87R10597 JSC-D     By: Landgraf H.B. No. 4175       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of strangulation,   rehabilitation of offenders and services for victims of   strangulation, and procedures for law enforcement responding to a   call alleging strangulation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as "Dianna's Law."          SECTION 2.  Chapter 2, Code of Criminal Procedure, is   amended by adding Article 2.33 to read as follows:          Art. 2.33.  PROCEDURES FOR RESPONDING TO CALLS INVOLVING   ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In this article:                (1)  "Emergency medical services personnel" has the   meaning assigned by Section 773.003, Health and Safety Code.                (2)  "Strangulation" means impeding the normal   breathing or circulation of the blood of a person by applying   pressure to the person's throat or neck or by blocking the person's   nose or mouth.          (b)  A peace officer who responds to a call for service that   involves an alleged or suspected act of strangulation shall:                (1)  request assistance from emergency medical   services personnel to evaluate and render aid to the victim of   strangulation;                (2)  request assistance from a licensed clinical social   worker to assess the situation at the scene; and                (3)  provide the victim with referral information to   the appropriate support agency for purposes of receiving additional   assistance.          (c)  Notwithstanding any other law, a peace officer or   licensed clinical social worker summoned to the scene may file an   application on behalf of the victim for:                (1)  a protective order under Title 4, Family Code, or   Chapter 7B of this code; or                (2)  a magistrate's order for emergency protection   under Article 17.292 of this code.          SECTION 3.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.0132 to read as follows:          Art. 42.0132.  FINDING OF STRANGULATION. (a) In this   article, "strangulation" has the meaning assigned by Article 2.33.          (b)  In the trial of an offense under Title 5, Penal Code, if   the court determines that the offense involved strangulation, the   court shall make an affirmative finding of that fact and enter the   affirmative finding in the judgment of the case.          SECTION 4.  Article 42A.504, Code of Criminal Procedure, is   amended by adding Subsection (c-1) to read as follows:          (c-1)  If the court grants community supervision to a   defendant convicted of an offense for which the court has made   affirmative findings under both Articles 42.013 and 42.0132, the   court shall require the defendant to participate in one or more of   the following to prevent recidivism:                (1)  a battering intervention and prevention program or   counseling with a provider of battering intervention and prevention   services if the program or provider has been accredited under   Section 4A, Article 42.141, as conforming to program guidelines   under that article;                (2)  counseling sessions for the elimination of violent   behavior with a licensed counselor, social worker, or other   professional who has completed family violence intervention   training that the community justice assistance division of the   Texas Department of Criminal Justice has approved, after   consultation with the licensing authorities described by Chapters   152, 501, 502, 503, and 505, Occupations Code, and experts in the   field of family violence;                (3)  treatment for substance abuse or chemical   dependency in a program or facility approved or licensed by the   Department of State Health Services; or                (4)  outpatient or inpatient mental health treatment   under Article 42A.506.          SECTION 5.  Subtitle B, Title 2, Health and Safety Code, is   amended by adding Chapter 53 to read as follows:   CHAPTER 53. TASK FORCE ON FAMILY VIOLENCE          Sec. 53.0001.  DEFINITION. In this chapter, "task force"   means the task force on family violence.          Sec. 53.0002.  ESTABLISHMENT; PRESIDING OFFICER. (a) The   task force is composed of seven members appointed by the executive   commissioner.          (b)  The executive commissioner shall appoint a task force   member to serve as presiding officer of the task force.          Sec. 53.0003.  DUTIES OF TASK FORCE. The task force shall   meet at the call of the presiding officer to:                (1)  examine best practices for rehabilitation of   family violence offenders to prevent recidivism;                (2)  examine best practices for supporting victims of   family violence with:                      (A)  counseling and other mental health services;                      (B)  financial, educational, and professional   development resources to support independence from a family   violence offender; and                      (C)  assistance through the legal process; and                (3)  create recommendations for policies that state   agencies and private entities may adopt to assist victims of family   violence.          Sec. 53.0004.  REPORT. Not later than September 1 of each   even-numbered year, the task force shall submit to the governor,   the lieutenant governor, the speaker of the house of   representatives, the presiding officers of the standing committees   of the legislature having primary jurisdiction over health and   human services, the executive commissioner, and the commissioner a   report containing:                (1)  the findings and the legislative, policy, and   research recommendations of the task force; and                (2)  a description of the activities of the task force.          SECTION 6.  Section 19.02, Penal Code, is amended by adding   Subsection (e) to read as follows:          (e)  It is a rebuttable presumption that the actor intends to   cause the death of an individual if the actor causes serious bodily   injury to the individual by impeding the normal breathing or   circulation of the blood of the individual by applying pressure to   the individual's throat or neck or by blocking the person's nose or   mouth.          SECTION 7.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          SECTION 8.  Not later than January 1, 2022, the executive   commissioner of the Health and Human Services Commission shall   appoint the members to the task force on family violence as required   by Section 53.0002, Health and Safety Code, as added by this Act.          SECTION 9.  This Act takes effect September 1, 2021.