other than evidence contained in an evidence collection kit must be
in writing and signed by the survivor, a parent or legal guardian if
the survivor is a minor, [a legal guardian if the survivor has been
adjudicated incompetent to manage the survivor's personal
affairs,] an attorney ad litem appointed for the survivor, or a
personal representative if the survivor is deceased. The written
consent must specify:
(1) the information or records covered by the release;
(2) the reason or purpose for the release; and
(3) the person to whom the information is to be
released.
(d) For purposes of Subsection (a), a written consent signed
by a survivor who is an incapacitated person 14 years of age or
older, as that term is defined by Chapter 1002, Estates Code, is
effective regardless of whether the incapacitated person's
guardian, guardian ad litem, or other legal agent signs the
release. If the incapacitated person is unable to provide a
signature and the guardian, guardian ad litem, or other legal agent
is unavailable or declines to sign the release, then the
investigating law enforcement officer may sign the release.
SECTION 4. Section 420.0735(b), Government Code, is amended
to read as follows:
(b) For purposes of Subsection (a)(1), a written consent
signed by an incapacitated person, as that term is defined by
Chapter 1002, Estates Code, is effective regardless of whether the
incapacitated person's guardian, guardian ad litem, or other legal
agent signs the release. If the incapacitated person is unable to
provide a signature and the guardian, guardian ad litem, or other
legal agent is unavailable or declines to sign the release, then the
investigating law enforcement officer may sign the release.
SECTION 7. This Act takes effect September 1, 2019.