Texas 2021 - 87th Regular

Texas House Bill HB2462 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2462
	1	+	By: Neave, et al. (Senate Sponsor - Paxton) H.B. No. 2462
	2	+	(In the Senate - Received from the House April 8, 2021;
	3	+	April 12, 2021, read first time and referred to Committee on
	4	+	Criminal Justice; May 21, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	6	+	May 21, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2462 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5		-	relating to the reporting of a sexual assault, to evidence of a
6		-	sexual assault or other sex offense, and to other law enforcement
7		-	procedures occurring with respect to a sexual assault or other sex
8		-	offense.
	13	+	relating to the reporting of a sexual assault and to the collection
	14	+	and submission of evidence with respect to that offense.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Article 56A.052(a), Code of Criminal Procedure,
11	17		is amended to conform to Section 2, Chapter 1037 (H.B. 616), Acts of
12	18		the 86th Legislature, Regular Session, 2019, and is further amended
13	19		to read as follows:
14	20		(a) If the offense is a sexual assault, a victim, guardian
15	21		of a victim, or close relative of a deceased victim is entitled to
16	22		the following rights within the criminal justice system:
17	23		(1) if requested, the right to a disclosure of
18	24		information regarding:
19	25		(A) any evidence that was collected during the
20	26		investigation of the offense, unless disclosing the information
21	27		would interfere with the investigation or prosecution of the
22	28		offense, in which event the victim, guardian, or relative shall be
23	29		informed of the estimated date on which that information is
24	30		expected to be disclosed; and
25	31		(B) the status of any analysis being performed of
26	32		any evidence described by Paragraph (A);
27	33		(2) if requested, the right to be notified:
28	34		(A) at the time a request is submitted to a crime
29	35		laboratory to process and analyze any evidence that was collected
30	36		during the investigation of the offense;
31	37		(B) at the time of the submission of a request to
32	38		compare any biological evidence collected during the investigation
33	39		of the offense with DNA profiles maintained in a state or federal
34	40		DNA database; and
35	41		(C) of the results of the comparison described by
36	42		Paragraph (B), unless disclosing the results would interfere with
37	43		the investigation or prosecution of the offense, in which event the
38	44		victim, guardian, or relative shall be informed of the estimated
39	45		date on which those results are expected to be disclosed;
40	46		(3) if requested, the right to counseling regarding
41	47		acquired immune deficiency syndrome (AIDS) and human
42	48		immunodeficiency virus (HIV) infection; and
43	49		(4) for the victim, the right to:
44	50		(A) testing for acquired immune deficiency
45	51		syndrome (AIDS), human immunodeficiency virus (HIV) infection,
46	52		antibodies to HIV, or infection with any other probable causative
47	53		agent of AIDS; and
48	54		(B) a forensic medical examination to the extent
49	55		provided by Subchapters F and G if, within 120 [96] hours of the
50	56		offense:
51	57		(i) the offense is reported to a law
52	58		enforcement agency; or
53	59		(ii) a forensic medical examination is
54	60		otherwise conducted at a health care provider [facility].
55	61		SECTION 2. Subchapter F, Chapter 56A, Code of Criminal
56	62		Procedure, is amended to conform to Section 3, Chapter 1037 (H.B.
57	63		616), Acts of the 86th Legislature, Regular Session, 2019, by
58	64		adding Article 56A.2505 and further amending that article to read
59	65		as follows:
60	66		Art. 56A.2505. APPLICABILITY. This subchapter applies to
61	67		health care providers described by Article 56A.302.
62	68		SECTION 3. Subchapter F, Chapter 56A, Code of Criminal
63	69		Procedure, is amended by adding Article 56A.2506 to read as
64	70		follows:
65	71		Art. 56A.2506. DEFINITION. In this subchapter, "reported
66	72		sexual assault" means a sexual assault that has been reported to a
67	73		law enforcement agency.
