Texas 2019 - 86th Regular

Texas Senate Bill SB2237 Compare Versions

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

Old	New	Differences
1	1	By: Zaffirini S.B. No. 2237
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to elderly persons and persons with a disability who are
7	7	survivors of sexual assault.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 420.031, Government Code, is amended by
10	10	adding subsection (g) and (h) to read as follows:
11	11	(g) a sexual assault examiner and sexual assault nurse
12	12	examiner as defined in Section 420.003 of this chapter may provide
13	13	upon request medical care to and collect forensic evidence for
14	14	survivors of sexual assault who are incapacitated 14 years of age or
15	15	older, regardless of whether or not the legal guardian of a survivor
16	16	as defined by Chapter 1002, Estates Code consents.
17	17	(h) a sexual assault examiner and sexual assault nurse
18	18	examiner defined in Section 420.003 of this chapter may provide
19	19	upon request medical care to and collect forensic evidence for
20	20	survivors of sexual assault who are wards, as that term is defined
21	21	by Chapter 1002, Estates Code.
22	22	SECTION 2. Section 420.072(c), Government Code, is amended
23	23	to read as follows:
24	24	(c) A communication, a record, or evidence that is
25	25	confidential under this subchapter may not be disclosed to a parent
26	26	or legal guardian of a survivor [who is a minor] if an advocate or a
27	27	sexual assault program knows or has reason to believe that the
28	28	parent or legal guardian of the survivor is a suspect or accomplice
29	29	in the sexual assault of the survivor.
30	30	SECTION 3. Section 420.073, Government Code, is amended by
31	31	amending Subsection (a) and adding Subsection (d) to read as
32	32	follows:
33	33	(a) Consent for the release of confidential information
34	34	other than evidence contained in an evidence collection kit must be
35	35	in writing and signed by the survivor, a parent or legal guardian if
36	36	the survivor is a minor, [a legal guardian if the survivor has been
37	37	adjudicated incompetent to manage the survivor's personal
38	38	affairs,] an attorney ad litem appointed for the survivor, or a
39	39	personal representative if the survivor is deceased. The written
40	40	consent must specify:
41	41	(1) the information or records covered by the release;
42	42	(2) the reason or purpose for the release; and
43	43	(3) the person to whom the information is to be
44	44	released.
45	45	(d) For purposes of Subsection (a), a written consent signed
46	46	by a survivor who is an incapacitated person 14 years of age or
47	47	older, as that term is defined by Chapter 1002, Estates Code, is
48	48	effective regardless of whether the incapacitated person's
49	49	guardian, guardian ad litem, or other legal agent signs the
50	50	release. If the incapacitated person is unable to provide a
51	51	signature and the guardian, guardian ad litem, or other legal agent
52	52	is unavailable or declines to sign the release, then the
53	53	investigating law enforcement officer may sign the release.
54	54	SECTION 4. Section 420.0735(b), Government Code, is amended
55	55	to read as follows:
56	56	(b) For purposes of Subsection (a)(1), a written consent
57	57	signed by an incapacitated person, as that term is defined by
58	58	Chapter 1002, Estates Code, is effective regardless of whether the
59	59	incapacitated person's guardian, guardian ad litem, or other legal
60	60	agent signs the release. If the incapacitated person is unable to
61	61	provide a signature and the guardian, guardian ad litem, or other
62	62	legal agent is unavailable or declines to sign the release, then the
63	63	investigating law enforcement officer may sign the release.
64	64	SECTION 7. This Act takes effect September 1, 2019.