87(R) HB 1172 - Enrolled version - Bill Text

	H.B.  No.  1172

	AN ACT
	relating to the rights of victims of sexual assault or other
	prohibited sexual conduct.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    The heading to Article 15.051, Code of Criminal
	Procedure, is amended to read as follows:
	Art.  15.051.    [REQUIRING] POLYGRAPH EXAMINATION OF
	COMPLAINANT PROHIBITED.
	SECTION  2.    Article 15.051(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)    A peace officer or an attorney representing the state
	may not require, request, or take a polygraph examination of a
	person who charges or seeks to charge in a complaint the commission
	of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02,
	Penal Code.
	SECTION  3.    Article 56A.251(a), Code of Criminal Procedure,
	is amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of
	the 86th Legislature, Regular Session, 2019, and is further amended
	to read as follows:
	(a)    If [Except as provided by Subsection (b), if] a sexual
	assault is reported to a law enforcement agency within 120 [96]
	hours after the assault, the law enforcement agency, with the
	consent of the victim of the alleged assault, a person authorized to
	act on behalf of the victim, or an employee of the Department of
	Family and Protective Services, shall request a forensic medical
	examination of the victim for use in the investigation or
	prosecution of the offense.
	SECTION  4.    The heading to Subchapter H, Chapter 56A, Code of
	Criminal Procedure, is amended to read as follows:
	SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
	FORENSIC MEDICAL EXAMINATION OR LAW ENFORCEMENT INTERVIEW
	SECTION  5.    Subchapter H, Chapter 56A, Code of Criminal
	Procedure, is amended by adding Article 56A.3515 to read as
	follows:
	Art.  56A.3515.    PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE
	OR OTHER VICTIM'S REPRESENTATIVE DURING LAW ENFORCEMENT INTERVIEW.
	(a)  Before conducting an investigative interview with a victim
	reporting a sexual assault, other than a victim who is a minor as
	defined by Section 101.003, Family Code, the peace officer
	conducting the interview shall offer the victim the opportunity to
	have an advocate from a sexual assault program, as defined by
	Section 420.003, Government Code, be present with the victim during
	the interview, if the advocate is available at the time of the
	interview.  The advocate must have completed a sexual assault
	training program described by Section 420.011(b), Government Code.
	(b)    If an advocate described by Subsection (a) is not
	available at the time of the interview, the peace officer
	conducting the interview shall offer the victim the opportunity to
	have a crime victim liaison from the law enforcement agency, a peace
	officer who has completed a sexual assault training program
	described by Section 420.011(b), Government Code, or a victim's
	assistance counselor from a state or local agency or other entity be
	present with the victim during the interview.
	(b-1)    The peace officer conducting an investigative
	interview described by Subsection (a) shall make a good faith
	effort to comply with Subsections (a) and (b), except that the
	officer's compliance with those subsections may not unreasonably
	delay or otherwise impede the interview process.
	(c)    An advocate, liaison, officer, or counselor authorized
	to be present during an interview under this article may only
	provide the victim reporting the sexual assault with:
	(1)    counseling and other support services; and
	(2)    information regarding the rights of crime victims
	under Subchapter B.
	(d)    The advocate, liaison, officer, or counselor and the
	sexual assault program or other entity providing the advocate,
	liaison, officer, or counselor may not delay or otherwise impede
	the interview process.
	(e)    A sexual assault program providing an advocate under
	Subsection (a) shall pay all costs associated with providing the
	advocate.  An entity providing a victim's assistance counselor
	under Subsection (b) shall pay all costs associated with providing
	the counselor.
	(f)    A peace officer or law enforcement agency that provides
	an advocate, liaison, officer, or counselor with access to a victim
	reporting a sexual assault is not subject to civil or criminal
	liability for providing that access.
	SECTION  6.    Article 56A.352, Code of Criminal Procedure, is
	amended by amending Subsections (b) and (d) and adding Subsection