| 1 | 1 | | 87R4937 MEW-D |
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| 2 | 2 | | By: Shaheen H.B. No. 1426 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the forensic medical examination of a victim of sexual |
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| 8 | 8 | | assault who is a minor. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 56A.251, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsections (a) and (c) and adding Subsections |
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| 12 | 12 | | (c-1) and (c-2) and is further amended to conform to Section 3, |
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| 13 | 13 | | Chapter 1037 (H.B. 616), Acts of the 86th Legislature, Regular |
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| 14 | 14 | | Session, 2019, to read as follows: |
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| 15 | 15 | | (a) Except as provided by Subsection (b), if a sexual |
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| 16 | 16 | | assault of a person other than a minor is reported to a law |
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| 17 | 17 | | enforcement agency within 120 [96] hours after the assault, the law |
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| 18 | 18 | | enforcement agency, with the consent of the victim of the alleged |
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| 19 | 19 | | assault, a person authorized to act on behalf of the victim, or an |
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| 20 | 20 | | employee of the Department of Family and Protective Services, shall |
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| 21 | 21 | | request a forensic medical examination of the victim for use in the |
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| 22 | 22 | | investigation or prosecution of the offense. |
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| 23 | 23 | | (c) If a sexual assault of a person other than a minor is not |
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| 24 | 24 | | reported within the period described by Subsection (a), on |
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| 25 | 25 | | receiving the consent described by that subsection a law |
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| 26 | 26 | | enforcement agency may request a forensic medical examination of a |
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| 27 | 27 | | victim of an alleged sexual assault as considered appropriate by |
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| 28 | 28 | | the agency. |
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| 29 | 29 | | (c-1) In this article, "minor" has the meaning assigned by |
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| 30 | 30 | | Section 101.003, Family Code. |
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| 31 | 31 | | (c-2) If the sexual assault of a minor is reported at any |
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| 32 | 32 | | time after the assault, on receiving the consent of the minor's |
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| 33 | 33 | | parent or guardian, an employee of the Department of Family and |
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| 34 | 34 | | Protective Services, or other person with the power to consent to |
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| 35 | 35 | | the medical treatment of the minor, as applicable, a law |
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| 36 | 36 | | enforcement agency shall request a forensic medical examination of |
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| 37 | 37 | | the minor. A law enforcement agency may not decline to request a |
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| 38 | 38 | | forensic medical examination under this subsection. |
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| 39 | 39 | | SECTION 2. The change in law made by this Act applies only |
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| 40 | 40 | | to the report of a sexual assault that is made to a law enforcement |
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| 41 | 41 | | agency on or after the effective date of this Act. The report of a |
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| 42 | 42 | | sexual assault that is made to a law enforcement agency before the |
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| 43 | 43 | | effective date of this Act is governed by the law in effect when the |
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| 44 | 44 | | report was made, and the former law is continued in effect for that |
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| 45 | 45 | | purpose. |
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| 46 | 46 | | SECTION 3. To the extent of any conflict, this Act prevails |
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| 47 | 47 | | over another Act of the 87th Legislature, Regular Session, 2021, |
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| 48 | 48 | | relating to nonsubstantive additions to and corrections in enacted |
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| 49 | 49 | | codes. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2021. |
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