Section 56A.052 - Additional Rights of Victims of Sexual Assault, Indecent Assault, Stalking, or Trafficking(a)Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 107 If the offense is a sexual assault, a victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system: (1) if requested, the right to a disclosure of information, in the manner provided by Article 5, regarding: (A) any evidence that was collected during the investigation of the offense, unless disclosing the information would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which that information is expected to be disclosed; and (B) the status of any analysis being performed of any evidence described by Paragraph (A); (2) if requested, the right to be notified in the manner provided by Article 56A.0525: (A) at the time a request is submitted to a crime laboratory to process and analyze any evidence that was collected during the investigation of the offense; (B) at the time of the submission of a request to compare any biological evidence collected during the investigation of the offense with DNA profiles maintained in a state or federal DNA database; and (C) of the results of the comparison described by Paragraph (B), unless disclosing the results would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which those results are expected to be disclosed; (3) if requested, the right to counseling regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection; and (4) for the victim, the right to: (A) testing for acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS; and (B) a forensic medical examination as provided by Subchapter G .
(a)[Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1059 ]
A victim, guardian of a victim, or close relative of a deceased victim of an offense under Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal Code, is entitled to the following rights within the criminal justice system: (1) if requested, the right to a disclosure of information regarding: (A) any evidence that was collected during the investigation of the offense, unless disclosing the information would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which that information is expected to be disclosed; and (B) the status of any analysis being performed on any evidence described by Paragraph (A); (2) if requested, the right to be notified: (A) at the time a request is submitted to a crime laboratory to process and analyze any evidence that was collected during the investigation of the offense; (B) at the time of the submission of a request to compare any biological evidence collected during the investigation of the offense with DNA profiles maintained in a state or federal DNA database; and (C) of the results of the comparison described by Paragraph (B), unless disclosing the results would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which those results are expected to be disclosed; (3) if requested, the right to counseling regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection; (4) if requested, the right to be informed about, and confer with the attorney representing the state regarding, the disposition of the offense, including sharing the victim's, guardian's, or relative's views regarding: (A) a decision not to file charges; (B) the dismissal of charges; (C) the use of a pretrial intervention program; or (D) a plea bargain agreement; and (5) for the victim, the right to: (A) testing for acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS; and (B) a forensic medical examination to the extent provided by Subchapters F and G if, within 120 hours of the offense: (i) the offense is reported to a law enforcement agency; or (ii) a forensic medical examination is otherwise conducted by a health care provider. (b)Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 107 A victim, guardian of a victim, or close relative of a deceased victim who requests to be notified under Subsection (a)(2) must provide a current address and phone number to the attorney representing the state and the law enforcement agency that is investigating the offense. The victim, guardian, or relative must inform the attorney representing the state and the law enforcement agency of any change in the address or phone number. The victim, guardian, or relative must provide an e-mail address and update any change in that e-mail address if the victim, guardian, or relative chooses to receive notifications by e-mail. (b)[Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1059 ]
Subject to Subsection (c), a victim, guardian of a victim, or close relative of a deceased victim who requests to be notified or receive information under Subsection (a)(1), (2), or (4) must: (1) provide a current address and phone number to the attorney representing the state and the law enforcement agency that is investigating the offense; and (2) inform the attorney representing the state and the law enforcement agency of any change in the address or phone number. (c) A victim, guardian of a victim, or close relative of a deceased victim may designate a person, including an entity that provides services to victims of an offense described by Subsection (a) , to receive any notice requested under Subsection (a)(2). (d) This subsection applies only to a victim of an offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code. A victim described by this subsection or a parent or guardian of the victim, if the victim is younger than 18 years of age or an adult ward, is entitled to the following rights within the criminal justice system: (1) the right to be informed in the manner provided by Article 56A.0525: (A) that the victim or, if the victim is younger than 18 years of age or an adult ward, the victim's parent or guardian or another adult acting on the victim's behalf may file an application for a protective order under Article 7B.001; (B) of the court in which the application for a protective order may be filed; (C) that, on request of the victim or, if the victim is younger than 18 years of age or an adult ward, on request of the victim's parent or guardian or another adult acting on the victim's behalf, the attorney representing the state may, subject to the Texas Disciplinary Rules of Professional Conduct, file the application for a protective order on behalf of the requestor; and (D) that, subject to the Texas Disciplinary Rules of Professional Conduct, the attorney representing the state generally is required to file the application for a protective order with respect to the victim if the defendant is convicted of or placed on deferred adjudication community supervision for the offense; (2) the right to: (A) request that the attorney representing the state, subject to the Texas Disciplinary Rules of Professional Conduct, file an application for a protective order described by Subdivision (1); and (B) be notified in the manner provided by Article 56A.0525 when the attorney representing the state files an application for a protective order under Article 7B.001; (3) if the victim or the victim's parent or guardian, as applicable, is present when the defendant is convicted or placed on deferred adjudication community supervision, the right to: (A) be given by the court the information described by Subdivision (1), in the manner provided by Article 56A.0525; and (B) file an application for a protective order under Article 7B.001 immediately following the defendant's conviction or placement on deferred adjudication community supervision if the court has jurisdiction over the application; and (4) if the victim or the victim's parent or guardian, as applicable, is not present when the defendant is convicted or placed on deferred adjudication community supervision, the right to be given by the attorney representing the state the information described by Subdivision (1), in the manner provided by Article 56A.0525. (e) A victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code, is entitled to be informed, in the manner provided by Article 56A.0525, that the victim may petition for an order of nondisclosure of criminal history record information under Section 411.0728, Government Code, if the victim: (1) has been convicted of or placed on deferred adjudication community supervision for an offense described by Subsection (a)(1) of that section; and (2) committed that offense solely as a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code. Tex. Code Crim. Proc. § 56A.052
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1059,Sec. 1, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 206,Sec. 3, eff. 9/1/2023, app. only to a sexual assault or other sex offense that is first reported or for which medical care is first sought on or after the effective date of this Act.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 107,Sec. 2, eff. 9/1/2023.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 915,Sec. 4.009, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 915,Sec. 4.008, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 817,Sec. 1, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 787,Sec. 10, eff. 9/1/2021.Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. TBD,Sec. 1.05, eff. 1/1/2021. See Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 787, Sec. 17.