H.B. No. 1706
AN ACT
relating to a specialty court program to provide victim services in
sexual assault cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Government Code, is amended by adding
Subtitle K-1 to read as follows:
SUBTITLE K-1. SPECIALTY COURTS FOR VICTIM SERVICES
CHAPTER 141. SEXUAL ASSAULT VICTIM SERVICES COURT PROGRAM
Sec. 141.001. SEXUAL ASSAULT VICTIM SERVICES COURT PROGRAM
DEFINED. In this chapter, "sexual assault victim services court
program" means a program that has the following essential
characteristics:
(1) the integration of services provided by public
agencies and community organizations for victims in sexual assault
cases who voluntarily agree to participate in the program;
(2) the use of prosecutors with experience in
prosecuting sexual assault cases and judges with experience in
hearing sexual assault cases;
(3) early identification and prompt assignment of
eligible cases to the court designated under Section 141.002(b);
(4) access for victims participating in the program to
counseling and other related services provided by public agencies
and community organizations;
(5) development of partnerships with public agencies
and community organizations;
(6) monitoring and evaluation of program goals and
effectiveness;
(7) continuing interdisciplinary education to promote
effective program planning, implementation, and operations;
(8) inclusion of a participant's family members who
voluntarily agree to be involved in the services provided to the
participant under the program;
(9) prosecution of sexual assault offenses;
(10) issuance of protective orders for victims on the
victim's consent and as authorized by state law; and
(11) continued monitoring of sexual assault
defendants through prosecution and adjudication and for the
duration of convicted offenders' sentences.
Sec. 141.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
(a) The commissioners court of a county may establish a sexual
assault victim services court program for participants who:
(1) are victims of an alleged sexual assault in which a
person is arrested for or charged with an offense under Chapter 21
or 22, Penal Code, committed against the victim; and
(2) voluntarily agree to participate in the program.
(b) The local administrative district and statutory county
court judges of the county may designate a court in the county for
assignment of cases described by Subsection (a). The judge of the
designated court must have experience hearing sexual assault cases
under Chapter 21 or 22, Penal Code. The prosecuting attorney for
the court must have experience in prosecuting sexual assault
offenses under Chapter 21 or 22, Penal Code.
Sec. 141.003. DUTIES OF SEXUAL ASSAULT VICTIM SERVICES
COURT PROGRAM. (a) A sexual assault victim services court program
established under this chapter must:
(1) ensure that a victim eligible for participation in
the program voluntarily agrees to participate in the program; and
(2) allow a participant to withdraw from the program
at any time.
(b) A sexual assault victim services court program
established under this chapter shall make, establish, and publish
local procedures to ensure maximum participation of eligible
victims in the county.
Sec. 141.004. GIFTS, GRANTS, AND DONATIONS. A county may
accept a gift, grant, donation, or bequest of money, services,
equipment, goods, or other tangible or intangible property from any
source for the sexual assault victim services court program.
SECTION 2. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1706 was passed by the House on April
30, 2021, by the following vote: Yeas 129, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1706 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor