By: Alvarado  S.B. No. 1325          (In the Senate - Filed February 28, 2023; March 9, 2023,   read first time and referred to Committee on Criminal Justice;   April 5, 2023, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 7, Nays 0; April 5, 2023,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1325 By:  Whitmire     A BILL TO BE ENTITLED   AN ACT     relating to the notice given to certain victims of family violence,   stalking, harassment, or terroristic threat.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Natalia Cox Act.          SECTION 2.  Subtitle E, Title 2, Human Resources Code, is   amended by adding Chapter 51A to read as follows:   CHAPTER 51A. NOTICE TO VICTIMS OF FAMILY VIOLENCE, STALKING,   HARASSMENT, OR TERRORISTIC THREAT          Sec. 51A.001.  DEFINITIONS. In this chapter:                (1)  "Family" has the meaning assigned by Section   71.003, Family Code.                (2)  "Family violence" has the meaning assigned by   Section 71.004, Family Code.                (3)  "Harassment" means any conduct that constitutes an   offense under Section 42.07, Penal Code.                (4)  "Household" has the meaning assigned by Section   71.005, Family Code.                (5)  "Member of a household" has the meaning assigned   by Section 71.006, Family Code.                (6)  "Stalking" means any conduct that constitutes an   offense under Section 42.072, Penal Code.                (7)  "Terroristic threat" means any conduct that   constitutes an offense under Section 22.07, Penal Code.          Sec. 51A.002.  APPLICABILITY TO VICTIMS OF CERTAIN OFFENSES.     This chapter applies to a victim of family violence, stalking,   harassment, or terroristic threat, including:                (1)  an adult member of a family or household who is   subjected to an act of family violence;                (2)  a member of the household of the adult described by   Subdivision (1), other than the member of the household who commits   the act of family violence; and                (3)  a person who is subjected to conduct constituting   stalking, harassment, or terroristic threat.          Sec. 51A.003.  NOTICE TO VICTIMS. (a) The commission by rule   shall adopt a written notice to be provided to victims of family   violence, stalking, harassment, or terroristic threat to assist   those victims in obtaining services. The commission shall use best   practices in creating the written notice.          (b)  The notice adopted under this section must include the   following in both English and Spanish:                (1)  a statement that it is a criminal offense for any   person, including a member of the family or former member of the   family, to cause physical injury or harm to a victim or to engage in   conduct constituting stalking, harassment, or terroristic threat   toward a victim;                (2)  a list of agencies and social organizations that   the victim may contact for assistance with safety planning,   shelter, or protection;                (3)  contact information for:                      (A)  the National Domestic Violence Hotline;                      (B)  victim support services at the Department of   Public Safety; and                      (C)  the commission's family violence program;   and                (4)  information regarding the legal rights of a   victim, including information regarding:                      (A)  the filing of criminal charges and obtaining   a protective order or a magistrate's order for emergency   protection; and                      (B)  the ability of a tenant who is a victim of   family violence to vacate a dwelling and terminate a residential   lease.          (c)  The notice adopted under this section may include any   other information the commission considers useful to a victim of   family violence, stalking, harassment, or terroristic threat.          (d)  The commission shall periodically update the notice   required under this section.          (e)  The commission shall make the notice adopted under this   section available on the commission's Internet website in both   English and Spanish.          SECTION 3.  Chapter 2, Code of Criminal Procedure, is   amended by adding Article 2.1398 to read as follows:          Art. 2.1398.  DUTIES OF PEACE OFFICER INVESTIGATING   STALKING, HARASSMENT, OR TERRORISTIC THREAT. (a)  In this article:                (1)  "Harassment" means any conduct that constitutes an   offense under Section 42.07, Penal Code.                (2)  "Stalking" means any conduct that constitutes an   offense under Section 42.072, Penal Code.                (3)  "Terroristic threat" means any conduct that   constitutes an offense under Section 22.07, Penal Code.          (b)  A peace officer who investigates an allegation of   stalking, harassment, or terroristic threat shall advise any   possible adult victim of all reasonable means to prevent the   occurrence of further offenses, including by providing the written   notice adopted by the Health and Human Services Commission under   Section 51A.003, Human Resources Code. In addition to the required   notice under this subsection, a peace officer may provide to the   possible victim any available written information regarding local   resources for victims of stalking, harassment, or terroristic   threat.          SECTION 4.  