Tex. Code Crim. Proc. art. 56A.352 · Subchapter H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING FORENSIC MEDICAL EXAMINATION OR LAW ENFORCEMENT INTERVIEW
REPRESENTATIVE PROVIDED BY PENAL INSTITUTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this article, "penal institution" has the meaning assigned by Section 1.07, Penal Code.
(b) If a victim alleging to have sustained injuries as the victim of a sexual assault was confined in a penal institution at the time of the alleged assault, the penal institution shall provide, at the victim's request, a representative to be present with the victim:
(1) at any forensic medical examination conducted for the purpose of collecting and preserving evidence related to the investigation or prosecution of the alleged assault; and
(2) during an investigative interview conducted by a peace officer in relation to the investigation of the alleged assault.
(b-1) The representative provided by the penal institution under Subsection (b) must:
(1) be approved by the penal institution; and
(2) be a:
(A) psychologist;
(B) sociologist;
(C) chaplain;
(D) social worker;
(E) case manager; or
(F) volunteer who has completed a sexual assault training program described by Section 420.011(b), Government Code.
(c) A representative may only provide the victim with:
(1) counseling and other support services; and
(2) information regarding the rights of crime victims under Subchapter B.
(d) A representative may not delay or otherwise impede:
(1) the screening or stabilization of an emergency medical condition; or
(2) the interview process.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.05, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 649 (H.B. 1172), Sec. 6, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.56A.htm
- Text hash
- sha256 6ace1bc01dcc6049ec4d2890f2d177edca363d7d8af70e66d98d26663f5c948d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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