87R10597 JSC-D
By: Landgraf H.B. No. 4175
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of strangulation,
rehabilitation of offenders and services for victims of
strangulation, and procedures for law enforcement responding to a
call alleging strangulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as "Dianna's Law."
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.33 to read as follows:
Art. 2.33. PROCEDURES FOR RESPONDING TO CALLS INVOLVING
ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In this article:
(1) "Emergency medical services personnel" has the
meaning assigned by Section 773.003, Health and Safety Code.
(2) "Strangulation" means impeding the normal
breathing or circulation of the blood of a person by applying
pressure to the person's throat or neck or by blocking the person's
nose or mouth.
(b) A peace officer who responds to a call for service that
involves an alleged or suspected act of strangulation shall:
(1) request assistance from emergency medical
services personnel to evaluate and render aid to the victim of
strangulation;
(2) request assistance from a licensed clinical social
worker to assess the situation at the scene; and
(3) provide the victim with referral information to
the appropriate support agency for purposes of receiving additional
assistance.
(c) Notwithstanding any other law, a peace officer or
licensed clinical social worker summoned to the scene may file an
application on behalf of the victim for:
(1) a protective order under Title 4, Family Code, or
Chapter 7B of this code; or
(2) a magistrate's order for emergency protection
under Article 17.292 of this code.
SECTION 3. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0132 to read as follows:
Art. 42.0132. FINDING OF STRANGULATION. (a) In this
article, "strangulation" has the meaning assigned by Article 2.33.
(b) In the trial of an offense under Title 5, Penal Code, if
the court determines that the offense involved strangulation, the
court shall make an affirmative finding of that fact and enter the
affirmative finding in the judgment of the case.
SECTION 4. Article 42A.504, Code of Criminal Procedure, is
amended by adding Subsection (c-1) to read as follows:
(c-1) If the court grants community supervision to a
defendant convicted of an offense for which the court has made
affirmative findings under both Articles 42.013 and 42.0132, the
court shall require the defendant to participate in one or more of
the following to prevent recidivism:
(1) a battering intervention and prevention program or
counseling with a provider of battering intervention and prevention
services if the program or provider has been accredited under
Section 4A, Article 42.141, as conforming to program guidelines
under that article;
(2) counseling sessions for the elimination of violent
behavior with a licensed counselor, social worker, or other
professional who has completed family violence intervention
training that the community justice assistance division of the
Texas Department of Criminal Justice has approved, after
consultation with the licensing authorities described by Chapters
152, 501, 502, 503, and 505, Occupations Code, and experts in the
field of family violence;
(3) treatment for substance abuse or chemical
dependency in a program or facility approved or licensed by the
Department of State Health Services; or
(4) outpatient or inpatient mental health treatment
under Article 42A.506.
SECTION 5. Subtitle B, Title 2, Health and Safety Code, is
amended by adding Chapter 53 to read as follows:
CHAPTER 53. TASK FORCE ON FAMILY VIOLENCE
Sec. 53.0001. DEFINITION. In this chapter, "task force"
means the task force on family violence.
Sec. 53.0002. ESTABLISHMENT; PRESIDING OFFICER. (a) The
task force is composed of seven members appointed by the executive
commissioner.
(b) The executive commissioner shall appoint a task force
member to serve as presiding officer of the task force.
Sec. 53.0003. DUTIES OF TASK FORCE. The task force shall
meet at the call of the presiding officer to:
(1) examine best practices for rehabilitation of
family violence offenders to prevent recidivism;
(2) examine best practices for supporting victims of
family violence with:
(A) counseling and other mental health services;
(B) financial, educational, and professional
development resources to support independence from a family
violence offender; and
(C) assistance through the legal process; and
(3) create recommendations for policies that state
agencies and private entities may adopt to assist victims of family
violence.
Sec. 53.0004. REPORT. Not later than September 1 of each
even-numbered year, the task force shall submit to the governor,
the lieutenant governor, the speaker of the house of
representatives, the presiding officers of the standing committees
of the legislature having primary jurisdiction over health and
human services, the executive commissioner, and the commissioner a
report containing:
(1) the findings and the legislative, policy, and
research recommendations of the task force; and
(2) a description of the activities of the task force.
SECTION 6. Section 19.02, Penal Code, is amended by adding
Subsection (e) to read as follows:
(e) It is a rebuttable presumption that the actor intends to
cause the death of an individual if the actor causes serious bodily
injury to the individual by impeding the normal breathing or
circulation of the blood of the individual by applying pressure to
the individual's throat or neck or by blocking the person's nose or
mouth.
SECTION 7. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 8. Not later than January 1, 2022, the executive
commissioner of the Health and Human Services Commission shall
appoint the members to the task force on family violence as required
by Section 53.0002, Health and Safety Code, as added by this Act.
SECTION 9. This Act takes effect September 1, 2021.