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CHAPTER 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES

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GOVERNMENT CODETITLE 4. EXECUTIVE BRANCHSUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTIONCHAPTER 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICESSUBCHAPTER A. GENERAL PROVISIONSSec. 420.001.SHORT TITLE.This chapter may be cited as theSexual Assault Prevention and Crisis Services Act.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Renumbered from Health and Safety Code Sec. 44.001 by Acts1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.Sec. 420.002.PURPOSE.The purpose of this chapter is topromote the development throughout the state of locally based andsupported nonprofit programs for the survivors of sexual assaultand to standardize the quality of services provided.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Renumbered from Health and Safety Code Sec. 44.002 by Acts1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.Sec. 420.003.DEFINITIONS.In this chapter:(1)"Advocate" means a person who provides advocacy services asan employee or volunteer of a sexual assault program.(2)"Program" means a sexual assault program.(3)"Service" means the Sexual Assault Prevention and CrisisService.(4)"Sexual assault" means any act or attempted act as describedby Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.(5)"Sexual assault examiner" means a person who uses aservice-approved evidence collection kit and protocol to collectand preserve evidence of a sexual assault or other sex offense.(6)"Sexual assault nurse examiner" means a registered nurse whohas completed a service-approved examiner training course.(7)"Sexual assault program" means any local public or privatenonprofit corporation, independent of a law enforcement agency orprosecutor's office, that is operated as an independent programor as part of a municipal, county, or state agency and thatprovides the minimum services established by this chapter.(8)"Survivor" means an individual who is a victim of a sexualassault, regardless of whether a report or conviction is made inthe incident.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Amended by Acts 1997, 75th Leg., ch. 775, Sec. 1, eff.Sept. 1, 1997. Renumbered from Health and Safety Code Sec. 44.003and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept.1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 8.08, eff.Sept. 1, 1999.Amended by:Acts 2007, 80th Leg., R.S., Ch.593, Sec. 3.35, eff. September 1, 2007.Sec. 420.004.SERVICE.(a)The Sexual Assault Prevention andCrisis Service is a division in the office of the attorneygeneral.(b)The attorney general may adopt rules relating to assigningservice areas, monitoring services, distributing funds, andcollecting information from programs in accordance with thischapter.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Renumbered from Health and Safety Code Sec. 44.004 andamended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.005.GRANTS.(a)The attorney general may awardgrants to programs described by Section 420.008.A grant may notresult in the reduction of the financial support a programreceives from another source.(b)The attorney general may by rule require that to be eligiblefor a grant, certain programs must provide at a minimum:(1)a 24-hour crisis hotline;(2)crisis intervention;(3)public education;(4)advocacy and accompaniment to hospitals, law enforcementoffices, prosecutors' offices, and courts for survivors and theirfamily members;and(5)crisis intervention volunteer training.(c)The attorney general by rule shall require a programreceiving a grant to:(1)submit quarterly and annual financial reports to theattorney general;(2)submit to an annual independent financial audit;(3)cooperate with the attorney general during site-monitoringvisits; and(4)offer the minimum services described by Subsection (b) forat least nine months before receiving a grant.(d)This section does not prohibit a program from offering anyadditional service, including a service for sexual assaultoffenders.(e)A grant is governed by Chapter 783 and rules adopted underthat chapter.(f)The receipt of grant money by a program may be suspended incase of a dispute about the eligibility of the program to receivethe money under this chapter. A hearing on the dispute must beheld within a reasonable time, as established by rule by theattorney general.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Renumbered from Health and Safety Code Sec. 44.005 andamended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Amended by:Acts 2007, 80th Leg., R.S., Ch.1206, Sec. 4, eff. January 1, 2008.Sec. 420.006.SPECIAL PROJECTS.The attorney general mayconsult and contract with or award grants to local and statewideprograms for special projects to prevent sexual assault andimprove services to survivors.Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.007.FUNDING.(a)The attorney general may receivegrants, gifts, or appropriations of money from the federalgovernment, the state legislature, or private sources to financethe grant program created by this chapter.(b)The attorney general may not use more than 15 percent of theannual legislative appropriation to the service for theadministration of this chapter.(c)The sexual assault prevention and crisis services fund is aspecial account in the general revenue fund. Money deposited tothe credit of the fund may be used only as provided by thissubchapter and is not available for any other purpose.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Renumbered from Health and Safety Code Sec. 44.006 andamended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.008.SEXUAL ASSAULT PROGRAM FUND.(a)The sexualassault program fund is a special account in the general revenuefund.(b)The fund consists of fees collected under:(1)Section 19(e), Article 42.12, Code of Criminal Procedure;(2)Section 508.189, Government Code; and(3)Subchapter B, Chapter 102, Business & Commerce Code, anddeposited under Section 102.054.