Texas 2019 - 86th Regular

Texas House Bill HB616 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 616
	1	+	By: Neave, et al. (Senate Sponsor - Nelson) H.B. No. 616
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 17, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 0;
	6	+	May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 616 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to reimbursement for a certain portion of a forensic
6	14		medical examination of a sexual assault survivor and for the
7	15		evidence collection kit required for the examination.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Article 56.01, Code of Criminal Procedure, is
10	18		amended by adding Subdivision (2-b) to read as follows:
11	19		(2-b) "Sexual assault examiner" and "sexual assault
12	20		nurse examiner" have the meanings assigned by Section 420.003,
13	21		Government Code.
14	22		SECTION 2. Article 56.021(a), Code of Criminal Procedure,
15	23		is amended to read as follows:
16	24		(a) In addition to the rights enumerated in Article 56.02,
17	25		if the offense is a sexual assault, the victim, guardian of a
18	26		victim, or close relative of a deceased victim is entitled to the
19	27		following rights within the criminal justice system:
20	28		(1) if requested, the right to a disclosure of
21	29		information regarding any evidence that was collected during the
22	30		investigation of the offense, unless disclosing the information
23	31		would interfere with the investigation or prosecution of the
24	32		offense, in which event the victim, guardian, or relative shall be
25	33		informed of the estimated date on which that information is
26	34		expected to be disclosed;
27	35		(2) if requested, the right to a disclosure of
28	36		information regarding the status of any analysis being performed of
29	37		any evidence that was collected during the investigation of the
30	38		offense;
31	39		(3) if requested, the right to be notified:
32	40		(A) at the time a request is submitted to a crime
33	41		laboratory to process and analyze any evidence that was collected
34	42		during the investigation of the offense;
35	43		(B) at the time of the submission of a request to
36	44		compare any biological evidence collected during the investigation
37	45		of the offense with DNA profiles maintained in a state or federal
38	46		DNA database; and
39	47		(C) of the results of the comparison described by
40	48		Paragraph (B), unless disclosing the results would interfere with
41	49		the investigation or prosecution of the offense, in which event the
42	50		victim, guardian, or relative shall be informed of the estimated
43	51		date on which those results are expected to be disclosed;
44	52		(4) if requested, the right to counseling regarding
45	53		acquired immune deficiency syndrome (AIDS) and human
46	54		immunodeficiency virus (HIV) infection;
47	55		(5) for the victim of the offense, testing for
48	56		acquired immune deficiency syndrome (AIDS), human immunodeficiency
49	57		virus (HIV) infection, antibodies to HIV, or infection with any
50	58		other probable causative agent of AIDS; and
51	59		(6) to the extent provided by Articles 56.06 and
52	60		56.065, for the victim of the offense, the right to a forensic
53	61		medical examination if, within 120 [96] hours of the offense, the
54	62		offense is reported to a law enforcement agency or a forensic
55	63		medical examination is otherwise conducted at a health care
56	64		facility.
57	65		SECTION 3. Article 56.06, Code of Criminal Procedure, is
58	66		amended by amending Subsections (a) and (b) and adding Subsections
59	67		(a-1), (b-1), (b-2), (b-3), (b-4), (b-5), (g), and (h) to read as
60	68		follows:
61	69		(a) This article applies to health care facilities
62	70		described by Article 56.065.
63	71		(a-1) If a sexual assault is reported to a law enforcement
64	72		agency within 120 [96] hours of the assault, the law enforcement
65	73		agency, with the consent of the victim, a person authorized to act
66	74		on behalf of the victim, or an employee of the Department of Family
67	75		and Protective Services, shall request a forensic medical
68	76		examination of the victim of the alleged assault for use in the
69	77		investigation or prosecution of the offense. A law enforcement
70	78		agency may decline to request a forensic medical examination under
71	79		this subsection only if the person reporting the sexual assault has
72	80		made one or more false reports of sexual assault to any law
73	81		enforcement agency and if there is no other evidence to corroborate
74	82		the current allegations of sexual assault.
75	83		(b) If a sexual assault is not reported within the period
76	84		described by Subsection (a-1) [(a)], on receiving the consent
77	85		described by that subsection the law enforcement agency may request
78	86		a forensic medical examination of a victim of an alleged sexual
79	87		assault as considered appropriate by the agency.
80	88		(b-1) If a sexual assault is reported to a law enforcement
81	89		agency as provided by Subsection (a-1) or (b), the law enforcement
82	90		agency shall document, in the form and manner required by the
83	91		attorney general, whether the agency requested a forensic medical
84	92		examination. The law enforcement agency shall:
85	93		(1) provide the documentation of the agency's decision
86	94		regarding a request for a forensic medical examination to:
87	95		(A) the health care facility and the sexual
88	96		assault examiner or sexual assault nurse examiner, as applicable,
89	97		who provides services to the victim that are related to the sexual
90	98		assault; and
91	99		(B) the victim or the person who consented to the
92	100		forensic medical examination on behalf of the victim; and
93	101		(2) maintain the documentation of the agency's
94	102		decision in accordance with the agency's record retention policies.
