By: Neave, et al. (Senate Sponsor - Paxton) H.B. No. 2462
(In the Senate - Received from the House April 8, 2021;
April 12, 2021, read first time and referred to Committee on
Criminal Justice; May 21, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 21, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2462 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of a sexual assault and to the collection
and submission of evidence with respect to that offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56A.052(a), Code of Criminal Procedure,
is amended to conform to Section 2, Chapter 1037 (H.B. 616), Acts of
the 86th Legislature, Regular Session, 2019, and is further amended
to read as follows:
(a) If the offense is a sexual assault, a 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:
(A) 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; and
(B) the status of any analysis being performed of
any evidence described by Paragraph (A);
(2) 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;
(3) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection; and
(4) for the victim, the right to:
(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) a forensic medical examination to the extent
provided by Subchapters F and G if, within 120 [96] hours of the
offense:
(i) the offense is reported to a law
enforcement agency; or
(ii) a forensic medical examination is
otherwise conducted at a health care provider [facility].
SECTION 2. Subchapter F, Chapter 56A, Code of Criminal
Procedure, is amended to conform to Section 3, Chapter 1037 (H.B.
616), Acts of the 86th Legislature, Regular Session, 2019, by
adding Article 56A.2505 and further amending that article to read
as follows:
Art. 56A.2505. APPLICABILITY. This subchapter applies to
health care providers described by Article 56A.302.
SECTION 3. Subchapter F, Chapter 56A, Code of Criminal
Procedure, is amended by adding Article 56A.2506 to read as
follows:
Art. 56A.2506. DEFINITION. In this subchapter, "reported
sexual assault" means a sexual assault that has been reported to a
law enforcement agency.
SECTION 4. Article 56A.251, Code of Criminal Procedure, is
amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of
the 86th Legislature, Regular Session, 2019, and is further amended
to read as follows:
Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION.
(a) If [Except as provided by Subsection (b), if] a sexual assault
is reported to a law enforcement agency within 120 [96] hours after
the assault, the law enforcement agency, with the consent of the
victim of the reported [alleged] assault, a person authorized to
act on behalf of the victim, or an employee of the Department of
Family and Protective Services, shall request a forensic medical
examination of the victim for use in the investigation or
prosecution of the offense.
(b) If a sexual assault is not reported within the period
described by Subsection (a) and the victim is a minor as defined by
Section 101.003, Family Code, on receiving the consent described by
Subsection (a) or the consent described by Section 32.003 or
32.005, Family Code, a law enforcement agency shall request a
forensic medical examination of the victim for use in the
investigation or prosecution of the offense [A law enforcement
agency may decline to request a forensic medical examination under
Subsection (a) only if:
[(1) the person reporting the sexual assault has made
one or more false reports of sexual assault to any law enforcement
agency; and
[(2) there is no other evidence to corroborate the
current allegations of sexual assault].
(c) If a sexual assault is not reported within the period
described by Subsection (a) and the victim is not a minor as defined
by Section 101.003, Family Code, on receiving the consent described
by Subsection (a), [that subsection] a law enforcement agency may
request a forensic medical examination of a victim of a reported [an
alleged] sexual assault for use in the investigation or prosecution
of the offense if:
(1) based on the circumstances of the reported
assault, the agency believes a forensic medical examination would
further that investigation or prosecution; or
(2) after a medical evaluation by a physician, sexual
assault examiner, or sexual assault nurse examiner, the physician
or examiner notifies the agency that a forensic medical examination
should be conducted [as considered appropriate by the agency].
(d) If a sexual assault is reported to a law enforcement
agency as provided by Subsection (a), (b), or (c), the law
enforcement agency shall document, in the form and manner required
by the attorney general, whether the agency requested a forensic
medical examination. The law enforcement agency shall:
(1) provide the documentation of the agency's decision
regarding a request for a forensic medical examination to:
(A) the health care provider and the physician,
sexual assault examiner, or sexual assault nurse examiner, as
applicable, who provides services to the victim that are related to
the sexual assault; and
(B) the victim or the person who consented to the
forensic medical examination on behalf of the victim; and
(2) maintain the documentation of the agency's
decision in accordance with the agency's record retention policies.
SECTION 5. Article 56A.252, Code of Criminal Procedure, is
amended to conform to Sections 3 and 8, Chapter 1037 (H.B. 616),
Acts of the 86th Legislature, Regular Session, 2019, and is further
amended to read as follows:
Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. (a) [A law
enforcement agency that requests a forensic medical examination
under Article 56A.251 shall pay all costs of the examination.] On
application to the attorney general, a health care provider that
provides a forensic medical examination to a sexual assault
survivor in accordance with this subchapter, or the [law
enforcement agency is entitled to be reimbursed for the reasonable
costs of the examination if the examination was performed by a
physician or by a] sexual assault examiner or sexual assault nurse
examiner who conducts that examination, as applicable, is entitled
to be reimbursed in an amount set by attorney general rule for:
(1) the reasonable costs of the forensic portion of
that examination; and
(2) the evidence collection kit [defined by Section
420.003, Government Code].
(b) The application under Subsection (a) must be in the form
and manner prescribed by the attorney general and must include:
(1) the documentation that the law enforcement agency
requested the forensic medical examination, as required under
Article 56A.251(d); and
(2) a complete and itemized bill of the reasonable
costs of the forensic portion of the examination.
(c) A health care provider or a sexual assault examiner or
sexual assault nurse examiner, as applicable, who applies for
reimbursement under Subsection (a) shall accept reimbursement from
the attorney general as payment for the costs unless:
(1) the health care provider or the sexual assault
examiner or sexual assault nurse examiner, as applicable:
(A) requests, in writing, additional
reimbursement from the attorney general; and
(B) provides documentation in support of the
additional reimbursement, as reasonably requested by the attorney
general; and
(2) the attorney general determines that there is a
reasonable justification for additional reimbursement.
