Tex. Code of Crim. Proc. Article 56A.403
Duties of Peace Officers Regarding Victims of Sexual Assault

(a)

A peace officer who investigates an incident involving sexual assault or who responds to a disturbance call that may involve sexual assault shall provide to the victim a written notice containing information about the rights of crime victims under Article 56A.052 (Additional Rights of Victims of Sexual Assault, Indecent Assault, Stalking, or Trafficking).

(b)

At the initial contact or at the earliest possible time after the initial contact between a sexual assault victim and the peace officer responding to the incident or disturbance call about the offense, the peace officer shall:

(1)

provide to the victim:

(A)

a written referral to the nearest sexual assault program as defined by Section 351.251 (Definitions), Local Government Code; and

(B)

information about the statewide electronic tracking system established under Section 420.034 (Statewide Electronic Tracking System), Government Code;

(2)

offer to request a forensic medical examination on behalf of the victim in accordance with Article 56A.251;

(3)

coordinate with the local response team, as defined by Section 351.251 (Definitions), Local Government Code, to provide continuing care to the victim or to further investigate the offense; and

(4)

provide to the victim a written notice containing all of the information required by this article.

(c)

Each law enforcement agency shall consult with a local sexual assault program or response team, as those terms are defined by Section 351.251 (Definitions), Local Government Code, to develop the written notice required by Subsection (b). The notice must include the information described by Subsection (d) and may be combined with the written notice required under Article 56A.401 (Notification of Rights). At least once each biennium, the law enforcement agency shall update the notice required by Subsection (b).

(d)

The notice required by Subsection (b) must be in English and Spanish and include the current contact information for a victim assistance coordinator under Article 56A.201 (Designation of Victim Assistance Coordinator) and a crime victim liaison under Article 56A.203 (Designation of Crime Victim Liaison). The notice is considered sufficient if it includes the following statements:
“NOTICE TO ADULT VICTIMS OF SEXUAL ASSAULT”
“It is a crime for any person to cause you any physical injury or harm.”
“Please tell the investigating peace officer if you have been injured or if you feel you are going to be in danger when the officer leaves or at a later time.”
"You have the right to:
"(1) obtain a forensic medical examination within 120 hours of the assault to collect potential evidence and receive preventative medications, even if you decide not to make a report to a law enforcement agency;
"(2) anonymously track or receive updates regarding the status and location of each item of evidence collected in your case;
"(3) have a sexual assault program advocate present during a forensic medical examination;
"(4) have a sexual assault program advocate or other victim’s representative present during an investigative interview with law enforcement;
"(5) ask the local prosecutor to file a criminal complaint against the person who assaulted you; and
"(6) if a defendant is arrested for a crime against you involving certain sexual crimes, stalking, or trafficking:
"(A) request an order for emergency protection to be issued by a magistrate; and
“(B) apply to a court for a permanent order to protect you (you should consult a legal aid office, a prosecuting attorney, or a private attorney).”
"For example, the court can enter an order that prohibits the person who assaulted you from:
"(1) committing further acts of violence;
"(2) threatening, harassing, or contacting you or a member of your family or household; and
“(3) going near your place of employment or near a child care facility or school attended by you or a member of your family or household.”
“You cannot be charged a fee by a court in connection with filing, serving, or entering a protective order.”
“If you have questions about the status of your case or need assistance, you may contact the crime victim liaison (insert name) at our agency (law enforcement agency address and victim liaison phone number).”
“If you would like to speak with someone in the prosecuting attorney’s office, you may reach their victim assistance coordinator at (address and phone number).”
"Call the following sexual assault program or social service organization if you need assistance or wish to speak with an advocate:
"__________________________________________
“__________________________________________.”
"You may receive a sexual assault forensic medical examination at the following location(s):
"__________________________________________
“__________________________________________.”
“To get help from the National Human Trafficking Hotline: 1-888-373-7888 or text HELP or INFO to BeFree (233733).”

(e)

A sexual assault program may provide a written description of the program’s services to a law enforcement agency, for use in delivering the written referral required by Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 80 (S.B. 806), Sec. 2, eff. September 1, 2023.

Source: Article 56A.403 — Duties of Peace Officers Regarding Victims of Sexual Assault, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­56A.­htm#56A.­403 (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
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Accessed:
Jun. 5, 2024

Art. 56A.403’s source at texas​.gov