Texas 2023 - 88th Regular

Texas Senate Bill SB1325 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	S.B. No. 1325
2	2
3	3
4	4	AN ACT
5	5	relating to the notice given to certain victims of family violence,
6	6	stalking, harassment, or terroristic threat.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. This Act shall be known as the Natalia Cox Act.
9	9	SECTION 2. Subtitle E, Title 2, Human Resources Code, is
10	10	amended by adding Chapter 51A to read as follows:
11	11	CHAPTER 51A. NOTICE TO VICTIMS OF FAMILY VIOLENCE, STALKING,
12	12	HARASSMENT, OR TERRORISTIC THREAT
13	13	Sec. 51A.001. DEFINITIONS. In this chapter:
14	14	(1) "Family" has the meaning assigned by Section
15	15	71.003, Family Code.
16	16	(2) "Family violence" has the meaning assigned by
17	17	Section 71.004, Family Code.
18	18	(3) "Harassment" means any conduct that constitutes an
19	19	offense under Section 42.07, Penal Code.
20	20	(4) "Household" has the meaning assigned by Section
21	21	71.005, Family Code.
22	22	(5) "Member of a household" has the meaning assigned
23	23	by Section 71.006, Family Code.
24	24	(6) "Stalking" means any conduct that constitutes an
25	25	offense under Section 42.072, Penal Code.
26	26	(7) "Terroristic threat" means any conduct that
27	27	constitutes an offense under Section 22.07, Penal Code.
28	28	Sec. 51A.002. APPLICABILITY TO VICTIMS OF CERTAIN OFFENSES.
29	29	This chapter applies to a victim of family violence, stalking,
30	30	harassment, or terroristic threat, including:
31	31	(1) an adult member of a family or household who is
32	32	subjected to an act of family violence;
33	33	(2) a member of the household of the adult described by
34	34	Subdivision (1), other than the member of the household who commits
35	35	the act of family violence; and
36	36	(3) a person who is subjected to conduct constituting
37	37	stalking, harassment, or terroristic threat.
38	38	Sec. 51A.003. NOTICE TO VICTIMS. (a) The commission by
39	39	rule shall adopt a written notice to be provided to victims of
40	40	family violence, stalking, harassment, or terroristic threat to
41	41	assist those victims in obtaining services. The commission shall
42	42	use best practices in creating the written notice.
43	43	(b) The notice adopted under this section must include the
44	44	following in both English and Spanish:
45	45	(1) a statement that it is a criminal offense for any
46	46	person, including a member of the family or former member of the
47	47	family, to cause physical injury or harm to a victim or to engage in
48	48	conduct constituting stalking, harassment, or terroristic threat
49	49	toward a victim;
50	50	(2) a list of agencies and social organizations that
51	51	the victim may contact for assistance with safety planning,
52	52	shelter, or protection;
53	53	(3) contact information for:
54	54	(A) the National Domestic Violence Hotline;
55	55	(B) victim support services at the Department of
56	56	Public Safety; and
57	57	(C) the commission's family violence program;
58	58	and
59	59	(4) information regarding the legal rights of a
60	60	victim, including information regarding:
61	61	(A) the filing of criminal charges and obtaining
62	62	a protective order or a magistrate's order for emergency
63	63	protection; and
64	64	(B) the ability of a tenant who is a victim of
65	65	family violence to vacate a dwelling and terminate a residential
66	66	lease.
67	67	(c) The notice adopted under this section may include any
68	68	other information the commission considers useful to a victim of
69	69	family violence, stalking, harassment, or terroristic threat.
70	70	(d) The commission shall periodically update the notice
71	71	required under this section.
72	72	(e) The commission shall make the notice adopted under this
73	73	section available on the commission's Internet website in both
74	74	English and Spanish.
