By: Alvarado S.B. No. 1325
(Goodwin, Thompson of Harris, Sherman, Sr., Raymond, Leach,
et al.)
A BILL TO BE ENTITLED
AN ACT
relating to the notice given to certain victims of family violence,
stalking, harassment, or terroristic threat.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Natalia Cox Act.
SECTION 2. Subtitle E, Title 2, Human Resources Code, is
amended by adding Chapter 51A to read as follows:
CHAPTER 51A. NOTICE TO VICTIMS OF FAMILY VIOLENCE, STALKING,
HARASSMENT, OR TERRORISTIC THREAT
Sec. 51A.001. DEFINITIONS. In this chapter:
(1) "Family" has the meaning assigned by Section
71.003, Family Code.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Harassment" means any conduct that constitutes an
offense under Section 42.07, Penal Code.
(4) "Household" has the meaning assigned by Section
71.005, Family Code.
(5) "Member of a household" has the meaning assigned
by Section 71.006, Family Code.
(6) "Stalking" means any conduct that constitutes an
offense under Section 42.072, Penal Code.
(7) "Terroristic threat" means any conduct that
constitutes an offense under Section 22.07, Penal Code.
Sec. 51A.002. APPLICABILITY TO VICTIMS OF CERTAIN OFFENSES.
This chapter applies to a victim of family violence, stalking,
harassment, or terroristic threat, including:
(1) an adult member of a family or household who is
subjected to an act of family violence;
(2) a member of the household of the adult described by
Subdivision (1), other than the member of the household who commits
the act of family violence; and
(3) a person who is subjected to conduct constituting
stalking, harassment, or terroristic threat.
Sec. 51A.003. NOTICE TO VICTIMS. (a) The commission by
rule shall adopt a written notice to be provided to victims of
family violence, stalking, harassment, or terroristic threat to
assist those victims in obtaining services. The commission shall
use best practices in creating the written notice.
(b) The notice adopted under this section must include the
following in both English and Spanish:
(1) a statement that it is a criminal offense for any
person, including a member of the family or former member of the
family, to cause physical injury or harm to a victim or to engage in
conduct constituting stalking, harassment, or terroristic threat
toward a victim;
(2) a list of agencies and social organizations that
the victim may contact for assistance with safety planning,
shelter, or protection;
(3) contact information for:
(A) the National Domestic Violence Hotline;
(B) victim support services at the Department of
Public Safety; and
(C) the commission's family violence program;
and
(4) information regarding the legal rights of a
victim, including information regarding:
(A) the filing of criminal charges and obtaining
a protective order or a magistrate's order for emergency
protection; and
(B) the ability of a tenant who is a victim of
family violence to vacate a dwelling and terminate a residential
lease.
(c) The notice adopted under this section may include any
other information the commission considers useful to a victim of
family violence, stalking, harassment, or terroristic threat.
(d) The commission shall periodically update the notice
required under this section.
(e) The commission shall make the notice adopted under this
section available on the commission's Internet website in both
English and Spanish.
SECTION 3. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1398 to read as follows:
Art. 2.1398. DUTIES OF PEACE OFFICER INVESTIGATING
STALKING, HARASSMENT, OR TERRORISTIC THREAT. (a) In this article:
(1) "Harassment" means any conduct that constitutes an
offense under Section 42.07, Penal Code.
(2) "Stalking" means any conduct that constitutes an
offense under Section 42.072, Penal Code.
(3) "Terroristic threat" means any conduct that
constitutes an offense under Section 22.07, Penal Code.
(b) A peace officer who investigates an allegation of
stalking, harassment, or terroristic threat shall advise any
possible adult victim of all reasonable means to prevent the
occurrence of further offenses, including by providing the written
notice adopted by the Health and Human Services Commission under
Section 51A.003, Human Resources Code. In addition to the required
notice under this subsection, a peace officer may provide to the
possible victim any available written information regarding local
resources for victims of stalking, harassment, or terroristic
threat.