68	74		SECTION 4. Article 56A.251, Code of Criminal Procedure, is
69	75		amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of
70	76		the 86th Legislature, Regular Session, 2019, and is further amended
71	77		to read as follows:
72	78		Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION.
73	79		(a) If [Except as provided by Subsection (b), if] a sexual assault
74	80		is reported to a law enforcement agency within 120 [96] hours after
75	81		the assault, the law enforcement agency, with the consent of the
76	82		victim of the reported [alleged] assault, a person authorized to
77	83		act on behalf of the victim, or an employee of the Department of
78	84		Family and Protective Services, shall request a forensic medical
79	85		examination of the victim for use in the investigation or
80	86		prosecution of the offense.
81	87		(b) If a sexual assault is not reported within the period
82	88		described by Subsection (a) and the victim is a minor as defined by
83	89		Section 101.003, Family Code, on receiving the consent described by
84	90		Subsection (a) or the consent described by Section 32.003 or
85	91		32.005, Family Code, a law enforcement agency shall request a
86	92		forensic medical examination of the victim for use in the
87	93		investigation or prosecution of the offense [A law enforcement
88	94		agency may decline to request a forensic medical examination under
89	95		Subsection (a) only if:
90	96		[(1) the person reporting the sexual assault has made
91	97		one or more false reports of sexual assault to any law enforcement
92	98		agency; and
93	99		[(2) there is no other evidence to corroborate the
94	100		current allegations of sexual assault].
95	101		(c) If a sexual assault is not reported within the period
96	102		described by Subsection (a) and the victim is not a minor as defined
97	103		by Section 101.003, Family Code, on receiving the consent described
98	104		by Subsection (a), [that subsection] a law enforcement agency may
99	105		request a forensic medical examination of a victim of a reported [an
100	106		alleged] sexual assault for use in the investigation or prosecution
101	107		of the offense if:
102	108		(1) based on the circumstances of the reported
103	109		assault, the agency believes a forensic medical examination would
104	110		further that investigation or prosecution; or
105	111		(2) after a medical evaluation by a physician, sexual
106	112		assault examiner, or sexual assault nurse examiner, the physician
107	113		or examiner notifies the agency that a forensic medical examination
108	114		should be conducted [as considered appropriate by the agency].
109	115		(d) If a sexual assault is reported to a law enforcement
110	116		agency as provided by Subsection (a), (b), or (c), the law
111	117		enforcement agency shall document, in the form and manner required
112	118		by the attorney general, whether the agency requested a forensic
113	119		medical examination. The law enforcement agency shall:
114	120		(1) provide the documentation of the agency's decision
115	121		regarding a request for a forensic medical examination to:
116	122		(A) the health care provider and the physician,
117	123		sexual assault examiner, or sexual assault nurse examiner, as
118	124		applicable, who provides services to the victim that are related to
119	125		the sexual assault; and
120	126		(B) the victim or the person who consented to the
121	127		forensic medical examination on behalf of the victim; and
122	128		(2) maintain the documentation of the agency's
123	129		decision in accordance with the agency's record retention policies.
124	130		SECTION 5. Article 56A.252, Code of Criminal Procedure, is
125	131		amended to conform to Sections 3 and 8, Chapter 1037 (H.B. 616),
126	132		Acts of the 86th Legislature, Regular Session, 2019, and is further
127	133		amended to read as follows:
128	134		Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. (a) [A law
129	135		enforcement agency that requests a forensic medical examination
130	136		under Article 56A.251 shall pay all costs of the examination.] On
131	137		application to the attorney general, a health care provider that
132	138		provides a forensic medical examination to a sexual assault
133	139		survivor in accordance with this subchapter, or the [law
134	140		enforcement agency is entitled to be reimbursed for the reasonable
135	141		costs of the examination if the examination was performed by a
136	142		physician or by a] sexual assault examiner or sexual assault nurse
137	143		examiner who conducts that examination, as applicable, is entitled
138	144		to be reimbursed in an amount set by attorney general rule for:
139	145		(1) the reasonable costs of the forensic portion of
140	146		that examination; and
141	147		(2) the evidence collection kit [defined by Section
142	148		420.003, Government Code].