(c)The legislature may appropriate money deposited to thecredit of the fund only to:(1)the attorney general, for:(A)sexual violence awareness and prevention campaigns;(B)grants to faith-based groups, independent school districts,and community action organizations for programs for theprevention of sexual assault and programs for victims of humantrafficking;(C)grants for equipment for sexual assault nurse examinerprograms, to support the preceptorship of future sexual assaultnurse examiners, and for the continuing education of sexualassault nurse examiners;(D)grants to increase the level of sexual assault services inthis state;(E)grants to support victim assistance coordinators;(F)grants to support technology in rape crisis centers;(G)grants to and contracts with a statewide nonprofitorganization exempt from federal income taxation under Section501(c)(3), Internal Revenue Code of 1986, having as a primarypurpose ending sexual violence in this state, for programs forthe prevention of sexual violence, outreach programs, andtechnical assistance to and support of youth and rape crisiscenters working to prevent sexual violence; and(H)grants to regional nonprofit providers of civil legalservices to provide legal assistance for sexual assault victims;(2)the Department of State Health Services, to measure theprevalence of sexual assault in this state and for grants tosupport programs assisting victims of human trafficking;(3)the Institute on Domestic Violence and Sexual Assault at TheUniversity of Texas at Austin, to conduct research on all aspectsof sexual assault and domestic violence;(4)Texas State University, for training and technicalassistance to independent school districts for campus safety;(5)the office of the governor, for grants to support sexualassault and human trafficking prosecution projects;(6)the Department of Public Safety, to support sexual assaulttraining for commissioned officers;(7)the comptroller's judiciary section, for increasing thecapacity of the sex offender civil commitment program;(8)the Texas Department of Criminal Justice:(A)for pilot projects for monitoring sex offenders on parole;and(B)for increasing the number of adult incarcerated sexoffenders receiving treatment;(9)the Texas Youth Commission, for increasing the number ofincarcerated juvenile sex offenders receiving treatment;(10)the comptroller, for the administration of the fee imposedon sexually oriented businesses under Section 102.052, Business& Commerce Code; and(11)the supreme court, to be transferred to the Texas EqualAccess to Justice Foundation, or a similar entity, to providevictim-related legal services to sexual assault victims,including legal assistance with protective orders,relocation-related matters, victim compensation, and actions tosecure privacy protections available to victims under law.Added by Acts 1993, 73rd Leg., ch. 805, Sec. 12, eff. Aug. 30,1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.18, eff.Sept. 1, 1997. Renumbered from Health and Safety Code Sec.44.0061 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1,eff. Sept. 1, 1997.Amended by:Acts 2007, 80th Leg., R.S., Ch.1206, Sec. 5, eff. January 1, 2008.Acts 2009, 81st Leg., R.S., Ch.87, Sec. 11.004, eff. September 1, 2009.Sec. 420.009.REPORT.The attorney general shall publish areport on the service not later than December 10 of eacheven-numbered year. The report must summarize reports fromprograms receiving grants from the attorney general, analyze theeffectiveness of the grants, and include information on theexpenditure of funds authorized by this chapter, the servicesprovided, the number of persons receiving services, and any otherinformation 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 HumanServices or its successor committee, and House Committee on HumanServices or its successor committee.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Renumbered from Health and Safety Code Sec. 44.007 andamended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.010.CONFIDENTIALITY.The attorney general may notdisclose any information received from reports, collected caseinformation, or site-monitoring visits that would identify aperson working at or receiving services from a program.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Renumbered from Health and Safety Code Sec. 44.008 andamended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.011.CERTIFICATION AND RULES.(a)The attorneygeneral may adopt rules necessary to implement this chapter. Aproposed rule must be provided to programs receiving grants atleast 60 days before the date of adoption.(b)The attorney general shall adopt rules establishing minimumstandards for the certification of a sexual assault trainingprogram. The certification is valid for two years from the dateof issuance. The attorney general shall also adopt rulesestablishing minimum standards for the suspension,decertification, or probation of a training program that violatesthis chapter.(c)The attorney general shall adopt rules establishing minimumstandards for the certification of a sexual assault nurseexaminer, including standards for examiner training courses andfor the interstate reciprocity of sexual assault nurse examiners.The certification is valid for two years from the date ofissuance. The attorney general shall also adopt rulesestablishing minimum standards for the suspension,decertification, or probation of a sexual assault nurse examinerwho violates this chapter.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Renumbered from Health and Safety Code Sec. 44.009 andamended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.012.CONSULTATIONS.In implementing this chapter, theattorney general shall consult persons and organizations havingknowledge and experience relating to sexual assault.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,1991. Renumbered from Health and Safety Code Sec. 44.010 andamended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.013.DEPOSIT BY COMPTROLLER; AUDIT.(a)Thecomptroller shall deposit any money received under thissubchapter and any money credited to the program by another lawin the sexual assault prevention and crisis services fund.(b)The sexual assault prevention and crisis services fund issubject to audit by the comptroller. Money expended from the fundis subject to audit by the state auditor.Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.014.ATTORNEY GENERAL SUPERVISION OF COLLECTION OFCOSTS; FAILURE TO COMPLY.(a)If the attorney generalreasonably believes that a court or a community supervisionoffice has not properly assessed or made a reasonable effort tocollect costs due under Article 42.12 or 42.18, Code of CriminalProcedure, the attorney general shall send a warning letter tothe court or the governing body of the governmental unit in whichthe court is located.(b)Not later than the 60th day after the receipt of a warningletter, the court or governing body shall respond in writing tothe attorney general specifically addressing the charges in thewarning letter.(c)If the court or governing body does not respond or if theattorney general considers the response inadequate, the attorneygeneral may request the comptroller to audit the records of:(1)the court;(2)the community supervision office;(3)the officer charged with collecting the costs; or(4)the treasury of the governmental unit in which the court islocated.(d)The comptroller shall provide the attorney general with theresults of the audit.(e)If the attorney general finds from available evidence that acourt or a community supervision office has not properly assessedor made a reasonable effort to collect costs due under Article42.12 or 42.18, Code of Criminal Procedure, the attorney generalmay:(1)refuse to award grants under this subchapter to residents ofthe jurisdiction served by the court or community supervisionoffice; or(2)in the case of a court, notify the State Commission onJudicial Conduct of the findings.(f)The failure, refusal, or neglect of a judicial officer tocomply with a requirement of this subchapter constitutes officialmisconduct and is grounds for removal from office.Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.015.ASSESSMENT OF SEXUALLY ORIENTED BUSINESSREGULATIONS.The legislature may appropriate funds for athird-party assessment of the sexually oriented business industryin this state and provide recommendations to the legislature onhow to further regulate the growth of the sexually orientedbusiness industry in this state.Added by Acts 2007, 80th Leg., R.S., Ch.1206, Sec. 6, eff. January 1, 2008.SUBCHAPTER B. COLLECTION AND PRESERVATION OF EVIDENCE OF SEXOFFENSESec. 420.031.EVIDENCE COLLECTION PROTOCOL; KITS.(a)Theservice shall develop and distribute to law enforcement agenciesand proper medical personnel an evidence collection protocol thatshall include collection procedures and a list of requirementsfor the contents of an evidence collection kit for use in thecollection and preservation of evidence of a sexual assault orother sex offense. Medical or law enforcement personnelcollecting evidence of a sexual assault or other sex offenseshall use a service-approved evidence collection kit andprotocol.(b)An evidence collection kit must contain the following items:(1)items to collect and preserve evidence of a sexual assaultor other sex offense; and(2)other items recommended by the Evidence Collection ProtocolAdvisory Committee of the attorney general and determinednecessary for the kit by the attorney general.(c)In developing evidence collection procedures andrequirements, the service shall consult with individuals andorganizations having knowledge and experience in the issues ofsexual assault and other sex offenses.(d)A law enforcement agency that requests a medical examinationof a victim of an alleged sexual assault or other sex offense foruse in the investigation or prosecution of the offense shall paythe costs of the evidence collection kit. This subsection doesnot require a law enforcement agency to pay any costs oftreatment for injuries.(e)Evidence collected under this section may not be releasedunless the survivor of the offense or a legal representative ofthe survivor signs a written consent to release the evidence.(f)Failure to comply with evidence collection procedures orrequirements adopted under this section does not affect theadmissibility of the evidence in a trial of the offense.Added by Acts 1991, 72nd Leg., ch. 143, Sec. 1, eff. Aug. 26,1991. Renumbered from Health and Safety Code Sec. 44.031 andamended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,1997.Sec. 420.032.PHOTO DOCUMENTATION REQUIRED FOR CHILD VICTIMS INCERTAIN COUNTIES.(a)In this section:(1)"Child" has the meaning assigned by Section 101.003, FamilyCode.(2)"Medical professional" has the meaning assigned by Section91.001, Family Code.(3)"Photo documentation" means video or photographs of a childalleged to be the victim of a sexual assault that are taken witha colposcope or other magnifying camera during the forensicportion of a medical examination of the child.(b)In a county with a population of three million or more, theforensic portion of a medical examination of a child alleged tobe the victim of a sexual assault must include the production ofphoto documentation unless the medical professional examining thechild determines that good cause for refraining from producingphoto documentation exists.(c)The photo documentation must include images of the child'sanogenital area and any signs of injury apparent on the body ofthe child.(d)If photo documentation is not produced, the medicalprofessional conducting the forensic portion of the medicalexamination shall document in the child's medical records thereason photo documentation was not produced.(e)The fact that the medical professional examining the childdid not produce photo documentation in the forensic portion of amedical examination of a child alleged to be the victim of asexual assault and the reasons behind the lack of photodocumentation are admissible at the trial of the alleged sexualassault, but the lack of photo documentation will not affect theadmissibility of other evidence in the case.Added by Acts 2005, 79th Leg., Ch.180, Sec. 1, eff. May 27, 2005.SUBCHAPTER C. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULTSec. 420.051.ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.Anindividual may act as an advocate for survivors of sexual assaultif the individual has completed a sexual assault training programcertified by the department and:(1)is employed by a sexual assault program; or(2)provides services through a sexual assault program as avolunteer under the supervision of an advocate.Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,1997, as Sec. 44.051 Health and Safety Code.Renumbered from Health and Safety Code, Section 44.051 by Acts2007, 80th Leg., Ch.921, Sec. 17.001, eff. September 9, 2007.SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONSSec. 420.071.CONFIDENTIAL COMMUNICATIONS.(a)A communicationbetween an advocate and a survivor, or a person claiming to be asurvivor, that is made in the course of providing sexual assaultadvocacy services to the survivor is confidential and may not bedisclosed except as provided by this subchapter.(b)A record of the identity, personal history, or backgroundinformation of a survivor or information concerning thevictimization of a survivor that is created by or provided to anadvocate or maintained by a sexual assault program isconfidential and may not be disclosed except as provided by thissubchapter.(c)A person who receives information from a confidentialcommunication or record as described by this subchapter may notdisclose the information except to the extent that disclosure isconsistent with the authorized purposes for which the informationwas obtained.(d)This subchapter governs a confidential communication orrecord concerning a survivor regardless of when the survivorreceived the services of an advocate or sexual assault program.Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,1997, as Sec. 44.071, Health and Safety Code.Renumbered from Health and Safety Code, Section 44.071 by Acts2007, 80th Leg., Ch.921, Sec. 17.001, eff. September 9, 2007.Sec. 420.072.EXCEPTIONS.(a)A communication or record thatis confidential under this subchapter may be disclosed in courtor in an administrative proceeding if:(1)the proceeding is brought by the survivor against anadvocate or a sexual assault program or is a criminal proceedingor a certification revocation proceeding in which disclosure isrelevant to the claims or defense of the advocate or sexualassault program; or(2)the survivor or a person authorized to act on behalf of thesurvivor consents in writing to the release of the confidentialinformation as provided by Section 420.073.(b)A communication or record that is confidential under thissubchapter may be disclosed only to:(1)medical or law enforcement personnel if the advocatedetermines that there is a probability of imminent physicaldanger to any person for whom the communication or record isrelevant or if there is a probability of immediate mental oremotional injury to the survivor;(2)a governmental agency if the disclosure is required orauthorized by law;(3)a qualified person to the extent necessary for a managementaudit, financial audit, program evaluation, or research, exceptthat a report of the research, audit, or evaluation may notdirectly or indirectly identify a survivor;(4)a person who has the written consent of the survivor or of aperson authorized to act on the survivor's behalf as provided bySection 420.073; or(5)an advocate or a person under the supervision of acounseling supervisor who is participating in the evaluation orcounseling of or advocacy for the survivor.(c)A communication or record that is confidential under thissubchapter may not be disclosed to a parent or legal guardian ofa survivor who is a minor if an advocate or a sexual assaultprogram knows or has reason to believe that the parent or legalguardian of the survivor is a suspect in the sexual assault ofthe survivor.Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,1997, as Sec. 44.072, Health and Safety Code.Renumbered from Health and Safety Code, Section 44.072 by Acts2007, 80th Leg., Ch.921, Sec. 17.001, eff. September 9, 2007.Amended by:Acts 2007, 80th Leg., R.S., Ch.921, Sec. 17.002(3), eff. September 1, 2007.Sec. 420.073.CONSENT.(a)Consent for the release ofconfidential information must be in writing and signed by thesurvivor, a parent or legal guardian if the survivor is a minor,a legal guardian if the survivor has been adjudicated incompetentto manage the survivor's personal affairs, an attorney ad litemappointed for the survivor, or a personal representative if thesurvivor is deceased. The written consent must specify:(1)the information or records covered by the release;(2)the reason or purpose for the release; and(3)the person to whom the information is to be released.(b)A survivor or other person authorized to consent maywithdraw consent to the release of information by submitting awritten notice of withdrawal to the person or program to whichconsent was provided. Withdrawal of consent does not affectinformation disclosed before the date written notice of thewithdrawal was received.(c)A person who receives information made confidential by thischapter may not disclose the information except to the extentthat disclosure is consistent with the authorized purposes forwhich the person obtained the information.Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,1997, as Sec. 44.073, Health and Safety Code.Renumbered from Health and Safety Code, Section 44.073 by Acts2007, 80th Leg., Ch.921, Sec. 17.001, eff. September 9, 2007.Sec. 420.074.CRIMINAL SUBPOENA.Notwithstanding any otherprovision of this chapter, a person shall disclose acommunication or record that is confidential under this chapterfor use in a criminal investigation or proceeding in response toa subpoena issued in accordance with law.Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,1997, as Sec. 44.074, Health and Safety Code.Renumbered from Health and Safety Code, Section 44.074 by Acts2007, 80th Leg., Ch.921, Sec. 17.001, eff. September 9, 2007.Sec. 420.075.OFFENSE.A person commits an offense if theperson intentionally or knowingly discloses a communication orrecord that is confidential under this chapter, except asprovided by this chapter. An offense under this section is aClass C misdemeanor.Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,1997, as Sec. 44.075, Health and Safety Code.Renumbered from Health and Safety Code, Section 44.075 by Acts2007, 80th Leg., Ch.921, Sec. 17.001, eff. September 9, 2007.
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  • GOVERNMENT CODE

