Tex. Code of Crim. Proc. Article 56A.3515
Presence of Sexual Assault Program Advocate or Other Victim’s Representative During Law Enforcement Interview


(a)

Before conducting an investigative interview with a victim reporting a sexual assault, other than a victim who is a minor as defined by Section 101.003 (Child or Minor; Adult), Family Code, the peace officer conducting the interview shall offer the victim the opportunity to have an advocate from a sexual assault program, as defined by Section 420.003 (Definitions), Government Code, be present with the victim during the interview, if the advocate is available at the time of the interview. The advocate must have completed a sexual assault training program described by Section 420.011 (Certification by Attorney General; Rules)(b), Government Code.

(b)

If an advocate described by Subsection (a) is not available at the time of the interview, the peace officer conducting the interview shall offer the victim the opportunity to have a crime victim liaison from the law enforcement agency, a peace officer who has completed a sexual assault training program described by Section 420.011 (Certification by Attorney General; Rules)(b), Government Code, or a victim’s assistance counselor from a state or local agency or other entity be present with the victim during the interview.

(b-1)

The peace officer conducting an investigative interview described by Subsection (a) shall make a good faith effort to comply with Subsections (a) and (b), except that the officer’s compliance with those subsections may not unreasonably delay or otherwise impede the interview process.

(c)

An advocate, liaison, officer, or counselor authorized to be present during an interview under this article may only provide the victim reporting the sexual assault with:

(1)

counseling and other support services; and

(2)

information regarding the rights of crime victims under Subchapter B.

(d)

The advocate, liaison, officer, or counselor and the sexual assault program or other entity providing the advocate, liaison, officer, or counselor may not delay or otherwise impede the interview process.

(e)

A sexual assault program providing an advocate under Subsection (a) shall pay all costs associated with providing the advocate. An entity providing a victim’s assistance counselor under Subsection (b) shall pay all costs associated with providing the counselor.

(f)

A peace officer or law enforcement agency that provides an advocate, liaison, officer, or counselor with access to a victim reporting a sexual assault is not subject to civil or criminal liability for providing that access.
Added by Acts 2021, 87th Leg., R.S., Ch. 649 (H.B. 1172), Sec. 5, eff. September 1, 2021.

Source: Article 56A.3515 — Presence of Sexual Assault Program Advocate or Other Victim's Representative During Law Enforcement Interview, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­56A.­htm#56A.­3515 (accessed Jun. 5, 2024).

56A.001
Definitions
56A.051
General Rights
56A.052
Additional Rights of Victims of Sexual Assault, Indecent Assault, Stalking, or Trafficking
56A.053
Failure to Provide Right or Service
56A.054
Standing
56A.101
Victim Privacy
56A.102
Victim or Witness Discovery Attendance
56A.151
Victim Impact Statement
56A.152
Recommendations to Ensure Submission of Statement
56A.153
Notification to Court Regarding Release of Defendant with Access to Child Victim
56A.154
Change of Address
56A.155
Discovery of Statement
56A.156
Inspection of Statement by Court
56A.157
Consideration of Statement by Court
56A.158
Defendant Response to Statement
56A.159
Transfer of Statement After Sentencing
56A.160
Survey Plan Regarding Statements
56A.201
Designation of Victim Assistance Coordinator
56A.202
Duties of Victim Assistance Coordinator
56A.203
Designation of Crime Victim Liaison
56A.204
Duties of Crime Victim Liaison
56A.205
Psychological Counseling for Certain Jurors
56A.301
Definitions
56A.302
Applicability
56A.304
Payment of Fees Related to Examination
56A.305
Payment of Costs for Certain Medical Care
56A.306
Procedures for Transfer and Preservation of Evidence
56A.307
Procedures for Submission or Collection of Additional Evidence
56A.308
Confidentiality of Certain Records
56A.309
Rules
56A.351
Presence of Sexual Assault Program Advocate
56A.352
Representative Provided by Penal Institution
56A.401
Notification of Rights
56A.403
Duties of Peace Officers Regarding Victims of Sexual Assault
56A.451
Notification of Rights
56A.452
Notification of Scheduled Court Proceedings
56A.453
Notification of Plea Bargain Agreement
56A.454
Victim Contact Information
56A.501
Definitions
56A.502
Applicability
56A.503
Notification of Release or Escape
56A.504
Notification Regarding Defendant Subject to Electronic Monitoring
56A.505
Notification of Right to Notice
56A.506
Victim or Witness Contact Information
56A.507
Time for Notice
56A.0525
Authorized Form of Notifications
56A.0531
Assertion of Rights
56A.551
Definition
56A.552
Notification of Victim
56A.553
Notification of Witness
56A.554
Request for Notification
56A.555
Notice of Transfer from or Return to Custody
56A.601
Database for Defendant Release Information
56A.602
Victim-offender Mediation
56A.603
Clearinghouse Annual Conference
56A.604
Crime Victim Assistance Standards
56A.3045
Payment of Costs Related to Testimony
56A.3515
Presence of Sexual Assault Program Advocate or Other Victim’s Representative During Law Enforcement Interview

Accessed:
Jun. 5, 2024

Art. 56A.3515’s source at texas​.gov