143	149		(b) The application under Subsection (a) must be in the form
144	150		and manner prescribed by the attorney general and must include:
145	151		(1) the documentation that the law enforcement agency
146	152		requested the forensic medical examination, as required under
147	153		Article 56A.251(d); and
148	154		(2) a complete and itemized bill of the reasonable
149	155		costs of the forensic portion of the examination.
150	156		(c) A health care provider or a sexual assault examiner or
151	157		sexual assault nurse examiner, as applicable, who applies for
152	158		reimbursement under Subsection (a) shall accept reimbursement from
153	159		the attorney general as payment for the costs unless:
154	160		(1) the health care provider or the sexual assault
155	161		examiner or sexual assault nurse examiner, as applicable:
156	162		(A) requests, in writing, additional
157	163		reimbursement from the attorney general; and
158	164		(B) provides documentation in support of the
159	165		additional reimbursement, as reasonably requested by the attorney
160	166		general; and
161	167		(2) the attorney general determines that there is a
162	168		reasonable justification for additional reimbursement.
163	169		(d) A health care provider is not entitled to reimbursement
164	170		under this article unless the forensic medical examination was
165	171		conducted by a physician, sexual assault examiner, or sexual
166	172		assault nurse examiner.
167	173		(e) On request, the attorney general may provide training to
168	174		a health care provider regarding the process for applying for
169	175		reimbursement under this article.
170	176		SECTION 6. Article 56A.302, Code of Criminal Procedure, is
171	177		amended to read as follows:
172	178		Art. 56A.302. APPLICABILITY. This subchapter applies to
173	179		the following health care providers [facilities] that provide
174	180		diagnosis or treatment services to victims of sexual assault:
175	181		(1) a general or special hospital licensed under
176	182		Chapter 241, Health and Safety Code;
177	183		(2) a general or special hospital owned by this state;
178	184		(3) an outpatient clinic; and
179	185		(4) a private physician's office.
180	186		SECTION 7. Article 56A.303, Code of Criminal Procedure, is
181	187		amended to conform to Section 4, Chapter 1037 (H.B. 616), Acts of
182	188		the 86th Legislature, Regular Session, 2019, and is further amended
183	189		to read as follows:
184	190		Art. 56A.303. FORENSIC MEDICAL EXAMINATION. (a) In
185	191		accordance with Subchapter B, Chapter 420, Government Code, and
186	192		except as provided by Subsection (b), a health care provider
187	193		[facility] shall conduct a forensic medical examination of a victim
188	194		of a [an alleged] sexual assault if:
189	195		(1) the victim arrives at the provider [facility]
190	196		within 120 [96] hours after the assault occurred;
191	197		(2) the victim consents to the examination; and
192	198		(3) at the time of the examination the victim has not
193	199		reported the assault to a law enforcement agency.
194	200		(b) If a health care provider [facility] does not provide
195	201		diagnosis or treatment services to victims of sexual assault, the
196	202		provider [facility] shall refer a victim of a [an alleged] sexual
197	203		assault who seeks a forensic medical examination under Subsection
198	204		(a) to a health care provider [facility] that provides services to
199	205		those victims.
200	206		(c) A victim of a [an alleged] sexual assault may not be
201	207		required to participate in the investigation or prosecution of an
202	208		offense as a condition of receiving a forensic medical examination
203	209		under this article.
