Paxton Bill Moves Sexual Assault Victim Notices To A Website

The text as introduced · 2,366 words

90R3152 AJZ-D

By: Paxton
S.B. No. 246

A BILL TO BE ENTITLED

AN ACT

relating to the duties of law enforcement agencies, peace officers,

and SAFE programs regarding interactions with victims of sexual

assault and to a website designed to be used for the delivery of

information and resources during interactions with those victims.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 56A.001, Code of Criminal Procedure, is

amended by adding Subdivision (5-a) to read as follows:

(5-a) "QR code" means a quick response

machine-readable code that can be read by a camera, consisting of an

array of black and white squares used for storing information or

directing or leading a user to additional information.

SECTION 2. Article 56A.401, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial

contact or at the earliest possible time after the initial contact

between a victim of a reported offense and the law enforcement

agency having the responsibility for investigating the offense, the

agency shall provide the victim with a [ written ] notice that

includes [ containing ]:

(1) information about the availability of emergency

and medical services, if applicable;

(2) information about the rights of crime victims

under Subchapter B;

(3) notice that the victim has the right to receive

information:

(A) regarding compensation to victims of crime as

provided by Chapter 56B, including information relating to the

costs that may be compensated under that chapter and the amount of

compensation, eligibility for compensation, and procedures for

application for compensation under that chapter;

(B) for a victim of a sexual assault, regarding

the payment under Subchapter G for a forensic medical examination

and for any prescribed continuing medical care that is related to

the sexual assault and provided to the victim during the 30-day

period following that examination, as provided by Subchapter G; and

(C) providing a referral to available social

service agencies that may offer additional assistance;

(4) the name, address, and phone number of the law

enforcement agency's crime victim liaison;

(5) the name, address, and phone number of the victim

assistance coordinator of the office of the attorney representing

the state; and

(6) the following statement:

"You may call the law enforcement agency's telephone number

for the status of the case and information about victims' rights."

SECTION 3. Articles 56A.403(a), (b), (c), and (d), Code of

Criminal Procedure, are amended to read as follows:

(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 with a

[ written ] notice containing information about the rights of crime

victims under Article 56A.052 and the rights and procedures under

Chapter 58.

(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) refer the victim for [ offer to request ] a forensic

medical examination [ on behalf of the victim ] in accordance with

Article 56A.303 [ 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 with 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 year [ 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 must be provided together with [ 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;

"(B) using procedures provided by Chapter 58, Code of

Criminal Procedure, request a pseudonym to be used instead of your

name in all public files and records concerning the offense; and

"(C) 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)."

SECTION 4. Subchapter I, Chapter 56A, Code of Criminal

Procedure, is amended by adding Article 56A.404 to read as follows:

Art. 56A.404. OPTION TO RECEIVE NOTICES ELECTRONICALLY. A

law enforcement agency or peace officer shall provide the victim

with the option of receiving the statewide or statutorily based

content of the notices under Article 56A.401 or 56A.403 in writing

or electronically, including by providing a QR code, hyperlink, or

other machine-readable or electronic means that allows the victim

to have immediate access to the content of those notices.

SECTION 5. Section 772.0064, Government Code, is amended by

amending Subsection (i) and adding Subsection (i-1) to read as

follows:

(i) The task force shall:

(1) develop policy recommendations to allow the state

to:

(A) effectively coordinate funding for services

to child and adult survivors; and

(B) better prevent, investigate, and prosecute

incidents of sexual assault and other sex offenses;

(2) facilitate communication and cooperation between

state agencies that have duties relating to the prevention,

investigation, or prosecution of sexual assault or other sex

offenses or services provided to survivors in order to identify and

coordinate state resources available for assisting survivors;

(3) collect, analyze, and make publicly available

information, organized by region, regarding the prevention,

investigation, and prosecution of sexual assault and other sex

offenses and services provided to survivors, including a list of

SAFE-ready facilities designated under Section 323.0015, Health

and Safety Code;

(4) make and periodically update recommendations

regarding the collection, preservation, tracking, analysis, and

destruction of evidence in cases of sexual assault or other sex

offenses, including recommendations:

(A) to the attorney general regarding:

(i) evidence collection kits for use in the

collection and preservation of evidence of sexual assault or other

sex offenses;

(ii) protocols for the collection and

preservation of evidence of sexual assault or other sex offenses;

(iii) the curriculum for training programs

on collecting and preserving evidence of sexual assault and other

sex offenses; and

(iv) the requirements for certification of

sexual assault nurse examiners; and

(B) to other appropriate individuals or

organizations, regarding:

