2005 Texas Government Code CHAPTER 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES

GOVERNMENT CODE

CHAPTER 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 13, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.001 by 
Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 1997.


	§ 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, § 13, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.002 by 
Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 1997.


	§ 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 21.11, 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, § 13, eff. Sept. 1, 1991.  
Amended by Acts 1997, 75th Leg., ch. 775, § 1, eff. Sept. 1, 
1997.  Renumbered from V.T.C.A., Health and Safety Code § 44.003 
and amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.  Amended by Acts 1999, 76th Leg., ch. 62, § 8.08, eff. 
Sept. 1, 1999.


	§ 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, § 13, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.004 and 
amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.


	§ 420.005. GRANTS.  (a) The attorney general may award 
grants to programs for maintaining or expanding existing services.  
A grant may not result in the reduction of the financial support a 
program receives from another source.
	(b)  To be eligible for a grant, a program 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, § 13, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.005 and 
amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.


	§ 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, § 1, eff. Sept. 1, 1997.           


	§ 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, § 13, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.006 and 
amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.


	§ 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 Section 19(e), 
Article 42.12, Code of Criminal Procedure, and Section 508.189, 
Government Code.
	(c)  The legislature may appropriate money deposited to the 
credit of the fund only to the attorney general to finance the grant 
program created by this chapter.

Added by Acts 1993, 73rd Leg., ch. 805, § 12, eff. Aug. 30, 1993.  
Amended by Acts 1997, 75th Leg., ch. 165, § 12.18, eff. Sept. 1, 
1997  Renumbered from V.T.C.A., Health and Safety Code § 44.0061 
and amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.


	§ 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, § 13, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.007 and 
amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.


	§ 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, § 13, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.008 and 
amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.


	§ 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, § 13, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.009 and 
amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.


	§ 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, § 13, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.010 and 
amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.


	§ 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, § 1, eff. Sept. 1, 1997.           


	§ 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, § 1, eff. Sept. 1, 1997.           

SUBCHAPTER B. COLLECTION AND PRESERVATION OF EVIDENCE OF SEX 
OFFENSE


	§ 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, § 1, eff. Aug. 26, 1991.  
Renumbered from V.T.C.A., Health and Safety Code § 44.031 and 
amended by Acts 1997, 75th Leg., ch. 784, § 1, eff. Sept. 1, 
1997.


	§ 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, § 1, eff. May 27, 2005.            

SUBCHAPTER C. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT


	§ 420.051. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.                       

Editorially duplicated from V.T.C.A., Health & Safety Code § 
44.051.  See Historical and Statutory Notes, post.
	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, § 2, eff. Sept. 1, 1997.           

SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONS


	§ 420.071. CONFIDENTIAL COMMUNICATIONS.                                     

Editorially duplicated from V.T.C.A., Health & Safety Code § 
44.071.  See Historical and Statutory Notes, post.
	(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, § 2, eff. Sept. 1, 1997.           


	§ 420.072. EXCEPTIONS.                                                      

Editorially duplicated from V.T.C.A., Health & Safety Code § 
44.072.  See Historical and Statutory Notes, post.
	(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 44.073.
	(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 44.073;  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, § 2, eff. Sept. 1, 1997.           


	§ 420.073. CONSENT.                                                         

Editorially duplicated from V.T.C.A., Health & Safety Code § 
44.073.  See Historical and Statutory Notes, post.
	(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, § 2, eff. Sept. 1, 1997.           


	§ 420.074. CRIMINAL SUBPOENA.                                               

Editorially duplicated from V.T.C.A., Health & Safety Code § 
44.074.  See Historical and Statutory Notes, post.
	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, § 2, eff. Sept. 1, 1997.           


	§ 420.075. OFFENSE.                                                         

Editorially duplicated from V.T.C.A., Health & Safety Code § 
44.075.  See Historical and Statutory Notes, post.
	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, § 2, eff. Sept. 1, 1997.