204	210		SECTION 8. Article 56A.304, Code of Criminal Procedure, is
205	211		amended to conform to Sections 4 and 8, Chapter 1037 (H.B. 616),
206	212		Acts of the 86th Legislature, Regular Session, 2019, and is further
207	213		amended to read as follows:
208	214		Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a)
209	215		On application to the [The department shall pay the appropriate
210	216		fees, as set by] attorney general [rule], a health care provider
211	217		that provides [for the forensic portion of] a forensic medical
212	218		examination to a sexual assault survivor in accordance with this
213	219		subchapter, or the [conducted under Article 56A.303(a) and for the
214	220		evidence collection kit if a physician,] sexual assault examiner
215	221		[,] or sexual assault nurse examiner who conducts that [the
216	222		forensic portion of the] examination, as applicable, within 120
217	223		[96] hours after the [alleged] sexual assault occurred is entitled
218	224		to be reimbursed in an amount set by attorney general rule for:
219	225		(1) the reasonable costs of the forensic portion of
220	226		that examination; and
221	227		(2) the evidence collection kit.
222	228		(b) The application under Subsection (a) must be in the form
223	229		and manner prescribed by the attorney general and must include:
224	230		(1) certification that the examination was conducted
225	231		in accordance with the requirements of Article 56A.303(a); and
226	232		(2) a complete and itemized bill of the reasonable
227	233		costs of the forensic portion of the examination [attorney general
228	234		shall reimburse the department for fees paid under Subsection (a)].
229	235		(c) A health care provider or a sexual assault examiner or
230	236		sexual assault nurse examiner, as applicable, who applies for
231	237		reimbursement under Subsection (a) shall accept reimbursement from
232	238		the attorney general as payment for the costs unless:
233	239		(1) the health care provider or sexual assault
234	240		examiner or sexual assault nurse examiner, as applicable:
235	241		(A) requests, in writing, additional
236	242		reimbursement from the attorney general; and
237	243		(B) provides documentation in support of the
238	244		additional reimbursement, as reasonably requested by the attorney
239	245		general; and
240	246		(2) the attorney general determines that there is a
241	247		reasonable justification for additional reimbursement.
242	248		(d) A health care provider is not entitled to reimbursement
243	249		under this article unless the forensic medical examination was
244	250		conducted at the provider by a physician, sexual assault examiner,
245	251		or sexual assault nurse examiner.
246	252		(e) On request, the attorney general may provide training to
247	253		a health care provider regarding the process for applying for
248	254		reimbursement under this article.
249	255		(f) A victim of a [an alleged] sexual assault may not be
250	256		required to pay for:
251	257		(1) the forensic portion of the forensic medical
252	258		examination; or
253	259		(2) the evidence collection kit.
254	260		SECTION 9. Article 56A.307, Code of Criminal Procedure, is
255	261		amended to read as follows:
256	262		Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF
257	263		ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
258	264		Government Code, may develop procedures regarding the submission or
259	265		collection of additional evidence of a [an alleged] sexual assault
260	266		other than through a forensic medical examination as described by
261	267		Article 56A.303(a).
262	268		SECTION 10. Article 56B.453(d), Code of Criminal Procedure,
263	269		is amended to conform to Section 5, Chapter 1037 (H.B. 616), Acts of
264	270		the 86th Legislature, Regular Session, 2019, and is further amended
265	271		to read as follows:
266	272		(d) The attorney general may use the fund to:
267	273		(1) reimburse a health care provider or a sexual
268	274		assault examiner or sexual assault nurse examiner for certain costs
269	275		of a forensic medical examination that are incurred by the provider
270	276		or the examiner [law enforcement agency for the reasonable costs of
271	277		a forensic medical examination that are incurred by the agency]
272	278		under Subchapter F or G, Chapter 56A, as provided by those
273	279		subchapters; and
274	280		(2) make a payment to or on behalf of an individual for
275	281		the reasonable costs incurred for medical care provided under
276	282		Subchapter F or G, Chapter 56A, in accordance with Section 323.004,
277	283		Health and Safety Code.