    TITLE 4. EXECUTIVE BRANCH

    SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION

    CHAPTER 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 420.001. SHORT TITLE. This chapter may be cited as the

    Sexual Assault Prevention and Crisis Services Act.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Renumbered from Health and Safety Code Sec. 44.001 by Acts

    1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.

    Sec. 420.002. PURPOSE. The purpose of this chapter is to

    promote the development throughout the state of locally based and

    supported nonprofit programs for the survivors of sexual assault

    and to standardize the quality of services provided.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Renumbered from Health and Safety Code Sec. 44.002 by Acts

    1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.

    Sec. 420.003. DEFINITIONS. In this chapter:

    (1) "Advocate" means a person who provides advocacy services as

    an employee or volunteer of a sexual assault program.

    (2) "Program" means a sexual assault program.

    (3) "Service" means the Sexual Assault Prevention and Crisis

    Service.

    (4) "Sexual assault" means any act or attempted act as described

    by Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.

    (5) "Sexual assault examiner" means a person who uses a

    service-approved evidence collection kit and protocol to collect

    and preserve evidence of a sexual assault or other sex offense.

    (6) "Sexual assault nurse examiner" means a registered nurse who

    has completed a service-approved examiner training course.

    (7) "Sexual assault program" means any local public 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.

    (8) "Survivor" means an individual who is a victim of a sexual

    assault, regardless of whether a report or conviction is made in

    the incident.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Amended by Acts 1997, 75th Leg., ch. 775, Sec. 1, eff.

    Sept. 1, 1997. Renumbered from Health and Safety Code Sec. 44.003

    and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept.

    1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 8.08, eff.

    Sept. 1, 1999.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    593, Sec. 3.35, eff. September 1, 2007.

    Sec. 420.004. SERVICE. (a) The Sexual Assault Prevention and

    Crisis Service is a division in the office of the attorney

    general.

    (b) The attorney general may adopt rules relating to assigning

    service areas, monitoring services, distributing funds, and

    collecting information from programs in accordance with this

    chapter.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Renumbered from Health and Safety Code Sec. 44.004 and

    amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 420.005. GRANTS. (a) The attorney general may award

    grants to programs described by Section 420.008. A grant may not

    result in the reduction of the financial support a program

    receives from another source.

    (b) The attorney general may by rule require that to be eligible

    for a grant, certain programs must provide at a minimum:

    (1) a 24-hour crisis hotline;

    (2) crisis intervention;

    (3) public education;

    (4) advocacy and accompaniment to hospitals, law enforcement

    offices, prosecutors' offices, and courts for survivors and their

    family members; and

    (5) crisis intervention volunteer training.

    (c) The attorney general by rule shall require a program

    receiving a grant to:

    (1) submit quarterly and annual financial reports to the

    attorney general;

    (2) submit to an annual independent financial audit;

    (3) cooperate with the attorney general during site-monitoring

    visits; and

    (4) offer the minimum services described by Subsection (b) for

    at least nine months before receiving a grant.

    (d) This section does not prohibit a program 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.

    (f) The receipt of grant money by a program may be suspended in

    case of a dispute about the eligibility of the program to receive

    the money under this chapter. A hearing on the dispute must be

    held within a reasonable time, as established by rule by the

    attorney general.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Renumbered from Health and Safety Code Sec. 44.005 and

    amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    1206, Sec. 4, eff. January 1, 2008.

    Sec. 420.006. SPECIAL PROJECTS. The attorney general may

    consult and contract with or award grants to local and statewide

    programs for special projects to prevent sexual assault and

    improve services to survivors.

    Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    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 service 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.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Renumbered from Health and Safety Code Sec. 44.006 and

    amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 420.008. SEXUAL ASSAULT PROGRAM FUND. (a) The sexual

    assault program fund is a special account in the general revenue

    fund.