75	75	SECTION 3. Chapter 2, Code of Criminal Procedure, is
76	76	amended by adding Article 2.1398 to read as follows:
77	77	Art. 2.1398. DUTIES OF PEACE OFFICER INVESTIGATING
78	78	STALKING, HARASSMENT, OR TERRORISTIC THREAT. (a) In this article:
79	79	(1) "Harassment" means any conduct that constitutes an
80	80	offense under Section 42.07, Penal Code.
81	81	(2) "Stalking" means any conduct that constitutes an
82	82	offense under Section 42.072, Penal Code.
83	83	(3) "Terroristic threat" means any conduct that
84	84	constitutes an offense under Section 22.07, Penal Code.
85	85	(b) A peace officer who investigates an allegation of
86	86	stalking, harassment, or terroristic threat shall advise any
87	87	possible adult victim of all reasonable means to prevent the
88	88	occurrence of further offenses, including by providing the written
89	89	notice adopted by the Health and Human Services Commission under
90	90	Section 51A.003, Human Resources Code. In addition to the required
91	91	notice under this subsection, a peace officer may provide to the
92	92	possible victim any available written information regarding local
93	93	resources for victims of stalking, harassment, or terroristic
94	94	threat.
95	95	SECTION 4. Article 5.04(b), Code of Criminal Procedure, is
96	96	amended to read as follows:
97	97	(b) A peace officer who investigates a family violence
98	98	allegation or who responds to a disturbance call that may involve
99	99	family violence shall advise any possible adult victim of all
100	100	reasonable means to prevent further family violence, including by
101	101	providing the [giving] written notice adopted by the Health and
102	102	Human Services Commission under Section 51A.003, Human Resources
103	103	Code [of a victim's legal rights and remedies and of the
104	104	availability of shelter or other community services for family
105	105	violence victims]. In addition to the required notice under this
106	106	subsection, a peace officer may provide to the possible victim any
107	107	available written information regarding local resources for
108	108	victims of family violence.
109	109	SECTION 5. Subchapter E-3, Chapter 51, Education Code, is
110	110	amended by adding Section 51.2825 to read as follows:
111	111	Sec. 51.2825. CERTAIN DUTIES OF CAMPUS PEACE OFFICER
112	112	INVESTIGATING FAMILY VIOLENCE, STALKING, HARASSMENT, OR
113	113	TERRORISTIC THREAT. (a) In this section:
114	114	(1) "Campus peace officer" means a peace officer
115	115	commissioned under Section 51.203 or 51.212.
116	116	(2) "Family violence" has the meaning assigned by
117	117	Section 71.004, Family Code.
118	118	(3) "Harassment" means any conduct that constitutes an
119	119	offense under Section 42.07, Penal Code.
120	120	(4) "Stalking" means any conduct that constitutes an
121	121	offense under Section 42.072, Penal Code.
122	122	(5) "Terroristic threat" means any conduct that
123	123	constitutes an offense under Section 22.07, Penal Code.
124	124	(b) A campus peace officer who responds to a disturbance
125	125	call that may involve family violence or investigates an allegation
126	126	of family violence, stalking, harassment, or terroristic threat
127	127	shall advise any possible adult victim of all reasonable means to
128	128	prevent the occurrence of further offenses, including by providing
129	129	the written notice adopted by the Health and Human Services
130	130	Commission under Section 51A.003, Human Resources Code. In
131	131	addition to the required notice under this subsection, a campus
132	132	peace officer shall provide to the possible victim any available
133	133	written information regarding campus and local resources for
134	134	victims of family violence, stalking, harassment, or terroristic
135	135	threat.
