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Texas statute

Tex. Code Crim. Proc. art. 56A.3515 — Presence of sexual assault program advocate or other victim's representative during law enforcement interview

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 56A: RIGHTS OF CRIME VICTIMS, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 56A.3515

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 56A.3515Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(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. (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) An individual or entity 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.

Official sources

This reference is informational and is not legal advice.