95	103		(b-2) On application to the attorney general, a health care
96	104		facility that provides a forensic medical examination to a sexual
97	105		assault survivor in accordance with this article, or the sexual
98	106		assault examiner or sexual assault nurse examiner who conducts that
99	107		examination, as applicable, is entitled to be reimbursed in an
100	108		amount set by attorney general rule for:
101	109		(1) the reasonable costs of the forensic portion of
102	110		that examination; and
103	111		(2) the evidence collection kit.
104	112		(b-3) The application under Subsection (b-2) must be in the
105	113		form and manner prescribed by the attorney general and must
106	114		include:
107	115		(1) the documentation that the law enforcement agency
108	116		requested the forensic medical examination, as required under
109	117		Subsection (b-1); and
110	118		(2) a complete and itemized bill of the reasonable
111	119		costs of the forensic portion of the examination.
112	120		(b-4) A health care facility or a sexual assault examiner or
113	121		sexual assault nurse examiner, as applicable, who applies for
114	122		reimbursement under Subsection (b-2) shall accept reimbursement
115	123		from the attorney general as payment for the costs unless:
116	124		(1) the health care facility or sexual assault
117	125		examiner or sexual assault nurse examiner, as applicable:
118	126		(A) requests, in writing, additional
119	127		reimbursement from the attorney general; and
120	128		(B) provides documentation in support of the
121	129		additional reimbursement, as reasonably requested by the attorney
122	130		general; and
123	131		(2) the attorney general determines that there is a
124	132		reasonable justification for additional reimbursement.
125	133		(b-5) A health care facility is not entitled to
126	134		reimbursement under this article unless the forensic medical
127	135		examination was conducted at the facility by a physician, sexual
128	136		assault examiner, or sexual assault nurse examiner.
129	137		(g) The attorney general shall adopt rules necessary to
130	138		implement this article.
131	139		(h) On request, the attorney general may provide training to
132	140		a health care facility regarding the process for applying for
133	141		reimbursement under this article.
134	142		SECTION 4. Article 56.065, Code of Criminal Procedure, is
135	143		amended by amending Subsection (c) and adding Subsections (c-1),
136	144		(c-2), (c-3), (c-4), and (l) to read as follows:
137	145		(c) In accordance with Subchapter B, Chapter 420,
138	146		Government Code, and except as provided by Subsection (e), a health
139	147		care facility shall conduct a forensic medical examination of the
140	148		victim of an alleged sexual assault if:
141	149		(1) the victim arrives at the facility within 120 [96]
142	150		hours after the assault occurred;
143	151		(2) the victim consents to the examination; and
144	152		(3) at the time of the examination the victim has not
145	153		reported the assault to a law enforcement agency.
146	154		(c-1) On application to the attorney general, a health care
147	155		facility that provides a forensic medical examination to a sexual
148	156		assault survivor in accordance with this article, or the sexual
149	157		assault examiner or sexual assault nurse examiner who conducts that
150	158		examination, as applicable, within 120 hours after the alleged
151	159		sexual assault occurred is entitled to be reimbursed in an amount
152	160		set by attorney general rule for:
153	161		(1) the reasonable costs of the forensic portion of
154	162		that examination; and
155	163		(2) the evidence collection kit.
156	164		(c-2) The application under Subsection (c-1) must be in the
157	165		form and manner prescribed by the attorney general and must
158	166		include:
159	167		(1) certification that the examination was conducted
160	168		in accordance with the requirements of Subsection (c); and
161	169		(2) a complete and itemized bill of the reasonable
162	170		costs of the forensic portion of the examination.
163	171		(c-3) A health care facility or a sexual assault examiner or
164	172		sexual assault nurse examiner, as applicable, who applies for
165	173		reimbursement under Subsection (c-1) shall accept reimbursement
166	174		from the attorney general as payment for the costs unless:
167	175		(1) the health care facility or sexual assault
168	176		examiner or sexual assault nurse examiner, as applicable:
169	177		(A) requests, in writing, additional
170	178		reimbursement from the attorney general; and
171	179		(B) provides documentation in support of the
172	180		additional reimbursement, as reasonably requested by the attorney
173	181		general; and
174	182		(2) the attorney general determines that there is a
175	183		reasonable justification for additional reimbursement.
176	184		(c-4) A health care facility is not entitled to
177	185		reimbursement under this article unless the forensic medical
178	186		examination was conducted at the facility by a physician, sexual
179	187		assault examiner, or sexual assault nurse examiner.
180	188		(l) On request, the attorney general may provide training to
181	189		a health care facility regarding the process for applying for
182	190		reimbursement under this article.
183	191		SECTION 5. Article 56.54(k), Code of Criminal Procedure, is
184	192		amended to read as follows:
185	193		(k) The attorney general may use the compensation to victims
186	194		of crime fund to:
187	195		(1) reimburse a health care facility or a sexual
188	196		assault examiner or sexual assault nurse examiner for certain costs
189	197		of a forensic medical examination that are incurred by the facility
190	198		or the examiner [reimburse a law enforcement agency for the
191	199		reasonable costs of a forensic medical examination that are
192	200		incurred by the agency] under Article 56.06 or 56.065, as provided
193	201		by those articles; and
194	202		(2) make a payment to or on behalf of an individual for
195	203		the reasonable costs incurred for medical care provided under
196	204		Article 56.06 or 56.065 in accordance with Section 323.004, Health
197	205		and Safety Code.
