Texas § LG.351.256 - ADULT SEXUAL ASSAULT RESPONSE PROTOCOL

§ LG.351.256. ADULT SEXUAL ASSAULT RESPONSE PROTOCOL

ADULT SEXUAL ASSAULT RESPONSE PROTOCOL. (a) A response team shall develop a written protocol addressing the coordinated response for adult survivors in the county that includes: (1) the procedures to be used in investigating and prosecuting cases arising from a report of sexual assault; (2) interagency information sharing, in accordance with state and federal law, to ensure the timely exchange of relevant information and enhance the response to survivors; (3) the location and accessibility of sexual assault forensic examinations; (4) information on the availability of and access to medical care when the care is clinically indicated; (5) a requirement to ensure survivors are offered access to sexual assault program advocates, as defined by Section 420.003 , Government Code; (6) information on the availability of and access to mental and behavioral health services; (7) a requirement to ensure that relevant law enforcement agencies notify survivors in a timely manner regarding the status of any criminal case and court proceeding; (8) an assessment of relevant community trends, including drug-facilitated sexual assault, the incidence of predatory date rape, and sex trafficking; (9) a biennial evaluation through sexual assault case reviews of the effectiveness of individual agency and interagency protocols and systems; (10) at least four hours of annual cross-agency training on the dynamics of sexual assault for response team members participating in the quarterly meetings as required by Section 351.254 (c); and (11) procedures for addressing conflicts within the response team and for maintaining the confidentiality of information shared among response team members as required by law. (b) In developing a protocol under this section, the response team: (1) shall consider Chapter 56A , Code of Criminal Procedure; (2) may provide different procedures for use within a particular municipality or area of the county served by the response team; and (3) shall prioritize the health and safety of survivors. (c) The purpose of the protocol developed under this section is to ensure coordination between all agencies involved in sexual assault cases to increase the efficacy of response and to minimize survivor traumatization. The response team shall provide the protocol to each agency in the county that responds to disclosures of sexual assault. (d) Failure to follow a protocol developed under this section does not: (1) constitute the basis for a claim or defense to a civil or criminal action; or (2) preclude the admissibility of evidence. Added by Acts 2021, 87th Leg., R.S., Ch. 568 (S.B. 476 ), Sec. 1, eff. September 1, 2021.