TX Code Crim Pro art 56A.052 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 56A - Rights of Crime Victims|Subchapter B. Crime Victims' Rights|Article 56A.052. Additional Rights of Victims of Sexual Assault, Indecent Assault, Stalking, or Trafficking

(a)  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 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:(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 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 at a health care provider.(b)  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.(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 sexual assault, 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:(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 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); 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).(e)  A victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code, is entitled to be informed 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.|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. 787 (H.B. 39), Sec. 10, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 1, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.008(a), eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.009(a), eff. September 1, 2021.|