278		-	SECTION 11. Section 420.003(1-a), Government Code, is
279		-	amended to read as follows:
280		-	(1-a) "Active criminal case" means a case:
281		-	(A) in which:
282		-	(i) a sexual assault or other sex offense
283		-	has been reported to a law enforcement agency; [and]
284		-	(ii) physical evidence of the offense has
285		-	been submitted to the agency or an accredited crime laboratory
286		-	under this chapter for analysis; and
287		-	(iii) the agency documents that an offense
288		-	has been committed and reported; and
289		-	(B) for which:
290		-	(i) the statute of limitations has not run
291		-	with respect to the prosecution of the offense; or
292		-	(ii) a DNA profile was obtained that is
293		-	eligible under Section 420.043 for comparison with DNA profiles in
294		-	the state database or CODIS DNA database.
295		-	SECTION 12. Sections 420.034(a) and (c), Government Code,
296		-	are amended to read as follows:
297		-	(a) For purposes of this section, "evidence" means evidence
298		-	collected during the investigation of a [an alleged] sexual assault
299		-	or other sex offense, including:
300		-	(1) evidence from an evidence collection kit used to
301		-	collect and preserve evidence of a sexual assault or other sex
302		-	offense; and
303		-	(2) other biological evidence of a sexual assault or
304		-	other sex offense.
305		-	(c) The tracking system must:
306		-	(1) include the evidence collection kit and any other
307		-	items collected during the forensic medical examination in relation
308		-	to a sexual assault or other sex offense and submitted for a
309		-	laboratory analysis that is necessary to identify the offender or
310		-	offenders, regardless of whether the evidence is collected in
311		-	relation to an individual who is alive or deceased;
312		-	(2) track the location and status of each item of
313		-	evidence through the criminal justice process, including the
314		-	initial collection of the item of evidence in a forensic medical
315		-	examination, receipt and storage of the item of evidence at a law
316		-	enforcement agency, receipt and analysis of the item of evidence at
317		-	an accredited crime laboratory, and storage and destruction of the
318		-	item of evidence after the item is analyzed;
319		-	(3) [(2)] allow a facility or entity performing a
320		-	forensic medical examination of a survivor, law enforcement agency,
321		-	accredited crime laboratory, prosecutor, or other entity providing
322		-	a chain of custody for an item of evidence to update and track the
323		-	status and location of the item; and
324		-	(4) [(3)] allow a survivor to anonymously track or
325		-	receive updates regarding the status and location of each item of
326		-	evidence collected in relation to the offense.
327		-	SECTION 13. Section 420.045, Government Code, is
328		-	transferred to Section 420.034, Government Code, redesignated as
329		-	Subsection (h), Section 420.034, Government Code, and amended to
330		-	read as follows:
331		-	(h) Not later than December 1 of each year, the department
332		-	[Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF SEXUAL ASSAULT OR
333		-	OTHER SEX OFFENSE. Each law enforcement agency and public
334		-	accredited crime laboratory] shall submit a [quarterly] report to
335		-	the governor, lieutenant governor, speaker of the house of
336		-	representatives, and members of the legislature [department]
337		-	identifying the number of evidence collection kits that have [the
338		-	law enforcement agency has] not yet been submitted for laboratory
339		-	analysis or for which the [crime] laboratory analysis has not yet
340		-	been completed [an analysis], as applicable. The annual report must
341		-	be titled "Statewide Electronic Tracking System Report" and must be
342		-	posted on the department's publicly accessible Internet website.
343		-	SECTION 14. Section 420.035(a), Government Code, as added
344		-	by Chapter 408 (H.B. 8), Acts of the 86th Legislature, Regular
345		-	Session, 2019, is amended to read as follows:
346		-	(a) If a health care facility or other entity that performs
347		-	a medical examination to collect evidence of a sexual assault or
348		-	other sex offense receives signed, written consent to release the
349		-	evidence as provided by Section 420.0735, the facility or entity
350		-	shall:
351		-	(1) promptly notify any law enforcement agency
352		-	investigating the [alleged] offense; and
353		-	(2) not later than two business days after the date the
354		-	examination is performed, enter the identification number of the
355		-	evidence collection kit into the statewide electronic tracking
356		-	system under Section 420.034.