(i) the procedures for obtaining patient

authorization for forensic medical examinations of child and adult

survivors under Subchapter [ Subchapters F and ] G, Chapter 56A, Code

of Criminal Procedure;

(ii) the requirements for maintaining an

appropriate evidentiary chain of custody;

(iii) the identification and reporting of

untested evidence throughout the state; and

(iv) standards for the submission of

evidence to forensic laboratories for analysis, including

procedures for submitting evidence in cases for which no evidence

has been previously submitted or tested;

(5) advise and provide resources to the Texas

Commission on Law Enforcement and other law enforcement

organizations to improve law enforcement officer training related

to the investigation and documentation of cases involving sexual

assault and other sex offenses, with a focus on the interactions

between law enforcement officers and survivors;

(6) provide to law enforcement agencies, prosecutors,

and judges with jurisdiction over sexual assault or other sex

offense cases information and resources to maximize effective and

empathetic investigation, prosecution, and hearings, including

information and resources:

(A) regarding trauma-informed practices and the

dynamics and effects of sexual assault and other sex offenses on

child and adult survivors;

(B) intended to improve the understanding of and

the response to sexual assault or other sex offenses;

(C) regarding best practices in the

investigation and prosecution of sexual assault or other sex

offenses; [ and ]

(D) for judges regarding common issues in the

criminal trials of sexual assault and other sex offenses; and

(E) collected on a website that is maintained by

the task force and designed to be used by law enforcement agencies

and peace officers to electronically deliver the statewide or

statutorily based content of required notices as described by

Article 56A.404, Code of Criminal Procedure;

(7) biennially contract for a survey of the resources

provided to survivors by nonprofit organizations, health care

facilities, institutions of higher education, sexual assault

response teams, and other governmental entities in each region of

the state;

(8) make recommendations as necessary to improve the

collecting and reporting of data on the investigation and

prosecution of sexual assault and other sex offenses; and

(9) develop a statewide standard for best practices in

the funding and provision of services to survivors by nonprofit

organizations, health care facilities, institutions of higher

education, sexual assault response teams, and other governmental

entities.

(i-1) The task force shall ensure that the information and

resources collected on the website described by Subsection

(i)(6)(E) are annually updated and are accessible by a QR code,

hyperlink, or other machine-readable or electronic means. For

purposes of this subsection, "QR code" has the meaning assigned by

Article 56A.001, Code of Criminal Procedure.

SECTION 6. Section 323.053, Health and Safety Code, is

amended to read as follows:

Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE

program must:

(1) operate under the active oversight of a medical

director who is a physician licensed by and in good standing with

the Texas Medical Board;

(2) provide medical treatment under a physician's

order, standing medical order, standing delegation order, or other

order or protocol as defined by Texas Medical Board rules;

(3) employ or contract with a sexual assault examiner

or a sexual assault nurse examiner;

(4) provide access to a sexual assault program

advocate, as required by Subchapter H, Chapter 56A, Code of

Criminal Procedure;

(5) ensure a sexual assault survivor has access to a

private treatment room;

(6) if indicated by a survivor's history or on a

survivor's request, provide:

(A) HIV testing and prophylactic medication to

the survivor or a referral for the testing and medication; and

(B) counseling and prophylactic medications for

exposure to sexually transmitted infections and pregnancy;

(7) provide to survivors the name and telephone number

of a nearby sexual assault program that provides to survivors the

minimum services described by Subchapter A, Chapter 420, Government

Code;

(8) provide to survivors the information form required

by Section 323.005, 323.0051, or 323.0052, as applicable;

(8-a) provide to survivors the contact information for

the local law enforcement agency with jurisdiction over sexual

assault cases in the county and request the survivor's consent for a

peace officer to contact the survivor to discuss the results of a

forensic medical examination;

(9) collaborate with any sexual assault program, as

defined by Section 420.003, Government Code, that provides services

to survivors in the county;

(10) engage in efforts to improve the quality of the

program;

(11) maintain capacity for appropriate triage or have

agreements with other health facilities to assure that a survivor

receives the appropriate level of care indicated for the survivor's

medical and mental health needs;

(12) prioritize the safety and well-being of

survivors;

(13) provide a trauma-informed approach in the

forensic medical care provided to survivors; and

(14) collaborate with:

(A) law enforcement agencies and attorneys

representing the state with jurisdiction in the county;

(B) any available local sexual assault response

team; and

(C) other interested persons in the community.

SECTION 7. This Act takes effect September 1, 2027.