Texas 2021 - 87th Regular

Texas House Bill HB1706 Compare Versions

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1-H.B. No. 1706
1+By: Neave, et al. (Senate Sponsor - Huffman) H.B. No. 1706
2+ (In the Senate - Received from the House May 3, 2021;
3+ May 10, 2021, read first time and referred to Committee on
4+ Jurisprudence; May 21, 2021, reported favorably by the following
5+ vote: Yeas 5, Nays 0; May 21, 2021, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to a specialty court program to provide victim services in
612 sexual assault cases.
713 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
814 SECTION 1. Title 2, Government Code, is amended by adding
915 Subtitle K-1 to read as follows:
1016 SUBTITLE K-1. SPECIALTY COURTS FOR VICTIM SERVICES
1117 CHAPTER 141. SEXUAL ASSAULT VICTIM SERVICES COURT PROGRAM
1218 Sec. 141.001. SEXUAL ASSAULT VICTIM SERVICES COURT PROGRAM
1319 DEFINED. In this chapter, "sexual assault victim services court
1420 program" means a program that has the following essential
1521 characteristics:
1622 (1) the integration of services provided by public
1723 agencies and community organizations for victims in sexual assault
1824 cases who voluntarily agree to participate in the program;
1925 (2) the use of prosecutors with experience in
2026 prosecuting sexual assault cases and judges with experience in
2127 hearing sexual assault cases;
2228 (3) early identification and prompt assignment of
2329 eligible cases to the court designated under Section 141.002(b);
2430 (4) access for victims participating in the program to
2531 counseling and other related services provided by public agencies
2632 and community organizations;
2733 (5) development of partnerships with public agencies
2834 and community organizations;
2935 (6) monitoring and evaluation of program goals and
3036 effectiveness;
3137 (7) continuing interdisciplinary education to promote
3238 effective program planning, implementation, and operations;
3339 (8) inclusion of a participant's family members who
3440 voluntarily agree to be involved in the services provided to the
3541 participant under the program;
3642 (9) prosecution of sexual assault offenses;
3743 (10) issuance of protective orders for victims on the
3844 victim's consent and as authorized by state law; and
3945 (11) continued monitoring of sexual assault
4046 defendants through prosecution and adjudication and for the
4147 duration of convicted offenders' sentences.
4248 Sec. 141.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
4349 (a) The commissioners court of a county may establish a sexual
4450 assault victim services court program for participants who:
4551 (1) are victims of an alleged sexual assault in which a
4652 person is arrested for or charged with an offense under Chapter 21
4753 or 22, Penal Code, committed against the victim; and
4854 (2) voluntarily agree to participate in the program.
4955 (b) The local administrative district and statutory county
5056 court judges of the county may designate a court in the county for
5157 assignment of cases described by Subsection (a). The judge of the
5258 designated court must have experience hearing sexual assault cases
5359 under Chapter 21 or 22, Penal Code. The prosecuting attorney for
5460 the court must have experience in prosecuting sexual assault
5561 offenses under Chapter 21 or 22, Penal Code.
5662 Sec. 141.003. DUTIES OF SEXUAL ASSAULT VICTIM SERVICES
5763 COURT PROGRAM. (a) A sexual assault victim services court program
5864 established under this chapter must:
5965 (1) ensure that a victim eligible for participation in
6066 the program voluntarily agrees to participate in the program; and
6167 (2) allow a participant to withdraw from the program
6268 at any time.
6369 (b) A sexual assault victim services court program
6470 established under this chapter shall make, establish, and publish
6571 local procedures to ensure maximum participation of eligible
6672 victims in the county.
6773 Sec. 141.004. GIFTS, GRANTS, AND DONATIONS. A county may
6874 accept a gift, grant, donation, or bequest of money, services,
6975 equipment, goods, or other tangible or intangible property from any
7076 source for the sexual assault victim services court program.
7177 SECTION 2. This Act takes effect September 1, 2021.
72- ______________________________ ______________________________
73- President of the Senate Speaker of the House
74- I certify that H.B. No. 1706 was passed by the House on April
75- 30, 2021, by the following vote: Yeas 129, Nays 0, 1 present, not
76- voting.
77- ______________________________
78- Chief Clerk of the House
79- I certify that H.B. No. 1706 was passed by the Senate on May
80- 27, 2021, by the following vote: Yeas 31, Nays 0.
81- ______________________________
82- Secretary of the Senate
83- APPROVED: _____________________
84- Date
85- _____________________
86- Governor
78+ * * * * *