87R4372 AJZ-F
By: Howard H.B. No. 1172
A BILL TO BE ENTITLED
AN ACT
relating to the rights of victims of sexual assault or other
prohibited sexual conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 15.051, Code of Criminal
Procedure, is amended to read as follows:
Art. 15.051. [REQUIRING] POLYGRAPH EXAMINATION OF
COMPLAINANT PROHIBITED.
SECTION 2. Article 15.051(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A peace officer or an attorney representing the state
may not require, request, or take a polygraph examination of a
person who charges or seeks to charge in a complaint the commission
of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02,
Penal Code.
SECTION 3. Article 56A.251(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If [Except as provided by Subsection (b), if] a sexual
assault is reported to a law enforcement agency within 96 hours
after the assault, the law enforcement agency, with the consent of
the victim of the alleged assault, a person authorized to act on
behalf of the victim, or an employee of the Department of Family and
Protective Services, shall request a forensic medical examination
of the victim for use in the investigation or prosecution of the
offense.
SECTION 4. The heading to Subchapter H, Chapter 56A, Code of
Criminal Procedure, is amended to read as follows:
SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
FORENSIC MEDICAL EXAMINATION OR LAW ENFORCEMENT INTERVIEW
SECTION 5. Subchapter H, Chapter 56A, Code of Criminal
Procedure, is amended by adding Article 56A.3515 to read as
follows:
Art. 56A.3515. PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE
OR OTHER VICTIM'S REPRESENTATIVE DURING LAW ENFORCEMENT INTERVIEW.
(a) Before conducting an interview with a victim reporting a sexual
assault, the peace officer conducting the interview shall offer the
victim the opportunity to have an advocate from a sexual assault
program, as defined by Section 420.003, Government Code, be present
with the victim during the interview, if the advocate is available
at the time of the interview. The advocate must have completed a
sexual assault training program described by Section 420.011(b),
Government Code.
(b) If an advocate described by Subsection (a) is not
available at the time of the interview, the peace officer
conducting the interview shall offer the victim the opportunity to
have a crime victim liaison from the law enforcement agency or a
victim's assistance counselor from a state or local agency or other
entity be present with the victim during the interview.
(c) An advocate, liaison, or counselor authorized to be
present during an interview under this article may only provide the
victim reporting the sexual assault with:
(1) counseling and other support services; and
(2) information regarding the rights of crime victims
under Subchapter B.
(d) The advocate, liaison, or counselor and the sexual
assault program or other entity providing the advocate, liaison, or
counselor may not delay or otherwise impede the interview process.
(e) A sexual assault program providing an advocate under
Subsection (a) shall pay all costs associated with providing the
advocate. An entity providing a victim's assistance counselor
under Subsection (b) shall pay all costs associated with providing
the counselor.
(f) A peace officer or law enforcement agency that provides
an advocate, liaison, or counselor with access to a victim
reporting a sexual assault is not subject to civil or criminal
liability for providing that access.
SECTION 6. The following provisions of the Code of Criminal
Procedure are repealed:
(1) Articles 15.051(b) and (c); and
(2) Article 56A.251(b).
SECTION 7. This Act takes effect September 1, 2021.