Subtitle C. Reporting Family Violence

Subtitle C. Reporting Family Violence

Ch. 91. Reporting Family Violence

91.001. Definitions

91.002. Reporting by Witnesses Encouraged

91.003. Information Provided by Medical Professionals

91.004. Application of Subtitle

Ch. 92. Immunity

92.001. Immunity

Title 4: Protective Orders and Family Violence

Subtitle C. Reporting Family Violence

Ch. 91. Reporting Family Violence

Sec. 91.001. DEFINITIONS.

In this subtitle:

(1) "Family violence" has the meaning assigned by Section 71.004.

(2) "Medical professional" means a licensed doctor, nurse, physician assistant, or emergency medical technician.

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Sec. 91.002. REPORTING BY WITNESSES ENCOURAGED.

A person who witnesses family violence is encouraged to report the family violence to a local law enforcement agency.

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Sec. 91.003. INFORMATION PROVIDED BY MEDICAL PROFESSIONALS.

A medical professional who treats a person for injuries that the medical professional has reason to believe were caused by family violence shall:

(1) immediately provide the person with information regarding the nearest family violence shelter center;

(2) document in the person's medical file:

(A) the fact that the person has received the information provided under Subdivision (1); and

(B) the reasons for the medical professional's belief that the person's injuries were caused by family violence; and

(3) give the person a written notice in substantially the following form, completed with the required information, in both English and Spanish:

"It is a crime for any person to cause you any physical injury or harm even if that person is a member or former member of your family or household.

"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE

"You may report family violence to a law enforcement officer by calling the following telephone numbers: _____________________________.

"If you, your child, or any other household resident has been injured or if you feel you are going to be in danger after a law enforcement officer investigating family violence leaves your residence or at a later time, you have the right to:

"Ask the local prosecutor to file a criminal complaint against the person committing family violence; and

"Apply to a court for an order to protect you. You may want to consult with a legal aid office, a prosecuting attorney, or a private attorney. A court can enter an order that:

"(1) prohibits the abuser from committing further acts of violence;

"(2) prohibits the abuser from threatening, harassing, or contacting you at home;

"(3) directs the abuser to leave your household; and

"(4) establishes temporary custody of the children or any property.

"A VIOLATION OF CERTAIN PROVISIONS OF COURT–ORDERED PROTECTION MAY BE A FELONY.

"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF YOU NEED PROTECTION: _____________________________."

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Sec. 91.004. APPLICATION OF SUBTITLE.

This subtitle does not affect a duty to report child abuse under Chapter 261.

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Ch. 92. Immunity

Sec. 92.001. IMMUNITY.

(a) Except as provided by Subsection (b), a person who reports family violence under Section 91.002 or provides information under Section 91.003 is immune from civil liability that might otherwise be incurred or imposed.

(b) A person who reports the person's own conduct or who otherwise reports family violence in bad faith is not protected from liability under this section.

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