S.B. No. 806
AN ACT
relating to the duties of peace officers regarding interactions
with victims of sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter I, Chapter 56A, Code of
Criminal Procedure, is amended to read as follows:
SUBCHAPTER I. PEACE OFFICER AND [REQUIRED NOTIFICATIONS BY] LAW
ENFORCEMENT AGENCY DUTIES; VICTIM NOTIFICATIONS
SECTION 2. Subchapter I, Chapter 56A, Code of Criminal
Procedure, is amended by adding Article 56A.403 to read as follows:
Art. 56A.403. DUTIES OF PEACE OFFICERS REGARDING VICTIMS OF
SEXUAL ASSAULT. (a) A peace officer who investigates an incident
involving sexual assault or who responds to a disturbance call that
may involve sexual assault shall provide to the victim a written
notice containing information about the rights of crime victims
under Article 56A.052.
(b) At the initial contact or at the earliest possible time
after the initial contact between a sexual assault victim and the
peace officer responding to the incident or disturbance call about
the offense, the peace officer shall:
(1) provide to the victim:
(A) a written referral to the nearest sexual
assault program as defined by Section 351.251, Local Government
Code; and
(B) information about the statewide electronic
tracking system established under Section 420.034, Government
Code;
(2) offer to request a forensic medical examination on
behalf of the victim in accordance with Article 56A.251;
(3) coordinate with the local response team, as
defined by Section 351.251, Local Government Code, to provide
continuing care to the victim or to further investigate the
offense; and
(4) provide to the victim a written notice containing
all of the information required by this article.
(c) Each law enforcement agency shall consult with a local
sexual assault program or response team, as those terms are defined
by Section 351.251, Local Government Code, to develop the written
notice required by Subsection (b). The notice must include the
information described by Subsection (d) and may be combined with
the written notice required under Article 56A.401. At least once
each biennium, the law enforcement agency shall update the notice
required by Subsection (b).
(d) The notice required by Subsection (b) must be in English
and Spanish and include the current contact information for a
victim assistance coordinator under Article 56A.201 and a crime
victim liaison under Article 56A.203. The notice is considered
sufficient if it includes the following statements:
"NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT"
"It is a crime for any person to cause you any physical injury
or harm."
"Please tell the investigating peace officer if you have been
injured or if you feel you are going to be in danger when the officer
leaves or at a later time."
"You have the right to:
"(1) obtain a forensic medical examination within 120 hours
of the assault to collect potential evidence and receive
preventative medications, even if you decide not to make a report to
a law enforcement agency;
"(2) anonymously track or receive updates regarding the
status and location of each item of evidence collected in your case;
"(3) have a sexual assault program advocate present during a
forensic medical examination;
"(4) have a sexual assault program advocate or other victim's
representative present during an investigative interview with law
enforcement;
"(5) ask the local prosecutor to file a criminal complaint
against the person who assaulted you; and
"(6) if a defendant is arrested for a crime against you
involving certain sexual crimes, stalking, or trafficking:
"(A) request an order for emergency protection to be
issued by a magistrate; and
"(B) apply to a court for a permanent order to protect
you (you should consult a legal aid office, a prosecuting attorney,
or a private attorney)."
"For example, the court can enter an order that prohibits the
person who assaulted you from:
"(1) committing further acts of violence;
"(2) threatening, harassing, or contacting you or a member of
your family or household; and
"(3) going near your place of employment or near a child care
facility or school attended by you or a member of your family or
household."
"You cannot be charged a fee by a court in connection with
filing, serving, or entering a protective order."
"If you have questions about the status of your case or need
assistance, you may contact the crime victim liaison (insert name)
at our agency (law enforcement agency address and victim liaison
phone number)."
"If you would like to speak with someone in the prosecuting
attorney's office, you may reach their victim assistance
coordinator at (address and phone number)."
"Call the following sexual assault program or social service
organization if you need assistance or wish to speak with an
advocate:
"
" ."
"You may receive a sexual assault forensic medical
examination at the following location(s):
"
" ."
"To get help from the National Human Trafficking Hotline:
1-888-373-7888 or text HELP or INFO to BeFree (233733)."
(e) A sexual assault program may provide a written
description of the program's services to a law enforcement agency,
for use in delivering the written referral required by Subsection
(b).
SECTION 3. Article 56A.402, Code of Criminal Procedure, is
repealed.
SECTION 4. The changes in law made by this Act apply only to
a sexual assault reported on or after the effective date of this
Act. A sexual assault reported before the effective date of this
Act is governed by the law in effect on the date the sexual assault
was reported, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 806 passed the Senate on
April 20, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 806 passed the House on
May 6, 2023, by the following vote: Yeas 115, Nays 19,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor