By: Howard, et al. H.B. No. 1172
(Senate Sponsor - Zaffirini, Bettencourt)
(In the Senate - Received from the House April 19, 2021;
April 19, 2021, read first time and referred to Committee on
Criminal Justice; May 20, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 20, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1172 By: Huffman
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 conform to Section 3, Chapter 1037 (H.B. 616), Acts of
the 86th Legislature, Regular Session, 2019, and is further 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 120 [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 investigative interview with a victim
reporting a sexual assault, other than a victim who is a minor as
defined by Section 101.003, Family Code, 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, a peace
officer who has completed a sexual assault training program
described by Section 420.011(b), Government Code, or a victim's
assistance counselor from a state or local agency or other entity be
present with the victim during the interview.
(b-1) The peace officer conducting an investigative
interview described by Subsection (a) shall make a good faith
effort to comply with Subsections (a) and (b), except that the
officer's compliance with those subsections may not unreasonably
delay or otherwise impede the interview process.
(c) An advocate, liaison, officer, 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, officer, or counselor and the
sexual assault program or other entity providing the advocate,
liaison, officer, 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, officer, 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. Article 56A.352, Code of Criminal Procedure, is
amended by amending Subsections (b) and (d) and adding Subsection
(b-1) to read as follows:
(b) If a victim alleging to have sustained injuries as the
victim of a sexual assault was confined in a penal institution at
the time of the alleged assault, the penal institution shall
provide, at the victim's request, a representative to be present
with the victim:
(1) at any forensic medical examination conducted for
the purpose of collecting and preserving evidence related to the
investigation or prosecution of the alleged assault; and
(2) during an investigative interview conducted by a
peace officer in relation to the investigation of the alleged
assault.
(b-1) The representative provided by the penal institution
under Subsection (b) must:
(1) be approved by the penal institution; and
(2) be a:
(A) psychologist;
(B) sociologist;
(C) chaplain;
(D) social worker;
(E) case manager; or
(F) volunteer who has completed a sexual assault
training program described by Section 420.011(b), Government Code.
(d) A representative may not delay or otherwise impede:
(1) the screening or stabilization of an emergency
medical condition; or
(2) the interview process.
SECTION 7. 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 8. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 9. This Act takes effect September 1, 2021.
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