Texas 2021 - 87th Regular

Texas House Bill HB1172 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1172
	1	+	By: Howard, et al. H.B. No. 1172
	2	+	(Senate Sponsor - Zaffirini, Bettencourt)
	3	+	(In the Senate - Received from the House April 19, 2021;
	4	+	April 19, 2021, read first time and referred to Committee on
	5	+	Criminal Justice; May 20, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 6, Nays 0;
	7	+	May 20, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1172 By: Huffman
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the rights of victims of sexual assault or other
6	15		prohibited sexual conduct.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. The heading to Article 15.051, Code of Criminal
9	18		Procedure, is amended to read as follows:
10	19		Art. 15.051. [REQUIRING] POLYGRAPH EXAMINATION OF
11	20		COMPLAINANT PROHIBITED.
12	21		SECTION 2. Article 15.051(a), Code of Criminal Procedure,
13	22		is amended to read as follows:
14	23		(a) A peace officer or an attorney representing the state
15	24		may not require, request, or take a polygraph examination of a
16	25		person who charges or seeks to charge in a complaint the commission
17	26		of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02,
18	27		Penal Code.
19	28		SECTION 3. Article 56A.251(a), Code of Criminal Procedure,
20	29		is amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of
21	30		the 86th Legislature, Regular Session, 2019, and is further amended
22	31		to read as follows:
23	32		(a) If [Except as provided by Subsection (b), if] a sexual
24	33		assault is reported to a law enforcement agency within 120 [96]
25	34		hours after the assault, the law enforcement agency, with the
26	35		consent of the victim of the alleged assault, a person authorized to
27	36		act on behalf of the victim, or an employee of the Department of
28	37		Family and Protective Services, shall request a forensic medical
29	38		examination of the victim for use in the investigation or
30	39		prosecution of the offense.
31	40		SECTION 4. The heading to Subchapter H, Chapter 56A, Code of
32	41		Criminal Procedure, is amended to read as follows:
33	42		SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
34	43		FORENSIC MEDICAL EXAMINATION OR LAW ENFORCEMENT INTERVIEW
35	44		SECTION 5. Subchapter H, Chapter 56A, Code of Criminal
36	45		Procedure, is amended by adding Article 56A.3515 to read as
37	46		follows:
38	47		Art. 56A.3515. PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE
39	48		OR OTHER VICTIM'S REPRESENTATIVE DURING LAW ENFORCEMENT INTERVIEW.
40	49		(a) Before conducting an investigative interview with a victim
41	50		reporting a sexual assault, other than a victim who is a minor as
42	51		defined by Section 101.003, Family Code, the peace officer
43	52		conducting the interview shall offer the victim the opportunity to
44	53		have an advocate from a sexual assault program, as defined by
45	54		Section 420.003, Government Code, be present with the victim during
46	55		the interview, if the advocate is available at the time of the
47	56		interview. The advocate must have completed a sexual assault
48	57		training program described by Section 420.011(b), Government Code.
49	58		(b) If an advocate described by Subsection (a) is not
50	59		available at the time of the interview, the peace officer
51	60		conducting the interview shall offer the victim the opportunity to
52	61		have a crime victim liaison from the law enforcement agency, a peace
53	62		officer who has completed a sexual assault training program
54	63		described by Section 420.011(b), Government Code, or a victim's
55	64		assistance counselor from a state or local agency or other entity be
56	65		present with the victim during the interview.
57	66		(b-1) The peace officer conducting an investigative
58	67		interview described by Subsection (a) shall make a good faith
59	68		effort to comply with Subsections (a) and (b), except that the
60	69		officer's compliance with those subsections may not unreasonably
61	70		delay or otherwise impede the interview process.
62	71		(c) An advocate, liaison, officer, or counselor authorized
63	72		to be present during an interview under this article may only
64	73		provide the victim reporting the sexual assault with:
65	74		(1) counseling and other support services; and
66	75		(2) information regarding the rights of crime victims
67	76		under Subchapter B.
68	77		(d) The advocate, liaison, officer, or counselor and the
69	78		sexual assault program or other entity providing the advocate,
70	79		liaison, officer, or counselor may not delay or otherwise impede
71	80		the interview process.
72	81		(e) A sexual assault program providing an advocate under
73	82		Subsection (a) shall pay all costs associated with providing the
74	83		advocate. An entity providing a victim's assistance counselor
75	84		under Subsection (b) shall pay all costs associated with providing
76	85		the counselor.
77	86		(f) A peace officer or law enforcement agency that provides
78	87		an advocate, liaison, officer, or counselor with access to a victim
79	88		reporting a sexual assault is not subject to civil or criminal
80	89		liability for providing that access.
81	90		SECTION 6. Article 56A.352, Code of Criminal Procedure, is
82	91		amended by amending Subsections (b) and (d) and adding Subsection
83	92		(b-1) to read as follows:
84	93		(b) If a victim alleging to have sustained injuries as the
85	94		victim of a sexual assault was confined in a penal institution at
86	95		the time of the alleged assault, the penal institution shall
87	96		provide, at the victim's request, a representative to be present
88	97		with the victim:
89	98		(1) at any forensic medical examination conducted for
90	99		the purpose of collecting and preserving evidence related to the
91	100		investigation or prosecution of the alleged assault; and
92	101		(2) during an investigative interview conducted by a
93	102		peace officer in relation to the investigation of the alleged
94	103		assault.
95	104		(b-1) The representative provided by the penal institution
96	105		under Subsection (b) must:
97	106		(1) be approved by the penal institution; and
98	107		(2) be a:
99	108		(A) psychologist;
100	109		(B) sociologist;
101	110		(C) chaplain;
102	111		(D) social worker;
103	112		(E) case manager; or
104	113		(F) volunteer who has completed a sexual assault
105	114		training program described by Section 420.011(b), Government Code.
106	115		(d) A representative may not delay or otherwise impede:
107	116		(1) the screening or stabilization of an emergency
108	117		medical condition; or
109	118		(2) the interview process.
110	119		SECTION 7. The following provisions of the Code of Criminal
111	120		Procedure are repealed:
112	121		(1) Articles 15.051(b) and (c); and
113	122		(2) Article 56A.251(b).
114	123		SECTION 8. To the extent of any conflict, this Act prevails
115	124		over another Act of the 87th Legislature, Regular Session, 2021,
116	125		relating to nonsubstantive additions to and corrections in enacted
117	126		codes.
118	127		SECTION 9. This Act takes effect September 1, 2021.
119		-	______________________________ ______________________________
120		-	President of the Senate Speaker of the House
121		-	I certify that H.B. No. 1172 was passed by the House on April
122		-	15, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not
123		-	voting; and that the House concurred in Senate amendments to H.B.
124		-	No. 1172 on May 28, 2021, by the following vote: Yeas 147, Nays 0,
125		-	1 present, not voting.
126		-	______________________________
127		-	Chief Clerk of the House
128		-	I certify that H.B. No. 1172 was passed by the Senate, with
129		-	amendments, on May 22, 2021, by the following vote: Yeas 29, Nays
130		-	1.
131		-	______________________________
132		-	Secretary of the Senate
133		-	APPROVED: __________________
134		-	Date
135		-	__________________
136		-	Governor
	128	+	* * * * *