4 | 10 | | AN ACT |
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5 | 11 | | relating to a specialty court program to provide victim services in |
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6 | 12 | | sexual assault cases. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Title 2, Government Code, is amended by adding |
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9 | 15 | | Subtitle K-1 to read as follows: |
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10 | 16 | | SUBTITLE K-1. SPECIALTY COURTS FOR VICTIM SERVICES |
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11 | 17 | | CHAPTER 141. SEXUAL ASSAULT VICTIM SERVICES COURT PROGRAM |
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12 | 18 | | Sec. 141.001. SEXUAL ASSAULT VICTIM SERVICES COURT PROGRAM |
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13 | 19 | | DEFINED. In this chapter, "sexual assault victim services court |
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14 | 20 | | program" means a program that has the following essential |
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15 | 21 | | characteristics: |
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16 | 22 | | (1) the integration of services provided by public |
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17 | 23 | | agencies and community organizations for victims in sexual assault |
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18 | 24 | | cases who voluntarily agree to participate in the program; |
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19 | 25 | | (2) the use of prosecutors with experience in |
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20 | 26 | | prosecuting sexual assault cases and judges with experience in |
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21 | 27 | | hearing sexual assault cases; |
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22 | 28 | | (3) early identification and prompt assignment of |
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23 | 29 | | eligible cases to the court designated under Section 141.002(b); |
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24 | 30 | | (4) access for victims participating in the program to |
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25 | 31 | | counseling and other related services provided by public agencies |
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26 | 32 | | and community organizations; |
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27 | 33 | | (5) development of partnerships with public agencies |
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28 | 34 | | and community organizations; |
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29 | 35 | | (6) monitoring and evaluation of program goals and |
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30 | 36 | | effectiveness; |
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31 | 37 | | (7) continuing interdisciplinary education to promote |
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32 | 38 | | effective program planning, implementation, and operations; |
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33 | 39 | | (8) inclusion of a participant's family members who |
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34 | 40 | | voluntarily agree to be involved in the services provided to the |
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35 | 41 | | participant under the program; |
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36 | 42 | | (9) prosecution of sexual assault offenses; |
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37 | 43 | | (10) issuance of protective orders for victims on the |
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38 | 44 | | victim's consent and as authorized by state law; and |
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39 | 45 | | (11) continued monitoring of sexual assault |
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40 | 46 | | defendants through prosecution and adjudication and for the |
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41 | 47 | | duration of convicted offenders' sentences. |
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42 | 48 | | Sec. 141.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
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43 | 49 | | (a) The commissioners court of a county may establish a sexual |
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44 | 50 | | assault victim services court program for participants who: |
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45 | 51 | | (1) are victims of an alleged sexual assault in which a |
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46 | 52 | | person is arrested for or charged with an offense under Chapter 21 |
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47 | 53 | | or 22, Penal Code, committed against the victim; and |
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48 | 54 | | (2) voluntarily agree to participate in the program. |
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49 | 55 | | (b) The local administrative district and statutory county |
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50 | 56 | | court judges of the county may designate a court in the county for |
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51 | 57 | | assignment of cases described by Subsection (a). The judge of the |
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52 | 58 | | designated court must have experience hearing sexual assault cases |
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53 | 59 | | under Chapter 21 or 22, Penal Code. The prosecuting attorney for |
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54 | 60 | | the court must have experience in prosecuting sexual assault |
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55 | 61 | | offenses under Chapter 21 or 22, Penal Code. |
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56 | 62 | | Sec. 141.003. DUTIES OF SEXUAL ASSAULT VICTIM SERVICES |
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57 | 63 | | COURT PROGRAM. (a) A sexual assault victim services court program |
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58 | 64 | | established under this chapter must: |
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59 | 65 | | (1) ensure that a victim eligible for participation in |
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60 | 66 | | the program voluntarily agrees to participate in the program; and |
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61 | 67 | | (2) allow a participant to withdraw from the program |
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62 | 68 | | at any time. |
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63 | 69 | | (b) A sexual assault victim services court program |
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64 | 70 | | established under this chapter shall make, establish, and publish |
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65 | 71 | | local procedures to ensure maximum participation of eligible |
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66 | 72 | | victims in the county. |
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67 | 73 | | Sec. 141.004. GIFTS, GRANTS, AND DONATIONS. A county may |
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68 | 74 | | accept a gift, grant, donation, or bequest of money, services, |
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69 | 75 | | equipment, goods, or other tangible or intangible property from any |
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70 | 76 | | source for the sexual assault victim services court program. |
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71 | 77 | | SECTION 2. This Act takes effect September 1, 2021. |
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