84R12144 JSC-D
By: González H.B. No. 3455
A BILL TO BE ENTITLED
AN ACT
relating to the rights of victims of sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.021(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In addition to the rights enumerated in Article 56.02,
if the offense is a sexual assault, the victim, guardian of a
victim, or close relative of a deceased victim is entitled to the
following rights within the criminal justice system:
(1) if requested, the right to a disclosure of
information regarding any evidence that was collected during the
investigation of the offense, unless disclosing the information
would interfere with the investigation or prosecution of the
offense, in which event the victim, guardian, or relative shall be
informed of the estimated date on which that information is
expected to be disclosed;
(2) if requested, the right to a disclosure of
information regarding the status of any analysis being performed of
any evidence that was collected during the investigation of the
offense;
(3) if requested, the right to be notified:
(A) at the time a request is submitted to a crime
laboratory to process and analyze any evidence that was collected
during the investigation of the offense;
(B) at the time of the submission of a request to
compare any biological evidence collected during the investigation
of the offense with DNA profiles maintained in a state or federal
DNA database; and
(C) of the results of the comparison described by
Paragraph (B), unless disclosing the results would interfere with
the investigation or prosecution of the offense, in which event the
victim, guardian, or relative shall be informed of the estimated
date on which those results are expected to be disclosed;
(4) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection;
(5) for the victim of the offense:
(A) [,] testing for acquired immune deficiency
syndrome (AIDS), human immunodeficiency virus (HIV) infection,
antibodies to HIV, or infection with any other probable causative
agent of AIDS; and
(B) accurate and thorough information about
reproductive options and any appropriate referral to a health care
provider or facility;
(6) [to the extent provided by Articles 56.06 and
56.065,] for the victim of the offense, the right to a forensic
medical examination [if,] within 120 [96] hours of the offense[,
the offense is reported to a law enforcement agency or a forensic
medical examination is otherwise conducted] at a health care
facility in the victim's community;
(7) for a victim 18 years of age or older, the right to
determine whether and when to report an assault to law enforcement;
(8) the right to provide information and input to law
enforcement and prosecutors before decisions are made regarding the
case;
(9) in the event that an investigation is closed
without charges being filed or a charge is dismissed, the right to
receive thorough and accurate information about any other legal
options to assist and protect the victim and the victim's family;
(10) the right to be informed about the address
confidentiality program under Subchapter C, the confidentiality of
victim records under Chapter 57, and any other programs available
to protect the victim's personal information;
(11) the right to an interpreter in a nonjudicial
setting related to the case, including for languages other than
English and Spanish; and
(12) the right to a grievance process to investigate
and remedy any violation of this article.
SECTION 2. Chapter 56, Code of Criminal Procedure, is
amended by adding Article 56.022 to read as follows:
Art. 56.022. POLICY REGARDING VICTIMS OF SEXUAL ASSAULT.
It is the policy of this state that a victim of sexual assault be
afforded the following rights:
(1) the right to protection from discrimination in
housing or employment on the basis of the assault;
(2) the right to report or have reported a sexual
assault without being punished by an institution of higher
education;
(3) the right to access all information regarding the
offense, including records not normally subject to public
disclosure;
(4) the right to have the sexual assault investigated
by law enforcement officers competent in trauma-informed
investigation techniques;
(5) the right to be assisted or accompanied by a sexual
assault program advocate during any stage of evidence collection,
law enforcement interaction, court proceedings, or any other
institutional process; and
(6) the right to exercise any rights of victims of
sexual assault regardless of the victim's actual or perceived race,
sex, disability, nationality, language, sexual orientation, gender
identity or expression, occupation, immigration status, amount or
source of income, or criminal record.
SECTION 3. Articles 56.06(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) If a sexual assault is reported to a law enforcement
agency within 120 [96] hours of the assault, the law enforcement
agency, with the consent of the victim, a person authorized to act
on behalf of the victim, or an employee of the Department of Family
and Protective Services, shall request a medical examination of the
victim of the alleged assault for use in the investigation or
prosecution of the offense. [A law enforcement agency may decline
to request a medical examination under this subsection only if the
person reporting the sexual assault has made one or more false
reports of sexual assault to any law enforcement agency and if there
is no other evidence to corroborate the current allegations of
sexual assault.]
(b) If a sexual assault is not reported within the period
described by Subsection (a), on request of the victim and on
receiving the consent described by that subsection the law
enforcement agency shall [may] request a medical examination of a
victim of an alleged sexual assault [as considered appropriate by
the agency].
SECTION 4. Article 56.065, Code of Criminal Procedure, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) The department shall pay the appropriate fees, as set by
attorney general rule, for the forensic portion of the medical
examination and for the evidence collection kit if a physician,
sexual assault examiner, or sexual assault nurse examiner conducts
the forensic portion of the examination within 120 [96] hours after
the alleged sexual assault occurred and the victim chooses to
report the criminally injurious conduct at that time. The attorney
general shall reimburse the department for fees paid under this
subsection.
(d-1) If a physician, sexual assault examiner, or sexual
assault nurse examiner conducts an examination later than 120 hours
after the alleged sexual assault occurred or if the victim chooses
not to report the criminally injurious conduct, the victim may
apply for reimbursement of costs in the manner prescribed by
Subchapter B.
SECTION 5. Article 56.46, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) Subsection (a) does not apply to reimbursement for a
forensic medical examination performed in accordance with
Subchapter B, Chapter 420, Government Code, or for any other
medical care described by Section 323.004, Health and Safety Code,
if the examination or care was provided to the victim of an offense
under Section 21.02, 21.11, 22.011, or 22.021, Penal Code.
SECTION 6. The change in law made by this Act applies only
to victims of criminally injurious conduct occurring on or after
the effective date of this Act. Criminally injurious conduct
occurring before the effective date of this Act is governed by the
law in effect on the date the conduct occurred, and the former law
is continued in effect for that purpose. For purposes of this
section, criminally injurious conduct occurred before the
effective date of this Act if any element of the offense underlying
the conduct occurred before that date.
SECTION 7. This Act takes effect September 1, 2015.