S.B. No. 761 aims to enhance the rights of victims of sexual assault within the Texas criminal justice system and introduces new provisions for the enforcement of these rights. Key amendments include requirements for courts to inquire about victim impact statements and ensure that victims or their representatives are informed about plea bargain agreements and court proceedings. Specifically, the bill mandates that the attorney representing the state must notify victims at least five business days before court proceedings and provide information regarding the status of their cases, including any changes to scheduled hearings. Additionally, the bill clarifies that victims have the right to have an attorney present during investigative interviews and outlines the responsibilities of law enforcement and healthcare facilities in providing access to advocates for victims.

The legislation also introduces a civil penalty for violations of victims' rights and specifies that individuals or entities providing access to advocates during forensic medical examinations or investigative interviews are not liable for civil or criminal actions. Furthermore, the bill defines "consent" in relation to sexual assault offenses and establishes that the changes in law will apply only to incidents occurring on or after the effective date of the Act, which is set for September 1, 2025. Overall, S.B. No. 761 seeks to strengthen protections for victims and ensure their voices are heard throughout the legal process.

Statutes affected:
Enrolled: Penal Code 22.011 (Penal Code 22)