Representative Provided By Penal Institution

Art. 56A.352. REPRESENTATIVE PROVIDED BY PENAL INSTITUTION. (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. 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. SUBCHAPTER I. PEACE OFFICER AND LAW ENFORCEMENT AGENCY DUTIES; VICTIM NOTIFICATIONS