(d) A health care provider is not entitled to reimbursement
under this article unless the forensic medical examination was
conducted by a physician, sexual assault examiner, or sexual
assault nurse examiner.
(e) On request, the attorney general may provide training to
a health care provider regarding the process for applying for
reimbursement under this article.
SECTION 6. Article 56A.302, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.302. APPLICABILITY. This subchapter applies to
the following health care providers [facilities] that provide
diagnosis or treatment services to victims of sexual assault:
(1) a general or special hospital licensed under
Chapter 241, Health and Safety Code;
(2) a general or special hospital owned by this state;
(3) an outpatient clinic; and
(4) a private physician's office.
SECTION 7. Article 56A.303, Code of Criminal Procedure, is
amended to conform to Section 4, Chapter 1037 (H.B. 616), Acts of
the 86th Legislature, Regular Session, 2019, and is further amended
to read as follows:
Art. 56A.303. FORENSIC MEDICAL EXAMINATION. (a) In
accordance with Subchapter B, Chapter 420, Government Code, and
except as provided by Subsection (b), a health care provider
[facility] shall conduct a forensic medical examination of a victim
of a [an alleged] sexual assault if:
(1) the victim arrives at the provider [facility]
within 120 [96] hours after the assault occurred;
(2) the victim consents to the examination; and
(3) at the time of the examination the victim has not
reported the assault to a law enforcement agency.
(b) If a health care provider [facility] does not provide
diagnosis or treatment services to victims of sexual assault, the
provider [facility] shall refer a victim of a [an alleged] sexual
assault who seeks a forensic medical examination under Subsection
(a) to a health care provider [facility] that provides services to
those victims.
(c) A victim of a [an alleged] sexual assault may not be
required to participate in the investigation or prosecution of an
offense as a condition of receiving a forensic medical examination
under this article.
SECTION 8. Article 56A.304, Code of Criminal Procedure, is
amended to conform to Sections 4 and 8, Chapter 1037 (H.B. 616),
Acts of the 86th Legislature, Regular Session, 2019, and is further
amended to read as follows:
Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a)
On application to the [The department shall pay the appropriate
fees, as set by] attorney general [rule], a health care provider
that provides [for the forensic portion of] a forensic medical
examination to a sexual assault survivor in accordance with this
subchapter, or the [conducted under Article 56A.303(a) and for the
evidence collection kit if a physician,] sexual assault examiner
[,] or sexual assault nurse examiner who conducts that [the
forensic portion of the] examination, as applicable, within 120
[96] hours after the [alleged] sexual assault occurred is entitled
to be reimbursed in an amount set by attorney general rule for:
(1) the reasonable costs of the forensic portion of
that examination; and
(2) the evidence collection kit.
(b) The application under Subsection (a) must be in the form
and manner prescribed by the attorney general and must include:
(1) certification that the examination was conducted
in accordance with the requirements of Article 56A.303(a); and
(2) a complete and itemized bill of the reasonable
costs of the forensic portion of the examination [attorney general
shall reimburse the department for fees paid under Subsection (a)].
(c) A health care provider or a sexual assault examiner or
sexual assault nurse examiner, as applicable, who applies for
reimbursement under Subsection (a) shall accept reimbursement from
the attorney general as payment for the costs unless:
(1) the health care provider or sexual assault
examiner or sexual assault nurse examiner, as applicable:
(A) requests, in writing, additional
reimbursement from the attorney general; and
(B) provides documentation in support of the
additional reimbursement, as reasonably requested by the attorney
general; and
(2) the attorney general determines that there is a
reasonable justification for additional reimbursement.
(d) A health care provider is not entitled to reimbursement
under this article unless the forensic medical examination was
conducted at the provider by a physician, sexual assault examiner,
or sexual assault nurse examiner.
(e) On request, the attorney general may provide training to
a health care provider regarding the process for applying for
reimbursement under this article.
(f) A victim of a [an alleged] sexual assault may not be
required to pay for:
(1) the forensic portion of the forensic medical
examination; or
(2) the evidence collection kit.
SECTION 9. Article 56A.307, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF
ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
Government Code, may develop procedures regarding the submission or
collection of additional evidence of a [an alleged] sexual assault
other than through a forensic medical examination as described by
Article 56A.303(a).
SECTION 10. Article 56B.453(d), Code of Criminal Procedure,
is amended to conform to Section 5, Chapter 1037 (H.B. 616), Acts of
the 86th Legislature, Regular Session, 2019, and is further amended
to read as follows:
(d) The attorney general may use the fund to:
(1) reimburse a health care provider or a sexual
assault examiner or sexual assault nurse examiner for certain costs
of a forensic medical examination that are incurred by the provider
or the examiner [law enforcement agency for the reasonable costs of
a forensic medical examination that are incurred by the agency]
under Subchapter F or G, Chapter 56A, as provided by those
subchapters; and
(2) make a payment to or on behalf of an individual for
the reasonable costs incurred for medical care provided under
Subchapter F or G, Chapter 56A, in accordance with Section 323.004,
Health and Safety Code.
SECTION 11. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 12. The change in law made by this Act applies only
to a sexual assault reported on or after the effective date of this
Act. A sexual assault reported before the effective date of this
Act is governed by the law in effect on the date the sexual assault
was reported, and the former law is continued in effect for that
purpose.
SECTION 13. This Act takes effect September 1, 2021.
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