    (b) The fund consists of fees collected under:

    (1) Section 19(e), Article 42.12, Code of Criminal Procedure;

    (2) Section 508.189, Government Code; and

    (3) Subchapter B, Chapter 102, Business & Commerce Code, and

    deposited under Section 102.054.

    (c) The legislature may appropriate money deposited to the

    credit of the fund only to:

    (1) the attorney general, for:

    (A) sexual violence awareness and prevention campaigns;

    (B) grants to faith-based groups, independent school districts,

    and community action organizations for programs for the

    prevention of sexual assault and programs for victims of human

    trafficking;

    (C) grants for equipment for sexual assault nurse examiner

    programs, to support the preceptorship of future sexual assault

    nurse examiners, and for the continuing education of sexual

    assault nurse examiners;

    (D) grants to increase the level of sexual assault services in

    this state;

    (E) grants to support victim assistance coordinators;

    (F) grants to support technology in rape crisis centers;

    (G) grants to and contracts with a statewide nonprofit

    organization exempt from federal income taxation under Section

    501(c)(3), Internal Revenue Code of 1986, having as a primary

    purpose ending sexual violence in this state, for programs for

    the prevention of sexual violence, outreach programs, and

    technical assistance to and support of youth and rape crisis

    centers working to prevent sexual violence; and

    (H) grants to regional nonprofit providers of civil legal

    services to provide legal assistance for sexual assault victims;

    (2) the Department of State Health Services, to measure the

    prevalence of sexual assault in this state and for grants to

    support programs assisting victims of human trafficking;

    (3) the Institute on Domestic Violence and Sexual Assault at The

    University of Texas at Austin, to conduct research on all aspects

    of sexual assault and domestic violence;

    (4) Texas State University, for training and technical

    assistance to independent school districts for campus safety;

    (5) the office of the governor, for grants to support sexual

    assault and human trafficking prosecution projects;

    (6) the Department of Public Safety, to support sexual assault

    training for commissioned officers;

    (7) the comptroller's judiciary section, for increasing the

    capacity of the sex offender civil commitment program;

    (8) the Texas Department of Criminal Justice:

    (A) for pilot projects for monitoring sex offenders on parole;

    and

    (B) for increasing the number of adult incarcerated sex

    offenders receiving treatment;

    (9) the Texas Youth Commission, for increasing the number of

    incarcerated juvenile sex offenders receiving treatment;

    (10) the comptroller, for the administration of the fee imposed

    on sexually oriented businesses under Section 102.052, Business

    & Commerce Code; and

    (11) the supreme court, to be transferred to the Texas Equal

    Access to Justice Foundation, or a similar entity, to provide

    victim-related legal services to sexual assault victims,

    including legal assistance with protective orders,

    relocation-related matters, victim compensation, and actions to

    secure privacy protections available to victims under law.

    Added by Acts 1993, 73rd Leg., ch. 805, Sec. 12, eff. Aug. 30,

    1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.18, eff.

    Sept. 1, 1997. Renumbered from Health and Safety Code Sec.

    44.0061 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1,

    eff. Sept. 1, 1997.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    1206, Sec. 5, eff. January 1, 2008.

    Acts 2009, 81st Leg., R.S., Ch.

    87, Sec. 11.004, eff. September 1, 2009.

    Sec. 420.009. REPORT. The attorney general shall publish a

    report on the service not later than December 10 of each

    even-numbered year. The report must summarize reports from

    programs receiving grants from the attorney general, 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.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Renumbered from Health and Safety Code Sec. 44.007 and

    amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    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 program.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Renumbered from Health and Safety Code Sec. 44.008 and

    amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 420.011. CERTIFICATION AND RULES. (a) The attorney

    general may adopt rules necessary to implement this chapter. A

    proposed rule must be provided to programs receiving grants at

    least 60 days before the date of adoption.

    (b) The attorney general shall adopt rules establishing minimum

    standards for the certification of a sexual assault training

    program. 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 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, including standards for examiner training courses and

    for 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.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Renumbered from Health and Safety Code Sec. 44.009 and

    amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 420.012. CONSULTATIONS. In implementing this chapter, the

    attorney general shall consult persons and organizations having

    knowledge and experience relating to sexual assault.

    Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1,

    1991. Renumbered from Health and Safety Code Sec. 44.010 and

    amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 420.013. DEPOSIT BY COMPTROLLER; AUDIT. (a) The

    comptroller shall deposit any money received under this

    subchapter and any money credited to the program by another law

    in the sexual assault prevention and crisis services fund.

    (b) The sexual assault prevention and crisis services fund is

    subject to audit by the comptroller. Money expended from the fund

    is subject to audit by the state auditor.

    Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 420.014. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF

    COSTS; FAILURE TO COMPLY. (a) If the attorney general

    reasonably believes that a court or a community supervision

    office has not properly assessed or made a reasonable effort to

    collect costs due under Article 42.12 or 42.18, Code of Criminal

    Procedure, the attorney general shall send a warning letter to

    the court or the governing body of the governmental unit in which

    the court is located.

    (b) Not later than the 60th day after the receipt of a warning

    letter, the court or governing body shall respond in writing to

    the attorney general specifically addressing the charges in the

    warning letter.

    (c) If the court or governing body does not respond or if the

    attorney general considers the response inadequate, the attorney

    general may request the comptroller to audit the records of:

    (1) the court;

    (2) the community supervision office;

    (3) the officer charged with collecting the costs; or

    (4) the treasury of the governmental unit in which the court is

    located.

    (d) The comptroller shall provide the attorney general with the

    results of the audit.

    (e) If the attorney general finds from available evidence that a

    court or a community supervision office has not properly assessed

    or made a reasonable effort to collect costs due under Article

    42.12 or 42.18, Code of Criminal Procedure, the attorney general

    may:

    (1) refuse to award grants under this subchapter to residents of

    the jurisdiction served by the court or community supervision

    office; or

    (2) in the case of a court, notify the State Commission on

    Judicial Conduct of the findings.

    (f) The failure, refusal, or neglect of a judicial officer to

    comply with a requirement of this subchapter constitutes official

    misconduct and is grounds for removal from office.

    Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 420.015. ASSESSMENT OF SEXUALLY ORIENTED BUSINESS

    REGULATIONS. The legislature may appropriate funds for a

    third-party assessment of the sexually oriented business industry

    in this state and provide recommendations to the legislature on

    how to further regulate the growth of the sexually oriented

    business industry in this state.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    1206, Sec. 6, eff. January 1, 2008.

    SUBCHAPTER B. COLLECTION AND PRESERVATION OF EVIDENCE OF SEX

    OFFENSE

    Sec. 420.031. EVIDENCE COLLECTION PROTOCOL; KITS. (a) The

    service shall develop and distribute to law 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 a service-approved evidence collection kit 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) other items recommended by the Evidence Collection Protocol

    Advisory Committee of the attorney general and determined

    necessary for the kit by the attorney general.

    (c) In developing evidence collection procedures and

    requirements, the service 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 the survivor of the offense or a legal representative of

    the survivor signs a written consent to release the evidence.

    (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.

    Added by Acts 1991, 72nd Leg., ch. 143, Sec. 1, eff. Aug. 26,

    1991. Renumbered from Health and Safety Code Sec. 44.031 and

    amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 420.032. PHOTO DOCUMENTATION REQUIRED FOR CHILD VICTIMS IN

    CERTAIN COUNTIES. (a) In this section:

    (1) "Child" has the meaning assigned by Section 101.003, Family

    Code.

    (2) "Medical professional" has the meaning assigned by Section

    91.001, Family Code.

    (3) "Photo documentation" means video or photographs of a child

    alleged to be the victim of a sexual assault that are taken with

    a colposcope or other magnifying camera during the forensic

    portion of a medical examination of the child.

    (b) In a county with a population of three million or more, the

    forensic portion of a medical examination of a child alleged to

    be the victim of a sexual assault must include the production of

    photo documentation unless the medical professional examining the

    child determines that good cause for refraining from producing

    photo documentation exists.

    (c) The photo documentation must include images of the child's

    anogenital area and any signs of injury apparent on the body of

    the child.

    (d) If photo documentation is not produced, the medical

    professional conducting the forensic portion of the medical

    examination shall document in the child's medical records the

    reason photo documentation was not produced.

    (e) The fact that the medical professional examining the child

    did not produce photo documentation in the forensic portion of a

    medical examination of a child alleged to be the victim of a

    sexual assault and the reasons behind the lack of photo

    documentation are admissible at the trial of the alleged sexual

    assault, but the lack of photo documentation will not affect the

    admissibility of other evidence in the case.

    Added by Acts 2005, 79th Leg., Ch.

    180, Sec. 1, eff. May 27, 2005.

    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

    if the individual has completed a sexual assault training program

    certified by the department and:

    (1) is employed by a sexual assault program; or

    (2) provides services through a sexual assault program as a

    volunteer under the supervision of an advocate.

    Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,

    1997, as Sec. 44.051 Health and Safety Code.

    Renumbered from Health and Safety Code, Section 44.051 by Acts

    2007, 80th Leg., Ch.

    921, Sec. 17.001, eff. September 9, 2007.

    SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONS

    Sec. 420.071. CONFIDENTIAL COMMUNICATIONS. (a) A communication

    between an advocate and a survivor, or a person claiming to be a

    survivor, that is made in the course of providing sexual assault

    advocacy services to the survivor is confidential and may not be

    disclosed except as provided by this subchapter.