SECTION 4. Article 5.04(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A peace officer who investigates a family violence
allegation or who responds to a disturbance call that may involve
family violence shall advise any possible adult victim of all
reasonable means to prevent further family violence, including by
providing the [giving] written notice adopted by the Health and
Human Services Commission under Section 51A.003, Human Resources
Code [of a victim's legal rights and remedies and of the
availability of shelter or other community services for family
violence victims]. In addition to the required notice under this
subsection, a peace officer may provide to the possible victim any
available written information regarding local resources for
victims of family violence.
SECTION 5. Subchapter E-3, Chapter 51, Education Code, is
amended by adding Section 51.2825 to read as follows:
Sec. 51.2825. CERTAIN DUTIES OF CAMPUS PEACE OFFICER
INVESTIGATING FAMILY VIOLENCE, STALKING, HARASSMENT, OR
TERRORISTIC THREAT. (a) In this section:
(1) "Campus peace officer" means a peace officer
commissioned under Section 51.203 or 51.212.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Harassment" means any conduct that constitutes an
offense under Section 42.07, Penal Code.
(4) "Stalking" means any conduct that constitutes an
offense under Section 42.072, Penal Code.
(5) "Terroristic threat" means any conduct that
constitutes an offense under Section 22.07, Penal Code.
(b) A campus peace officer who responds to a disturbance
call that may involve family violence or investigates an allegation
of family violence, stalking, harassment, or terroristic threat
shall advise any possible adult victim of all reasonable means to
prevent the occurrence of further offenses, including by providing
the written notice adopted by the Health and Human Services
Commission under Section 51A.003, Human Resources Code. In
addition to the required notice under this subsection, a campus
peace officer shall provide to the possible victim any available
written information regarding campus and local resources for
victims of family violence, stalking, harassment, or terroristic
threat.
SECTION 6. Section 91.003, Family Code, is amended to read
as follows:
Sec. 91.003. INFORMATION PROVIDED BY MEDICAL
PROFESSIONALS. A medical professional who treats a person for
injuries that the medical professional has reason to believe were
caused by family violence shall:
(1) immediately provide the person with information
regarding the nearest family violence shelter center;
(2) document in the person's medical file:
(A) the fact that the person has received the
information provided under Subdivision (1); and
(B) the reasons for the medical professional's
belief that the person's injuries were caused by family violence;
and
(3) give the person the [a] written notice adopted by
the Health and Human Services Commission under Section 51A.003,
Human Resources Code [in substantially the following form,
completed with the required information, in both English and
Spanish:
["It is a crime for any person to cause you any physical injury or
harm even if that person is a member or former member of your family
or household].
["NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
["You may report family violence to a law enforcement officer by
calling the following telephone numbers:
_____________________________.
["If you, your child, or any other household resident has been
injured or if you feel you are going to be in danger after a law
enforcement officer investigating family violence leaves your
residence or at a later time, you have the right to:
["Ask the local prosecutor to file a criminal complaint
against the person committing family violence; and
["Apply to a court for an order to protect you. You may want
to consult with a legal aid office, a prosecuting attorney, or a
private attorney. A court can enter an order that:
["(1) prohibits the abuser from committing further
acts of violence;
["(2) prohibits the abuser from threatening,
harassing, or contacting you at home;
["(3) directs the abuser to leave your household; and
["(4) establishes temporary custody of the children or
any property.
["A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY
BE A FELONY.
["CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF
YOU NEED PROTECTION: _____________________________."]
SECTION 7. Article 5.04(c), Code of Criminal Procedure, is
repealed.
SECTION 8. Not later than December 1, 2023, the Health and
Human Services Commission shall adopt and make available the notice
required by Chapter 51A, Human Resources Code, as added by this Act.
SECTION 9. Article 2.1398, Code of Criminal Procedure, as
added by this Act, Article 5.04, Code of Criminal Procedure, as
amended by this Act, and Section 51.2825, Education Code, as added
by this Act, apply only to a peace officer's or campus peace
officer's investigation or response that occurs on or after January
1, 2024. An investigation or response that occurs before January 1,
2024, is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 10. Section 91.003, Family Code, as amended by this
Act, applies only to medical treatment provided on or after January
1, 2024. Medical treatment provided before January 1, 2024, is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.