357		-	SECTION 15. Section 420.042, Government Code, is amended by
358		-	adding Subsection (g) to read as follows:
359		-	(g) A law enforcement agency that fails to submit evidence
360		-	of a sexual assault or other sex offense to a public accredited
361		-	crime laboratory within the period required by this section shall
362		-	provide to the department written documentation of the failure,
363		-	including a detailed explanation for the failure. The agency shall
364		-	submit the documentation required by this subsection on or before
365		-	the 30th day after the date on which the agency discovers that the
366		-	evidence was not submitted within the period required by this
367		-	section.
368		-	SECTION 16. Section 420.046, Government Code, is amended to
369		-	read as follows:
370		-	Sec. 420.046. NONCOMPLIANCE. Failure to comply with the
371		-	requirements of Subchapter B or this subchapter may be used to
372		-	determine eligibility for receiving grant funds from the
373		-	department, the office of the governor, or another state agency.
374		-	SECTION 17. Section 420.042(b), Government Code, is
375		-	repealed.
376		-	SECTION 18. To the extent of any conflict, this Act prevails
	284	+	SECTION 11. To the extent of any conflict, this Act prevails
377	285		over another Act of the 87th Legislature, Regular Session, 2021,
378	286		relating to nonsubstantive additions to and corrections in enacted
379	287		codes.
380		-	SECTION 19. The changes in law made by this Act to Chapters
381		-	56A and 56B, Code of Criminal Procedure, apply only to a sexual
382		-	assault reported on or after the effective date of this Act. A
383		-	sexual assault reported before the effective date of this Act is
384		-	governed by the law in effect on the date the sexual assault was
385		-	reported, and the former law is continued in effect for that
	288	+	SECTION 12. The change in law made by this Act applies only
	289	+	to a sexual assault reported on or after the effective date of this
	290	+	Act. A sexual assault reported before the effective date of this
	291	+	Act is governed by the law in effect on the date the sexual assault
	292	+	was reported, and the former law is continued in effect for that
386	293		purpose.
387		-	SECTION 20. The changes in law made by this Act to Section
388		-	420.034(c), Government Code, and Section 420.035(a), Government
389		-	Code, as added by Chapter 408 (H.B. 8), Acts of the 86th
390		-	Legislature, Regular Session, 2019, apply only to sexual assault
391		-	evidence and evidence of other sex offenses collected on or after
392		-	the effective date of this Act. Evidence collected before the
393		-	effective date of this Act is governed by the law in effect on the
394		-	date the evidence was collected, and the former law is continued in
395		-	effect for that purpose.
396		-	SECTION 21. Section 420.042(g), Government Code, as added
397		-	by this Act, applies to evidence of a sexual assault or other sex
398		-	offense in possession of a law enforcement agency on or after the
399		-	effective date of this Act.
400		-	SECTION 22. This Act takes effect September 1, 2021.
401		-	______________________________ ______________________________
402		-	President of the Senate Speaker of the House
403		-	I certify that H.B. No. 2462 was passed by the House on April
404		-	7, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not
405		-	voting; that the House refused to concur in Senate amendments to
406		-	H.B. No. 2462 on May 28, 2021, and requested the appointment of a
407		-	conference committee to consider the differences between the two
408		-	houses; and that the House adopted the conference committee report
409		-	on H.B. No. 2462 on May 30, 2021, by the following vote: Yeas 140,
410		-	Nays 0, 2 present, not voting.
411		-	______________________________
412		-	Chief Clerk of the House
413		-	I certify that H.B. No. 2462 was passed by the Senate, with
414		-	amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
415		-	0; at the request of the House, the Senate appointed a conference
416		-	committee to consider the differences between the two houses; and
417		-	that the Senate adopted the conference committee report on H.B. No.
418		-	2462 on May 30, 2021, by the following vote: Yeas 31, Nays 0.
419		-	______________________________
420		-	Secretary of the Senate
421		-	APPROVED: __________________
422		-	Date
423		-	__________________
424		-	Governor
	294	+	SECTION 13. This Act takes effect September 1, 2021.
	295	+	* * * * *