(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.
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.