 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
GOVERNMENT CODE |
|
Title 4. EXECUTIVE BRANCH |
|
Subtitle B. LAW ENFORCEMENT AND PUBLIC PROTECTION |
|
Chapter 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES |
|
Subchapter D. CONFIDENTIAL COMMUNICATIONS |
Sec. 420.072. EXCEPTIONS
-
(a) A communication, a record, or evidence that is confidential under this subchapter may be disclosed in court or in an administrative proceeding if:
(1) the proceeding is brought by the survivor against an advocate or a sexual assault program or is a criminal proceeding or a certification revocation proceeding in which disclosure is relevant to the claims or defense of the advocate or sexual assault program; or
(2) the survivor or other appropriate person consents in writing to the disclosure as provided by Section 420.073 or 420.0735, as applicable.
(b) A communication, a record, or evidence that is confidential under this subchapter may be disclosed only to:
(1) medical or law enforcement personnel if the advocate determines that there is a probability of imminent physical danger to any person for whom the communication, record, or evidence is relevant or if there is a probability of immediate mental or emotional injury to the survivor;
(2) a governmental agency if the disclosure is required or authorized by law;
(3) a qualified person to the extent necessary for a management audit, financial audit, program evaluation, or research, except that a report of the research, audit, or evaluation may not directly or indirectly identify a survivor;
(4) a person authorized to receive the disclosure as a result of written consent obtained under Section 420.073 or 420.0735; or
(5) an advocate or a person under the supervision of a counseling supervisor who is participating in the evaluation or counseling of or advocacy for the survivor.
(c) A communication, a record, or evidence that is confidential under this subchapter may not be disclosed to a parent or legal guardian of a survivor who is a minor if an advocate or a sexual assault program knows or has reason to believe that the parent or legal guardian of the survivor is a suspect in the sexual assault of the survivor.