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Texas Code of Criminal Procedure

§ 56A.3515 — PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE OR OTHER VICTIM'S REPRESENTATIVE DURING LAW ENFORCEMENT INTERVIEW

CR § 56A.3515Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 56A. RIGHTS OF CRIME VICTIMS · Art. H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING FORENSIC MEDICAL EXAMINATION OR LAW ENFORCEMENT INTERVIEW

Statute text

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(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, Family Code, the peace officer or other individual conducting the interview shall offer the victim the opportunity to have an advocate from a sexual assault program, as defined by Section 420.003, 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(b), Government Code.
(b)If an advocate described by Subsection (a) is not available at the time of the interview, the peace officer or other individual 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(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 or other individual 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 or individual's compliance with those subsections may not unreasonably delay or otherwise impede the interview process. (b-2) A victim described by Subsection (a) has the right to have an attorney present during an investigative interview with the victim. The attorney 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 unreasonably delay or otherwise impede the interview process.

Legislative history

Acts 2025, 89th Leg., R.S., Ch. 179 (S.B. 761), Sec. 5, eff. September 1, 2025.

Source: Texas Code of Criminal Procedure § 56A.3515 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.