Texas 2021 - 87th Regular

Texas House Bill HB4175 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10597 JSC-D
2	2	By: Landgraf H.B. No. 4175
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution and punishment of strangulation,
8	8	rehabilitation of offenders and services for victims of
9	9	strangulation, and procedures for law enforcement responding to a
10	10	call alleging strangulation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act shall be known as "Dianna's Law."
13	13	SECTION 2. Chapter 2, Code of Criminal Procedure, is
14	14	amended by adding Article 2.33 to read as follows:
15	15	Art. 2.33. PROCEDURES FOR RESPONDING TO CALLS INVOLVING
16	16	ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In this article:
17	17	(1) "Emergency medical services personnel" has the
18	18	meaning assigned by Section 773.003, Health and Safety Code.
19	19	(2) "Strangulation" means impeding the normal
20	20	breathing or circulation of the blood of a person by applying
21	21	pressure to the person's throat or neck or by blocking the person's
22	22	nose or mouth.
23	23	(b) A peace officer who responds to a call for service that
24	24	involves an alleged or suspected act of strangulation shall:
25	25	(1) request assistance from emergency medical
26	26	services personnel to evaluate and render aid to the victim of
27	27	strangulation;
28	28	(2) request assistance from a licensed clinical social
29	29	worker to assess the situation at the scene; and
30	30	(3) provide the victim with referral information to
31	31	the appropriate support agency for purposes of receiving additional
32	32	assistance.
33	33	(c) Notwithstanding any other law, a peace officer or
34	34	licensed clinical social worker summoned to the scene may file an
35	35	application on behalf of the victim for:
36	36	(1) a protective order under Title 4, Family Code, or
37	37	Chapter 7B of this code; or
38	38	(2) a magistrate's order for emergency protection
39	39	under Article 17.292 of this code.
40	40	SECTION 3. Chapter 42, Code of Criminal Procedure, is
41	41	amended by adding Article 42.0132 to read as follows:
42	42	Art. 42.0132. FINDING OF STRANGULATION. (a) In this
43	43	article, "strangulation" has the meaning assigned by Article 2.33.
44	44	(b) In the trial of an offense under Title 5, Penal Code, if
45	45	the court determines that the offense involved strangulation, the
46	46	court shall make an affirmative finding of that fact and enter the
47	47	affirmative finding in the judgment of the case.
48	48	SECTION 4. Article 42A.504, Code of Criminal Procedure, is
49	49	amended by adding Subsection (c-1) to read as follows:
50	50	(c-1) If the court grants community supervision to a
51	51	defendant convicted of an offense for which the court has made
52	52	affirmative findings under both Articles 42.013 and 42.0132, the
53	53	court shall require the defendant to participate in one or more of
54	54	the following to prevent recidivism:
55	55	(1) a battering intervention and prevention program or
56	56	counseling with a provider of battering intervention and prevention
57	57	services if the program or provider has been accredited under
58	58	Section 4A, Article 42.141, as conforming to program guidelines
59	59	under that article;
60	60	(2) counseling sessions for the elimination of violent
61	61	behavior with a licensed counselor, social worker, or other
62	62	professional who has completed family violence intervention
63	63	training that the community justice assistance division of the
64	64	Texas Department of Criminal Justice has approved, after
65	65	consultation with the licensing authorities described by Chapters
66	66	152, 501, 502, 503, and 505, Occupations Code, and experts in the
67	67	field of family violence;
68	68	(3) treatment for substance abuse or chemical
69	69	dependency in a program or facility approved or licensed by the
70	70	Department of State Health Services; or
71	71	(4) outpatient or inpatient mental health treatment
72	72	under Article 42A.506.
73	73	SECTION 5. Subtitle B, Title 2, Health and Safety Code, is
74	74	amended by adding Chapter 53 to read as follows:
75	75	CHAPTER 53. TASK FORCE ON FAMILY VIOLENCE
76	76	Sec. 53.0001. DEFINITION. In this chapter, "task force"
77	77	means the task force on family violence.
78	78	Sec. 53.0002. ESTABLISHMENT; PRESIDING OFFICER. (a) The
79	79	task force is composed of seven members appointed by the executive
80	80	commissioner.
81	81	(b) The executive commissioner shall appoint a task force
82	82	member to serve as presiding officer of the task force.
83	83	Sec. 53.0003. DUTIES OF TASK FORCE. The task force shall
84	84	meet at the call of the presiding officer to:
85	85	(1) examine best practices for rehabilitation of
86	86	family violence offenders to prevent recidivism;
87	87	(2) examine best practices for supporting victims of
88	88	family violence with:
89	89	(A) counseling and other mental health services;
90	90	(B) financial, educational, and professional
91	91	development resources to support independence from a family
92	92	violence offender; and
93	93	(C) assistance through the legal process; and
94	94	(3) create recommendations for policies that state
95	95	agencies and private entities may adopt to assist victims of family
96	96	violence.
97	97	Sec. 53.0004. REPORT. Not later than September 1 of each
98	98	even-numbered year, the task force shall submit to the governor,
99	99	the lieutenant governor, the speaker of the house of
100	100	representatives, the presiding officers of the standing committees
101	101	of the legislature having primary jurisdiction over health and
102	102	human services, the executive commissioner, and the commissioner a
103	103	report containing:
104	104	(1) the findings and the legislative, policy, and
105	105	research recommendations of the task force; and
106	106	(2) a description of the activities of the task force.
107	107	SECTION 6. Section 19.02, Penal Code, is amended by adding
108	108	Subsection (e) to read as follows:
109	109	(e) It is a rebuttable presumption that the actor intends to
110	110	cause the death of an individual if the actor causes serious bodily
111	111	injury to the individual by impeding the normal breathing or
112	112	circulation of the blood of the individual by applying pressure to
113	113	the individual's throat or neck or by blocking the person's nose or
114	114	mouth.
115	115	SECTION 7. The changes in law made by this Act apply only to
116	116	an offense committed on or after the effective date of this Act. An
117	117	offense committed before the effective date of this Act is governed
118	118	by the law in effect on the date the offense was committed, and the
119	119	former law is continued in effect for that purpose. For purposes of
120	120	this section, an offense was committed before the effective date of
121	121	this Act if any element of the offense occurred before that date.
122	122	SECTION 8. Not later than January 1, 2022, the executive
123	123	commissioner of the Health and Human Services Commission shall
124	124	appoint the members to the task force on family violence as required
125	125	by Section 53.0002, Health and Safety Code, as added by this Act.
126	126	SECTION 9. This Act takes effect September 1, 2021.