By: Manuel H.B. No. 2395       A BILL TO BE ENTITLED   AN ACT   relating to the duties of peace officers regarding interactions   with victims of sexual assault.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter I, Chapter 56A, Code of   Criminal Procedure, is amended to read as follows:                SUBCHAPTER I. PEACE OFFICER AND [REQUIRED NOTIFICATIONS   BY] LAW ENFORCEMENT AGENCY DUTIES; VICTIM NOTIFICATIONS          SECTION 2.  Subchapter I, Chapter 56A, Code of Criminal   Procedure, is amended by adding Article 56A.403 to read as follows:          Art. 56A.403.  DUTIES OF PEACE OFFICERS REGARDING VICTIMS OF   SEXUAL ASSAULT. (a)  A peace officer who investigates an incident   involving sexual assault or who responds to a disturbance call that   may involve sexual assault shall:                (1)  provide to the victim a written notice containing   information about the rights of crime victims under Article   56A.052.          (b)  At the initial contact or at the earliest possible time   after the initial contact between a sexual assault victim and the   peace officer responding to the incident or disturbance call about   the offense, the peace officer shall:                (1)  provide to the victim:                      (A)  a written referral to the nearest sexual   assault program as defined by Section 351.251, Local Government   Code; and                      (B)  information about the statewide electronic   tracking system established under Section 420.034, Government   Code;                (2)  offer to request a forensic medical examination on   behalf of the victim in accordance with Article 56A.251;                (3)  coordinate with the local response team, as   defined by Section 351.251, Local Government Code, to provide   continuing care to the victim or to further investigate the   offense; and                (4)  provide to the victim a written notice containing   all of the information required by this article.          (c)  Each law enforcement agency shall consult with a local   sexual assault program or response team, as those terms are defined   by Section 351.251, Local Government Code, to develop the written   notice required by Subsection (b).  The notice must include the   information described by Subsection (d) and may be combined with   the written notice required under Article 56A.401.  At least once   each biennium, the law enforcement agency shall update the notice   required by Subsection (b).          (d)  The notice required by Subsection (b) must be in English   and Spanish and include the current contact information for a   victim assistance coordinator under Article 56A.201 and a crime   victim liaison under Article 56A.203.  The notice is considered   sufficient if it includes the following statements:          "NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT"          "It is a crime for any person to cause you any physical injury   or harm."          "Please tell the investigating peace officer if you have been   injured or if you feel you are going to be in danger when the officer   leaves or at a later time."          "You have the right to:          "(1)  obtain a forensic medical examination within 120 hours   of the assault to collect potential evidence and receive   preventative medications, even if you decide not to make a report   to a law enforcement agency;          "(2)  anonymously track or receive updates regarding the   status and location of each item of evidence collected in your case;          "(3)  have a sexual assault program advocate present during a   forensic medical examination;          "(4)  have a sexual assault program advocate or other   victim's representative present during an investigative interview   with law enforcement;          "(5)  ask the local prosecutor to file a criminal complaint   against the person who assaulted you; and          "(6)  if a defendant is arrested for a crime against you   involving certain sexual crimes, stalking, or trafficking:          "(A)  request an order for emergency protection to be issued   by a magistrate; and          "(B)  apply to a court for a permanent order to protect you   (you should consult a legal aid office, a prosecuting attorney, or a   private attorney)."          "For example, the court can enter an order that prohibits the   person who assaulted you from:          "(1)  committing further acts of violence;          "(2)  threatening, harassing, or contacting you or a member   of your family or household; and          "(3)  going near your place of employment or near a child   care facility or school attended by you or a member of your family   or household."          "You cannot be charged a fee by a court in connection with   filing, serving, or entering a protective order."          "If you have questions about the status of your case or need   assistance, you may contact the crime victim liaison (insert name)   at our agency (law enforcement agency address and victim liaison   phone number)."          "If you would like to speak with someone in the prosecuting   attorney's office, you may reach their victim assistance   coordinator at (address and phone number)."          "Call the following sexual assault program or social service   organization if you need assistance or wish to speak with an   advocate:          "          "                                   ."          "You may receive a sexual assault forensic medical   examination at the following location(s):          "          "                                   ."          "To get help from the National Human Trafficking Hotline:   1-888-373-7888 or text HELP or INFO to BeFree (233733)."          (e)  A sexual assault program may provide a written   description of the program's services to a law enforcement agency,   for use in delivering the written referral required by Subsection   (b).          SECTION 3.  Article 56A.402, Code of Criminal Procedure, is   repealed.          SECTION 4.  The changes in law made by this Act apply only to   a sexual assault reported on or after the effective date of this   Act.  A sexual assault reported before the effective date of this   Act is governed by the law in effect on the date the sexual assault   was reported, and the former law is continued in effect for that   purpose.          SECTION 5.  This Act takes effect September 1, 2023.