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.