Texas 2023 - 88th Regular

Texas Senate Bill SB806 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	S.B. No. 806
2	2
3	3
4	4	AN ACT
5	5	relating to the duties of peace officers regarding interactions
6	6	with victims of sexual assault.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Subchapter I, Chapter 56A, Code of
9	9	Criminal Procedure, is amended to read as follows:
10	10	SUBCHAPTER I. PEACE OFFICER AND [REQUIRED NOTIFICATIONS BY] LAW
11	11	ENFORCEMENT AGENCY DUTIES; VICTIM NOTIFICATIONS
12	12	SECTION 2. Subchapter I, Chapter 56A, Code of Criminal
13	13	Procedure, is amended by adding Article 56A.403 to read as follows:
14	14	Art. 56A.403. DUTIES OF PEACE OFFICERS REGARDING VICTIMS OF
15	15	SEXUAL ASSAULT. (a) A peace officer who investigates an incident
16	16	involving sexual assault or who responds to a disturbance call that
17	17	may involve sexual assault shall provide to the victim a written
18	18	notice containing information about the rights of crime victims
19	19	under Article 56A.052.
20	20	(b) At the initial contact or at the earliest possible time
21	21	after the initial contact between a sexual assault victim and the
22	22	peace officer responding to the incident or disturbance call about
23	23	the offense, the peace officer shall:
24	24	(1) provide to the victim:
25	25	(A) a written referral to the nearest sexual
26	26	assault program as defined by Section 351.251, Local Government
27	27	Code; and
28	28	(B) information about the statewide electronic
29	29	tracking system established under Section 420.034, Government
30	30	Code;
31	31	(2) offer to request a forensic medical examination on
32	32	behalf of the victim in accordance with Article 56A.251;
33	33	(3) coordinate with the local response team, as
34	34	defined by Section 351.251, Local Government Code, to provide
35	35	continuing care to the victim or to further investigate the
36	36	offense; and
37	37	(4) provide to the victim a written notice containing
38	38	all of the information required by this article.
39	39	(c) Each law enforcement agency shall consult with a local
40	40	sexual assault program or response team, as those terms are defined
41	41	by Section 351.251, Local Government Code, to develop the written
42	42	notice required by Subsection (b). The notice must include the
43	43	information described by Subsection (d) and may be combined with
44	44	the written notice required under Article 56A.401. At least once
45	45	each biennium, the law enforcement agency shall update the notice
46	46	required by Subsection (b).
47	47	(d) The notice required by Subsection (b) must be in English
48	48	and Spanish and include the current contact information for a
49	49	victim assistance coordinator under Article 56A.201 and a crime
50	50	victim liaison under Article 56A.203. The notice is considered
51	51	sufficient if it includes the following statements:
52	52	"NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT"
53	53	"It is a crime for any person to cause you any physical injury
54	54	or harm."
55	55	"Please tell the investigating peace officer if you have been
56	56	injured or if you feel you are going to be in danger when the officer
57	57	leaves or at a later time."
58	58	"You have the right to:
59	59	"(1) obtain a forensic medical examination within 120 hours
60	60	of the assault to collect potential evidence and receive
61	61	preventative medications, even if you decide not to make a report to
62	62	a law enforcement agency;
63	63	"(2) anonymously track or receive updates regarding the
64	64	status and location of each item of evidence collected in your case;
65	65	"(3) have a sexual assault program advocate present during a
66	66	forensic medical examination;
67	67	"(4) have a sexual assault program advocate or other victim's
68	68	representative present during an investigative interview with law
69	69	enforcement;
70	70	"(5) ask the local prosecutor to file a criminal complaint
71	71	against the person who assaulted you; and
72	72	"(6) if a defendant is arrested for a crime against you
73	73	involving certain sexual crimes, stalking, or trafficking:
74	74	"(A) request an order for emergency protection to be
75	75	issued by a magistrate; and
76	76	"(B) apply to a court for a permanent order to protect
77	77	you (you should consult a legal aid office, a prosecuting attorney,
78	78	or a private attorney)."
79	79	"For example, the court can enter an order that prohibits the
80	80	person who assaulted you from:
81	81	"(1) committing further acts of violence;
82	82	"(2) threatening, harassing, or contacting you or a member of
83	83	your family or household; and
84	84	"(3) going near your place of employment or near a child care
85	85	facility or school attended by you or a member of your family or
86	86	household."
87	87	"You cannot be charged a fee by a court in connection with
88	88	filing, serving, or entering a protective order."
89	89	"If you have questions about the status of your case or need
90	90	assistance, you may contact the crime victim liaison (insert name)
91	91	at our agency (law enforcement agency address and victim liaison
92	92	phone number)."
93	93	"If you would like to speak with someone in the prosecuting
94	94	attorney's office, you may reach their victim assistance
95	95	coordinator at (address and phone number)."
96	96	"Call the following sexual assault program or social service
97	97	organization if you need assistance or wish to speak with an
98	98	advocate:
99	99	"
100	100	" ."
101	101	"You may receive a sexual assault forensic medical
102	102	examination at the following location(s):
103	103	"
104	104	" ."
105	105	"To get help from the National Human Trafficking Hotline:
106	106	1-888-373-7888 or text HELP or INFO to BeFree (233733)."
107	107	(e) A sexual assault program may provide a written
108	108	description of the program's services to a law enforcement agency,
109	109	for use in delivering the written referral required by Subsection
110	110	(b).
111	111	SECTION 3. Article 56A.402, Code of Criminal Procedure, is
112	112	repealed.
113	113	SECTION 4. The changes in law made by this Act apply only to
114	114	a sexual assault reported on or after the effective date of this
115	115	Act. A sexual assault reported before the effective date of this
116	116	Act is governed by the law in effect on the date the sexual assault
117	117	was reported, and the former law is continued in effect for that
118	118	purpose.
119	119	SECTION 5. This Act takes effect September 1, 2023.
120	120	______________________________ ______________________________
121	121	President of the Senate Speaker of the House
122	122	I hereby certify that S.B. No. 806 passed the Senate on
123	123	April 20, 2023, by the following vote: Yeas 31, Nays 0.
124	124	______________________________
125	125	Secretary of the Senate
126	126	I hereby certify that S.B. No. 806 passed the House on
127	127	May 6, 2023, by the following vote: Yeas 115, Nays 19,
128	128	two present not voting.
129	129	______________________________
130	130	Chief Clerk of the House
131	131	Approved:
132	132	______________________________
133	133	Date
134	134	______________________________
135	135	Governor