198	206		SECTION 6. Section 323.005(a), Health and Safety Code, is
199	207		amended to read as follows:
200	208		(a) The department shall develop a standard information
201	209		form for sexual assault survivors that must include:
202	210		(1) a detailed explanation of the forensic medical
203	211		examination required to be provided by law, including a statement
204	212		that photographs may be taken of the genitalia;
205	213		(2) information regarding treatment of sexually
206	214		transmitted infections and pregnancy, including:
207	215		(A) generally accepted medical procedures;
208	216		(B) appropriate medications; and
209	217		(C) any contraindications of the medications
210	218		prescribed for treating sexually transmitted infections and
211	219		preventing pregnancy;
212	220		(3) information regarding drug-facilitated sexual
213	221		assault, including the necessity for an immediate urine test for
214	222		sexual assault survivors who may have been involuntarily drugged;
215	223		(4) information regarding crime victims compensation,
216	224		including:
217	225		(A) a statement that public agencies are
218	226		responsible for paying for the forensic portion of an examination
219	227		conducted under Article 56.06 or 56.065, Code of Criminal
220	228		Procedure, and for the evidence collection kit used in connection
221	229		with the examination and that the health care facility or provider,
222	230		as applicable, is responsible for seeking reimbursement for those
223	231		costs[:
224	232		[(i) a law enforcement agency will pay for
225	233		the forensic portion of an examination requested by the agency
226	234		under Article 56.06, Code of Criminal Procedure, and for the
227	235		evidence collection kit; or
228	236		[(ii) the Department of Public Safety will
229	237		pay the appropriate fees for the forensic portion of an examination
230	238		conducted under Article 56.065, Code of Criminal Procedure, and for
231	239		the evidence collection kit]; and
232	240		(B) [reimbursement] information regarding the
233	241		reimbursement of the survivor for the medical portion of the
234	242		examination;
235	243		(5) an explanation that consent for the forensic
236	244		medical examination may be withdrawn at any time during the
237	245		examination;
238	246		(6) the name and telephone number of sexual assault
239	247		crisis centers statewide; and
240	248		(7) information regarding postexposure prophylaxis
241	249		for HIV infection.
242	250		SECTION 7. Section 323.0051(a), Health and Safety Code, is
243	251		amended to read as follows:
244	252		(a) The department shall develop a standard information
245	253		form for sexual assault survivors who arrive at a health care
246	254		facility that is not a SAFE-ready facility. The information form
247	255		must include:
248	256		(1) information regarding the benefits of a forensic
249	257		medical examination conducted by a sexual assault forensic
250	258		examiner;
251	259		(2) the Internet website address to the department's
252	260		list of SAFE-ready facilities that includes the facilities'
253	261		physical addresses as required by Section 323.008;
254	262		(3) the following statements:
255	263		(A) "As a survivor of sexual assault, you have
256	264		the right to receive a forensic medical examination at this
257	265		hospital emergency room if you are requesting the examination not
258	266		later than 120 [96] hours after the assault.";
259	267		(B) "A report to law enforcement is not required,
260	268		but if you make a report, law enforcement must first authorize the
261	269		examination."; and
262	270		(C) "Call 1-800-656-HOPE to be connected to a
263	271		rape crisis center for free and confidential assistance."; and
264	272		(4) information on the procedure for submitting a
265	273		complaint against the health care facility.
266	274		SECTION 8. The following provisions are repealed:
267	275		(1) Article 56.06(c), Code of Criminal Procedure;
268	276		(2) Articles 56.065(a)(3) and (d), Code of Criminal
269	277		Procedure; and
270	278		(3) Section 420.031(d), Government Code.
271	279		SECTION 9. The change in law made by this Act applies to a
272	280		forensic medical examination that occurs on or after the effective
273	281		date of this Act. A forensic medical examination that occurs before
274	282		the effective date of this Act is governed by the law as it existed
275	283		immediately before that date, and the former law is continued in
276	284		effect for that purpose.
277	285		SECTION 10. This Act takes effect September 1, 2019.
278		-	______________________________ ______________________________
279		-	President of the Senate Speaker of the House
280		-	I certify that H.B. No. 616 was passed by the House on April
281		-	17, 2019, by the following vote: Yeas 141, Nays 0, 2 present, not
282		-	voting; and that the House concurred in Senate amendments to H.B.
283		-	No. 616 on May 24, 2019, by the following vote: Yeas 142, Nays 0, 2
284		-	present, not voting.
285		-	______________________________
286		-	Chief Clerk of the House
287		-	I certify that H.B. No. 616 was passed by the Senate, with
288		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
289		-	0.
290		-	______________________________
291		-	Secretary of the Senate
292		-	APPROVED: __________________
293		-	Date
294		-	__________________
295		-	Governor
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