CHAPTER 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES
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.