Bill Text: TX SB745 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to sexual assault prevention and crisis services and to the administration of the Crime Victims' Compensation Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB745 Detail]
Download: Texas-2013-SB745-Introduced.html
Bill Title: Relating to sexual assault prevention and crisis services and to the administration of the Crime Victims' Compensation Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB745 Detail]
Download: Texas-2013-SB745-Introduced.html
By: Nelson | S.B. No. 745 | |
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relating to review and verification procedures, and allowing | ||
certain claimants to file an application under the Crime Victims' | ||
Compensation Act; and the administration of the Sexual Assault | ||
Prevention and Crisis Services Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 56.39(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) An order for a mental or physical examination or an | ||
autopsy as provided by Article 56.38(c)(2) [ |
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made for good cause shown on notice to the individual to be examined | ||
and to all persons who have appeared. | ||
SECTION 2. Article 56.61, Code of Criminal Procedure, as | ||
amended by Chapters 496 (S.B. 808) and 716 (H.B. 2916), Acts of the | ||
81st Legislature, Regular Session, 2009, is reenacted and amended | ||
to read as follows: | ||
Art. 56.61. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS | ||
CONDUCT PROHIBITED; EXCEPTION. (a) Except as provided by | ||
Subsection (b), the attorney general may not award compensation for | ||
pecuniary loss arising from criminally injurious conduct that | ||
occurred before January 1, 1980. | ||
(b) The attorney general may award compensation for | ||
pecuniary loss arising from criminally injurious conduct that | ||
occurred before January 1, 1980, if: | ||
(1) the conduct was in violation of Chapter 19, Penal | ||
Code; | ||
(2) the identity of the victim is established by a law | ||
enforcement agency on or after January 1, 2009[ |
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(3) the claimant files the application for | ||
compensation within the limitations period provided by Article | ||
56.37(e). | ||
SECTION 3. The change in law made by Section 2 applies only | ||
to criminally injurious conduct committed against a victim whose | ||
identity is established by a law enforcement agency on or after | ||
January 1, 2009. Criminally injurious conduct committed against a | ||
victim whose identity is established by a law enforcement agency | ||
before January 1, 2009, is governed by the law in effect on the date | ||
the victim's identity was established, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4. Chapter 420, Government Code, is amended to read | ||
as follows: | ||
Sec. 420.003. DEFINITIONS. In this chapter: | ||
(1) "Accredited crime laboratory" means a crime | ||
laboratory, as that term is defined by Article 38.35, Code of | ||
Criminal Procedure, that has been accredited under Section | ||
411.0205. | ||
(2 |
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(A) in which: | ||
(i) a sexual assault has been reported to a | ||
law enforcement agency; and | ||
(ii) physical evidence of the assault has | ||
been submitted to the agency or an accredited crime laboratory | ||
under this chapter for analysis; and | ||
(B) for which: | ||
(i) the statute of limitations has not run | ||
with respect to the prosecution of the sexual assault; or | ||
(ii) a DNA profile was obtained that is | ||
eligible under Section 420.043 for comparison with DNA profiles in | ||
the state database or CODIS DNA database. | ||
(3 |
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services as an employee or volunteer of a sexual assault program. | ||
(4 |
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Safety of the State of Texas. | ||
(5 |
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law enforcement agency in this state with jurisdiction over the | ||
investigation of a sexual assault. | ||
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services" means the following services to address sexual assault: | ||
(A) a 24-hour crisis hotline; | ||
(B) crisis intervention; | ||
(C) public education; | ||
(D) advocacy; and | ||
(E) accompaniment to hospitals, law enforcement | ||
offices, prosecutors' offices, and courts. | ||
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as described by Section 21.02, 21.11, 22.011, 22.021, or 25.02, | ||
Penal Code. | ||
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an attorney general |
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protocol to collect and preserve evidence of a sexual assault or | ||
other sex offense. | ||
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registered nurse who has completed an attorney general | ||
service-approved examiner training course described by Section | ||
420.011 and who is certified according to minimum standards | ||
prescribed by attorney general rule. | ||
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or private nonprofit corporation, independent of a law enforcement | ||
agency or prosecutor's office, that is operated as an independent | ||
program or as part of a municipal, county, or state agency and that | ||
provides the minimum services established by this chapter. | ||
(11) "State sexual assault coalition" means an | ||
organization that has been identified as the state sexual assault | ||
coalition by a state or federal agency authorized to make the | ||
designation. | ||
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of a sexual assault, regardless of whether a report or conviction is | ||
made in the incident. | ||
Sec. 420.004. |
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SERVICES PROGRAM AND RULES. (a) The attorney general administers | ||
the Sexual Assault Prevention and Crisis Services |
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duty, or responsibility given to the attorney general under this | ||
chapter to a person in the attorney general's office. | ||
(b) The attorney general may adopt rules necessary to | ||
implement |
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(c) A proposed rule regarding attorney general grant | ||
funding under this chapter must be provided to grant recipients at | ||
least 60 days before the date of adoption. | ||
Sec. 420.005. GRANTS. (a) The attorney general may award | ||
grants to sexual assault programs; state sexual assault coalitions; | ||
statewide programs; or organizations for the purposes of conducting | ||
activities described by 420.008. Grants may be awarded in order to: | ||
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(1) provide services for survivors of sexual assault; | ||
(2) promote development of sexual assault programs or | ||
to standardize the quality of services for survivors of sexual | ||
assault; | ||
(3) prevent sexual violence; or | ||
