Highlights 77th Texas Legislature - Senate

CRIMINAL JUSTICE
Offenses
USTICE/Sex Offenders and
77 th Texas Legislature
Uncorroborated Testimony of Certain Victims of Sexual Offenses - H.B. 1209
by Representative Williams
Senate Sponsor: Senator Shapiro
A conviction for sexual assault or aggravated sexual assault is supportable on the uncorroborated
testimony of the victim if the victim informed any person, other than the defendant, of the alleged offense
within one year after the date on which the offense is alleged to have occurred. Currently, only a person
under the age of 18 is exempt from the requirement that the victim tell another person of the alleged
offense. Age is not the only factor that can hinder a victim's ability to tell another of an alleged offense. In
some cases, victims who by reason of age or physical or mental disease, defect, or injury are incapable of
caring for themselves may be unable to report an alleged crime to another person.
Exempts from the requirements that the victim inform another person of sexual assault or aggravated
sexual assault within one year a person who, at the time of the alleged offense, was age 17 or younger,
age 65 or older, or age 18 or older who by reason of age or physical or mental disease, defect, or injury
was substantially unable to satisfy the person's need for food, shelter, medical care, or protection from
harm.
Advocates Present During Medical Exam of Victims of Sexual Assault - H.B. 1234
by Representatives Naishtat and Elvira Reyna
Senate Sponsor: Senator Zaffirini
Requires a physician or other medical services personnel conducting a forensic medical examination of a
person for the collection of evidence for an alleged sexual assault, before conducting the examination, to
offer the person the opportunity to have an advocate from a sexual assault program who has completed a
sexual assault training program to be present during the examination, if the advocate is available at the
time of the examination.
Requires a penal institution, if a person 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, to provide, at the person's request, a
representative to be present with the person at any forensic medical examination for the purpose of
collecting and preserving evidence related to the investigation or prosecution of the alleged assault.
Requires the representative to be approved by the penal institution and to be a psychologist, sociologist,
chaplain, social worker, case manager, or volunteer who has completed a sexual assault training program
described by state law.
Authorizes the advocate or representative to only provide the injured person with counseling and other
support services and information regarding the rights of crime victims.
Prohibits the advocate, the sexual assault program, or the representative from delaying or impeding the
screening or stabilization of an emergency medical condition.
Senate Research Center 68