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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 56A.352. Representative Provided by Penal Institution - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-56a-352/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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