136	136	SECTION 6. Section 91.003, Family Code, is amended to read
137	137	as follows:
138	138	Sec. 91.003. INFORMATION PROVIDED BY MEDICAL
139	139	PROFESSIONALS. A medical professional who treats a person for
140	140	injuries that the medical professional has reason to believe were
141	141	caused by family violence shall:
142	142	(1) immediately provide the person with information
143	143	regarding the nearest family violence shelter center;
144	144	(2) document in the person's medical file:
145	145	(A) the fact that the person has received the
146	146	information provided under Subdivision (1); and
147	147	(B) the reasons for the medical professional's
148	148	belief that the person's injuries were caused by family violence;
149	149	and
150	150	(3) give the person the [a] written notice adopted by
151	151	the Health and Human Services Commission under Section 51A.003,
152	152	Human Resources Code [in substantially the following form,
153	153	completed with the required information, in both English and
154	154	Spanish:
155	155	["It is a crime for any person to cause you any physical injury or
156	156	harm even if that person is a member or former member of your family
157	157	or household].
158	158	["NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
159	159	["You may report family violence to a law enforcement officer by
160	160	calling the following telephone numbers:
161	161	_____________________________.
162	162	["If you, your child, or any other household resident has been
163	163	injured or if you feel you are going to be in danger after a law
164	164	enforcement officer investigating family violence leaves your
165	165	residence or at a later time, you have the right to:
166	166	["Ask the local prosecutor to file a criminal complaint
167	167	against the person committing family violence; and
168	168	["Apply to a court for an order to protect you. You may want
169	169	to consult with a legal aid office, a prosecuting attorney, or a
170	170	private attorney. A court can enter an order that:
171	171	["(1) prohibits the abuser from committing further
172	172	acts of violence;
173	173	["(2) prohibits the abuser from threatening,
174	174	harassing, or contacting you at home;
175	175	["(3) directs the abuser to leave your household; and
176	176	["(4) establishes temporary custody of the children or
177	177	any property.
178	178	["A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY
179	179	BE A FELONY.
180	180	["CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF
181	181	YOU NEED PROTECTION: _____________________________."]
182	182	SECTION 7. Article 5.04(c), Code of Criminal Procedure, is
183	183	repealed.
184	184	SECTION 8. Not later than December 1, 2023, the Health and
185	185	Human Services Commission shall adopt and make available the notice
186	186	required by Chapter 51A, Human Resources Code, as added by this Act.
187	187	SECTION 9. Article 2.1398, Code of Criminal Procedure, as
188	188	added by this Act, Article 5.04, Code of Criminal Procedure, as
189	189	amended by this Act, and Section 51.2825, Education Code, as added
190	190	by this Act, apply only to a peace officer's or campus peace
191	191	officer's investigation or response that occurs on or after January
192	192	1, 2024. An investigation or response that occurs before January 1,
193	193	2024, is governed by the law in effect immediately before the
194	194	effective date of this Act, and the former law is continued in
195	195	effect for that purpose.
196	196	SECTION 10. Section 91.003, Family Code, as amended by this
197	197	Act, applies only to medical treatment provided on or after January
198	198	1, 2024. Medical treatment provided before January 1, 2024, is
199	199	governed by the law in effect immediately before the effective date
200	200	of this Act, and the former law is continued in effect for that
201	201	purpose.
202	202	SECTION 11. This Act takes effect immediately if it
203	203	receives a vote of two-thirds of all the members elected to each
204	204	house, as provided by Section 39, Article III, Texas Constitution.
205	205	If this Act does not receive the vote necessary for immediate
206	206	effect, this Act takes effect September 1, 2023.
207	207	______________________________ ______________________________
208	208	President of the Senate Speaker of the House
209	209	I hereby certify that S.B. No. 1325 passed the Senate on
210	210	April 12, 2023, by the following vote: Yeas 29, Nays 2.
211	211	______________________________
212	212	Secretary of the Senate
213	213	I hereby certify that S.B. No. 1325 passed the House on
214	214	April 28, 2023, by the following vote: Yeas 138, Nays 6,
215	215	two present not voting.
216	216	______________________________
217	217	Chief Clerk of the House
218	218	Approved:
219	219	______________________________
220	220	Date
221	221	______________________________
222	222	Governor