Sec. 323.0052. INFORMATION FORM FOR SEXUAL ASSAULT SURVIVORS WHO HAVE NOT REPORTED ASSAULT. (a) The commission shall develop a standard information form that, as described by Subsection (b), is to be provided to sexual assault survivors who have not given signed, written consent to a health care facility to release the evidence as provided by Section 420.0735, Government Code. The form must include the following information:
(1) the Department of Public Safety's policy regarding storage of evidence of a sexual assault or other sex offense that is collected under Subchapter G, Chapter 56A, Code of Criminal Procedure, including:
(A) a statement that the evidence will be stored until the fifth anniversary of the date on which the evidence was collected before the evidence becomes eligible for destruction; and
(B) the department's procedures regarding the notification of the survivor before a planned destruction of the evidence;
(2) a statement that the survivor may request the release of the evidence to a law enforcement agency and report a sexual assault or other sex offense to the agency at any time;
(3) the name, phone number, and e-mail address of the law enforcement agency with jurisdiction over the offense; and
(4) the name and phone number of a local rape crisis center.
(b) A health care facility that provides care to a sexual assault survivor who has not given consent as described by Subsection (a) shall provide the standard form developed under Subsection (a) to the survivor before the survivor is released from the facility.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 11, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 16, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 10.006, eff. September 1, 2021.
Structure Texas Statutes
Subtitle G - Provision of Services in Certain Facilities
Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault
Subchapter A. Emergency Services for Survivors
Section 323.0015. Safe-Ready Facilities
Section 323.002. Plan for Emergency Services
Section 323.003. Rejection of Plan
Section 323.004. Minimum Standards for Emergency Services
Section 323.0044. Provision of Emergency Services to Certain Adult Sexual Assault Survivors
Section 323.0045. Basic Sexual Assault Forensic Evidence Collection Training
Section 323.005. Information Form
Section 323.0051. Information Form for Sexual Assault Survivors at Certain Facilities
Section 323.0052. Information Form for Sexual Assault Survivors Who Have Not Reported Assault