    (b) A record of the identity, personal history, or background

    information of a survivor or information concerning the

    victimization of a survivor that is created by or provided to an

    advocate or maintained by a sexual assault program is

    confidential and may not be disclosed except as provided by this

    subchapter.

    (c) A person who receives information from a confidential

    communication or record as described by this subchapter may not

    disclose the information except to the extent that disclosure is

    consistent with the authorized purposes for which the information

    was obtained.

    (d) This subchapter governs a confidential communication or

    record concerning a survivor regardless of when the survivor

    received the services of an advocate or sexual assault program.

    Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,

    1997, as Sec. 44.071, Health and Safety Code.

    Renumbered from Health and Safety Code, Section 44.071 by Acts

    2007, 80th Leg., Ch.

    921, Sec. 17.001, eff. September 9, 2007.

    Sec. 420.072. EXCEPTIONS. (a) A communication or record that

    is confidential under this subchapter may be disclosed in court

    or in an administrative proceeding if:

    (1) the proceeding is brought by the survivor against an

    advocate or a sexual assault program or is a criminal proceeding

    or a certification revocation proceeding in which disclosure is

    relevant to the claims or defense of the advocate or sexual

    assault program; or

    (2) the survivor or a person authorized to act on behalf of the

    survivor consents in writing to the release of the confidential

    information as provided by Section 420.073.

    (b) A communication or record that is confidential under this

    subchapter may be disclosed only to:

    (1) medical or law enforcement personnel if the advocate

    determines that there is a probability of imminent physical

    danger to any person for whom the communication or record is

    relevant or if there is a probability of immediate mental or

    emotional injury to the survivor;

    (2) a governmental agency if the disclosure is required or

    authorized by law;

    (3) a qualified person to the extent necessary for a management

    audit, financial audit, program evaluation, or research, except

    that a report of the research, audit, or evaluation may not

    directly or indirectly identify a survivor;

    (4) a person who has the written consent of the survivor or of a

    person authorized to act on the survivor's behalf as provided by

    Section 420.073; or

    (5) an advocate or a person under the supervision of a

    counseling supervisor who is participating in the evaluation or

    counseling of or advocacy for the survivor.

    (c) A communication or record that is confidential under this

    subchapter may not be disclosed to a parent or legal guardian of

    a survivor who is a minor if an advocate or a sexual assault

    program knows or has reason to believe that the parent or legal

    guardian of the survivor is a suspect in the sexual assault of

    the survivor.

    Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,

    1997, as Sec. 44.072, Health and Safety Code.

    Renumbered from Health and Safety Code, Section 44.072 by Acts

    2007, 80th Leg., Ch.

    921, Sec. 17.001, eff. September 9, 2007.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    921, Sec. 17.002(3), eff. September 1, 2007.

    Sec. 420.073. CONSENT. (a) Consent for the release of

    confidential information must be in writing and signed by the

    survivor, a parent or legal guardian if the survivor is a minor,

    a legal guardian if the survivor has been adjudicated incompetent

    to manage the survivor's personal affairs, an attorney ad litem

    appointed for the survivor, or a personal representative if the

    survivor is deceased. The written consent must specify:

    (1) the information or records covered by the release;

    (2) the reason or purpose for the release; and

    (3) the person to whom the information is to be released.

    (b) A survivor or other person authorized to consent may

    withdraw consent to the release of information by submitting a

    written notice of withdrawal to the person or program to which

    consent was provided. Withdrawal of consent does not affect

    information disclosed before the date written notice of the

    withdrawal was received.

    (c) A person who receives information made confidential by this

    chapter may not disclose the information except to the extent

    that disclosure is consistent with the authorized purposes for

    which the person obtained the information.

    Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,

    1997, as Sec. 44.073, Health and Safety Code.

    Renumbered from Health and Safety Code, Section 44.073 by Acts

    2007, 80th Leg., Ch.

    921, Sec. 17.001, eff. September 9, 2007.

    Sec. 420.074. CRIMINAL SUBPOENA. Notwithstanding any other

    provision of this chapter, a person shall disclose a

    communication or record that is confidential under this chapter

    for use in a criminal investigation or proceeding in response to

    a subpoena issued in accordance with law.

    Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,

    1997, as Sec. 44.074, Health and Safety Code.

    Renumbered from Health and Safety Code, Section 44.074 by Acts

    2007, 80th Leg., Ch.

    921, Sec. 17.001, eff. September 9, 2007.

    Sec. 420.075. OFFENSE. A person commits an offense if the

    person intentionally or knowingly discloses a communication or

    record that is confidential under this chapter, except as

    provided by this chapter. An offense under this section is a

    Class C misdemeanor.

    Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1,

    1997, as Sec. 44.075, Health and Safety Code.

    Renumbered from Health and Safety Code, Section 44.075 by Acts

    2007, 80th Leg., Ch.

    921, Sec. 17.001, eff. September 9, 2007.

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