Texas 2023 - 88th Regular

Texas House Bill HB2395 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R20160 AJZ-F
2	2	By: Manuel, Rose, Ordaz, Morales of Harris, H.B. No. 2395
3	3	Johnson of Dallas
4	4	Substitute the following for H.B. No. 2395:
5	5	By: Goodwin C.S.H.B. No. 2395
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the duties of peace officers regarding interactions
11	11	with victims of sexual assault.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subchapter I, Chapter 56A, Code of
14	14	Criminal Procedure, is amended to read as follows:
15	15	SUBCHAPTER I. PEACE OFFICER AND [REQUIRED NOTIFICATIONS BY] LAW
16	16	ENFORCEMENT AGENCY DUTIES; VICTIM NOTIFICATIONS
17	17	SECTION 2. Subchapter I, Chapter 56A, Code of Criminal
18	18	Procedure, is amended by adding Article 56A.403 to read as follows:
19	19	Art. 56A.403. DUTIES OF PEACE OFFICERS REGARDING VICTIMS OF
20	20	SEXUAL ASSAULT. (a) A peace officer who investigates an incident
21	21	involving sexual assault or who responds to a disturbance call that
22	22	may involve sexual assault shall provide to the victim a written
23	23	notice containing information about the rights of crime victims
24	24	under Article 56A.052.
25	25	(b) At the initial contact or at the earliest possible time
26	26	after the initial contact between a sexual assault victim and the
27	27	peace officer responding to the incident or disturbance call about
28	28	the offense, the peace officer shall:
29	29	(1) provide to the victim:
30	30	(A) a written referral to the nearest sexual
31	31	assault program as defined by Section 351.251, Local Government
32	32	Code; and
33	33	(B) information about the statewide electronic
34	34	tracking system established under Section 420.034, Government
35	35	Code;
36	36	(2) offer to request a forensic medical examination on
37	37	behalf of the victim in accordance with Article 56A.251;
38	38	(3) coordinate with the local response team, as
39	39	defined by Section 351.251, Local Government Code, to provide
40	40	continuing care to the victim or to further investigate the
41	41	offense; and
42	42	(4) provide to the victim a written notice containing
43	43	all of the information required by this article.
44	44	(c) Each law enforcement agency shall consult with a local
45	45	sexual assault program or response team, as those terms are defined
46	46	by Section 351.251, Local Government Code, to develop the written
47	47	notice required by Subsection (b). The notice must include the
48	48	information described by Subsection (d) and may be combined with
49	49	the written notice required under Article 56A.401. At least once
50	50	each biennium, the law enforcement agency shall update the notice
51	51	required by Subsection (b).
52	52	(d) The notice required by Subsection (b) must be in English
53	53	and Spanish and include the current contact information for a
54	54	victim assistance coordinator under Article 56A.201 and a crime
55	55	victim liaison under Article 56A.203. The notice is considered
56	56	sufficient if it includes the following statements:
57	57	"NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT"
58	58	"It is a crime for any person to cause you any physical injury
59	59	or harm."
60	60	"Please tell the investigating peace officer if you have been
61	61	injured or if you feel you are going to be in danger when the officer
62	62	leaves or at a later time."
63	63	"You have the right to:
64	64	"(1) obtain a forensic medical examination within 120 hours
65	65	of the assault to collect potential evidence and receive
66	66	preventative medications, even if you decide not to make a report to
67	67	a law enforcement agency;
68	68	"(2) anonymously track or receive updates regarding the
69	69	status and location of each item of evidence collected in your case;
70	70	"(3) have a sexual assault program advocate present during a
71	71	forensic medical examination;
72	72	"(4) have a sexual assault program advocate or other victim's
73	73	representative present during an investigative interview with law
74	74	enforcement;
75	75	"(5) ask the local prosecutor to file a criminal complaint
76	76	against the person who assaulted you; and
77	77	"(6) if a defendant is arrested for a crime against you
78	78	involving certain sexual crimes, stalking, or trafficking:
79	79	"(A) request an order for emergency protection to be
80	80	issued by a magistrate; and
81	81	"(B) apply to a court for a permanent order to protect
82	82	you (you should consult a legal aid office, a prosecuting attorney,
83	83	or a private attorney)."
84	84	"For example, the court can enter an order that prohibits the
85	85	person who assaulted you from:
86	86	"(1) committing further acts of violence;
87	87	"(2) threatening, harassing, or contacting you or a member of
88	88	your family or household; and
89	89	"(3) going near your place of employment or near a child care
90	90	facility or school attended by you or a member of your family or
91	91	household."
92	92	"You cannot be charged a fee by a court in connection with
93	93	filing, serving, or entering a protective order."
94	94	"If you have questions about the status of your case or need
95	95	assistance, you may contact the crime victim liaison (insert name)
96	96	at our agency (law enforcement agency address and victim liaison
97	97	phone number)."
98	98	"If you would like to speak with someone in the prosecuting
99	99	attorney's office, you may reach their victim assistance
100	100	coordinator at (address and phone number)."
101	101	"Call the following sexual assault program or social service
102	102	organization if you need assistance or wish to speak with an
103	103	advocate:
104	104	"
105	105	" ."
106	106	"You may receive a sexual assault forensic medical
107	107	examination at the following location(s):
108	108	"
109	109	" ."
110	110	"To get help from the National Human Trafficking Hotline:
111	111	1-888-373-7888 or text HELP or INFO to BeFree (233733)."
112	112	(e) A sexual assault program may provide a written
113	113	description of the program's services to a law enforcement agency,
114	114	for use in delivering the written referral required by Subsection
115	115	(b).
116	116	SECTION 3. Article 56A.402, Code of Criminal Procedure, is
117	117	repealed.
118	118	SECTION 4. The changes in law made by this Act apply only to
119	119	a sexual assault reported on or after the effective date of this
120	120	Act. A sexual assault reported before the effective date of this
121	121	Act is governed by the law in effect on the date the sexual assault
122	122	was reported, and the former law is continued in effect for that
123	123	purpose.
124	124	SECTION 5. This Act takes effect September 1, 2023.