Article 5.04(b), Code of Criminal Procedure, is   amended to read as follows:          (b)  A peace officer who investigates a family violence   allegation or who responds to a disturbance call that may involve   family violence shall advise any possible adult victim of all   reasonable means to prevent further family violence, including by   providing the [giving] written notice adopted by the Health and   Human Services Commission under Section 51A.003, Human Resources   Code [of a victim's legal rights and remedies and of the   availability of shelter or other community services for family   violence victims]. In addition to the required notice under this   subsection, a peace officer may provide to the possible victim any   available written information regarding local resources for   victims of family violence.          SECTION 5.  Subchapter E-3, Chapter 51, Education Code, is   amended by adding Section 51.2825 to read as follows:          Sec. 51.2825.  CERTAIN DUTIES OF CAMPUS PEACE OFFICER   INVESTIGATING FAMILY VIOLENCE, STALKING, HARASSMENT, OR   TERRORISTIC THREAT. (a) In this section:                (1)  "Campus peace officer" means a peace officer   commissioned under Section 51.203 or 51.212.                (2)  "Family violence" has the meaning assigned by   Section 71.004, Family Code.                (3)  "Harassment" means any conduct that constitutes an   offense under Section 42.07, Penal Code.                (4)  "Stalking" means any conduct that constitutes an   offense under Section 42.072, Penal Code.                (5)  "Terroristic threat" means any conduct that   constitutes an offense under Section 22.07, Penal Code.          (b)  A campus peace officer who responds to a disturbance   call that may involve family violence or investigates an allegation   of family violence, stalking, harassment, or terroristic threat   shall advise any possible adult victim of all reasonable means to   prevent the occurrence of further offenses, including by providing   the written notice adopted by the Health and Human Services   Commission under Section 51A.003, Human Resources Code. In   addition to the required notice under this subsection, a campus   peace officer shall provide to the possible victim any available   written information regarding campus and local resources for   victims of family violence, stalking, harassment, or terroristic   threat.          SECTION 6.  Section 91.003, Family Code, is amended to read   as follows:          Sec. 91.003.  INFORMATION PROVIDED BY MEDICAL   PROFESSIONALS.  A medical professional who treats a person for   injuries that the medical professional has reason to believe were   caused by family violence shall:                (1)  immediately provide the person with information   regarding the nearest family violence shelter center;                (2)  document in the person's medical file:                      (A)  the fact that the person has received the   information provided under Subdivision (1); and                      (B)  the reasons for the medical professional's   belief that the person's injuries were caused by family violence;   and                (3)  give the person the [a] written notice adopted by   the Health and Human Services Commission under Section 51A.003,   Human Resources Code [in substantially the following form,   completed with the required information, in both English and   Spanish:   ["It is a crime for any person to cause you any physical injury or   harm even if that person is a member or former member of your family   or household].   ["NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE   ["You may report family violence to a law enforcement officer by   calling the following telephone numbers:   _____________________________.   ["If you, your child, or any other household resident has been   injured or if you feel you are going to be in danger after a law   enforcement officer investigating family violence leaves your   residence or at a later time, you have the right to:          ["Ask the local prosecutor to file a criminal complaint   against the person committing family violence; and          ["Apply to a court for an order to protect you. You may want   to consult with a legal aid office, a prosecuting attorney, or a   private attorney. A court can enter an order that:                ["(1)  prohibits the abuser from committing further   acts of violence;                ["(2)  prohibits the abuser from threatening,   harassing, or contacting you at home;                ["(3)  directs the abuser to leave your household; and                ["(4)  establishes temporary custody of the children or   any property.   ["A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY   BE A FELONY.   ["CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF   YOU NEED PROTECTION: _____________________________."]          SECTION 7.  Article 5.04(c), Code of Criminal Procedure, is   repealed.          SECTION 8.  Not later than December 1, 2023, the Health and   Human Services Commission shall adopt and make available the notice   required by Chapter 51A, Human Resources Code, as added by this Act.          SECTION 9.  Article 2.1398, Code of Criminal Procedure, as   added by this Act, Article 5.04, Code of Criminal Procedure, as   amended by this Act, and Section 51.2825, Education Code, as added   by this Act, apply only to a peace officer's or campus peace   officer's investigation or response that occurs on or after January   1, 2024. An investigation or response that occurs before January 1,   2024, is governed by the law in effect immediately before the   effective date of this Act, and the former law is continued in   effect for that purpose.          SECTION 10.  Section 91.003, Family Code, as amended by this   Act, applies only to medical treatment provided on or after January   1, 2024. Medical treatment provided before January 1, 2024, is   governed by the law in effect immediately before the effective date   of this Act, and the former law is continued in effect for that   purpose.          SECTION 11.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2023.     * * * * *