(4) conduct activities described by Section 420.008. | ||
(b) The attorney general may by rule determine eligibility | ||
requirements for any grant provided under this chapter. The | ||
attorney general may require grant recipients to offer the minimum | ||
services for at least nine months before receiving a grant. |
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(c) The attorney general by rule |
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and programmatic reports. The attorney general may also require | ||
grant recipients to continue to offer the minimum services during | ||
the grant period. |
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(d) This section does not prohibit |
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recipients from offering any additional service, including a | ||
service for sexual assault offenders. | ||
(e) A grant is governed by Chapter 783 and rules adopted | ||
under that chapter. | ||
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Sec. 420.006. SPECIAL PROJECTS. The attorney general may | ||
consult and contract with or award grants to |
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programs, state sexual assault coalitions, and statewide programs | ||
for special projects to prevent sexual assault and improve services | ||
to survivors. | ||
Sec. 420.007. FUNDING. (a) The attorney general may | ||
receive grants, gifts, or appropriations of money from the federal | ||
government, the state legislature, or private sources to finance | ||
the grant program created by this chapter. | ||
(b) The attorney general may not use more than 15 percent of | ||
the annual legislative appropriation to the |
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general for the administration of this chapter. | ||
(c) The sexual assault prevention and crisis services fund | ||
is a special account in the general revenue fund. Money deposited | ||
to the credit of the fund may be used only as provided by this | ||
subchapter and is not available for any other purpose. | ||
Sec. 420.009. REPORT. The attorney general shall publish a | ||
report |
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even-numbered year. The report must summarize reports from | ||
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recipients under this chapter, analyze the effectiveness of the | ||
grants, and include information on the expenditure of funds | ||
authorized by this chapter, the services provided, the number of | ||
persons receiving services, and any other information relating to | ||
the provision of sexual assault services. A copy of the report | ||
shall be submitted to the governor, lieutenant governor, speaker of | ||
the house of representatives, Legislative Budget Board, Senate | ||
Committee on Health and Human Services or its successor committee, | ||
and House Committee on Human Services or its successor committee. | ||
Sec. 420.010. CONFIDENTIALITY. The attorney general may | ||
not disclose any information received from reports, collected case | ||
information, or site-monitoring visits that would identify a person | ||
working at or receiving services from a sexual assault program. | ||
Sec. 420.011. ATTORNEY GENERAL CERTIFICATIONS AND RULES. | ||
(a) The attorney general may adopt rules necessary to implement | ||
this |
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(b) The attorney general shall adopt rules establishing | ||
minimum standards for the certification of a sexual assault | ||
training program and the renewal of that certification |
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issuance. The attorney general shall also adopt rules establishing | ||
minimum standards for the suspension, decertification, or | ||
probation of a sexual assault training program that violates this | ||
chapter. | ||
(c) The attorney general shall adopt rules establishing | ||
minimum standards for the certification of a sexual assault nurse | ||
examiner and the renewal of that certification |
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the interstate reciprocity of sexual assault nurse examiners. The | ||
certification is valid for two years from the date of | ||
issuance. The attorney general shall also adopt rules | ||
establishing minimum standards for the suspension, | ||
decertification, or probation of a sexual assault nurse examiner | ||
who violates this chapter. | ||
SUBCHAPTER B. COLLECTION AND PRESERVATION OF EVIDENCE OF SEX | ||
OFFENSE | ||
Sec. 420.031. EVIDENCE COLLECTION PROTOCOL; KITS. (a) The | ||
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enforcement agencies and proper medical personnel an evidence | ||
collection protocol that shall include collection procedures and a | ||
list of requirements for the contents of an evidence collection kit | ||
for use in the collection and preservation of evidence of a sexual | ||
assault or other sex offense. Medical or law enforcement personnel | ||
collecting evidence of a sexual assault or other sex offense shall | ||
use an |
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and protocol. | ||
(b) An evidence collection kit must contain the following | ||
items: | ||
(1) items to collect and preserve evidence of a sexual | ||
assault or other sex offense; and | ||
(2) any other items |
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determined necessary for the kit by the attorney general. | ||
(c) In developing the evidence collection kit and | ||
protocol |
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shall consult with individuals and organizations having knowledge | ||
and experience in the issues of sexual assault and other sex | ||
offenses. | ||
(d) A law enforcement agency that requests a medical | ||
examination of a victim of an alleged sexual assault or other sex | ||
offense for use in the investigation or prosecution of the offense | ||
shall pay the costs of the evidence collection kit. This subsection | ||
does not require a law enforcement agency to pay any costs of | ||
treatment for injuries. | ||
(e) Evidence collected under this section may not be | ||
released unless a signed, written consent to release the evidence | ||
is obtained as provided by Section 420.0735. | ||
(f) Failure to comply with evidence collection procedures | ||
or requirements adopted under this section does not affect the | ||
admissibility of the evidence in a trial of the offense. | ||
SUBCHAPTER C. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT | ||
Sec. 420.051. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT. | ||
An individual may act as an advocate for survivors of sexual assault | ||
for the purposes of providing services under the Code of Criminal | ||
Procedure Article 56.045, if the individual has completed a sexual | ||
assault training program certified by the |
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general and is employed by or a volunteer of a sexual assault | ||
program |
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SECTION 5. This Act takes effect September 1, 2013. |