SB761

SB761 strengthens specified crime-victim notices and participation rights, expands access to support during sexual-assault interviews, and adds a consent-definition cross-reference to the sexual-assault statute. Signed May 27, 2025, it took effect September 1, 2025. Its transition covers criminally injurious conduct occurring on or after that date; if any element of the underlying offense occurred earlier, former law applies. Final law and transition; History.

Before accepting a guilty or no-contest plea, the judge must now ask whether the prosecutor conferred with the victim, guardian or close relative of a deceased victim about the case’s disposition, in addition to the existing victim-impact-statement and plea-notice inquiries. The act expressly allows rights to be asserted individually or through an attorney. The required post-charge notice must explain that the prosecutor does not represent the victim and must describe this way of asserting rights. These provisions do not give victims a veto over a plea agreement or promise a government-paid lawyer. Sections 1, 3 and 6; Earlier plea inquiry; Earlier assertion rule.

When notice is requested, relevant court proceedings—including appellate proceedings—generally require at least five business days’ notice, or notice as soon as reasonably practicable. Cancellations or rescheduling must be communicated as soon as possible. The separate provision covering scheduled proceedings and continuance requests uses the same five-business-day-or-reasonably-practicable standard. The final law does not impose the proposed five-day notice rule for the terms of a plea bargain; that notice remains required “as far as reasonably practical.” Sections 2 and 7–8; Earlier scheduling provision; Plea-notice rule.

For a consenting sexual-assault forensic-exam patient, the person or facility required to offer an available trained advocate must document whether the offer was made, whether an advocate was available and why an offer was not made. The existing offer duty remains subject to availability and emergency-care safeguards. During covered investigative interviews, the offer and good-faith duties now apply to the peace officer or other interviewer; if the program advocate is unavailable, specified alternative support must be offered. Access-related civil/criminal immunity is extended to any individual or entity providing the listed support person access. Sections 4–5; Exam safeguards; Interview framework.

The covered interview victim also has a right to an attorney’s presence, but neither the attorney nor the support arrangements may unreasonably delay or impede the interview. This provision excludes a minor as defined in Family Code 101.003, rather than applying to every child interview. Finally, the sexual-assault statute expressly incorporates the existing definition of consent: “assent in fact, whether express or apparent.” SB761 does not repeal that statute’s specific circumstances establishing lack of consent or its separate child-victim provisions. Sections 5 and 9; Minor definition; Consent definition; Sexual-assault framework.