Texas 2021 - 87th Regular

Texas House Bill HB3917 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: A. Johnson of Harris H.B. No. 3917
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the rights of victims of sexual assault.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 38, Code of Criminal Procedure, is
9	9	amended by adding 38.435 to read as follows:
10	10	Art. 38.435. PROHIBITED USE OF EVIDENCE FROM SEXUAL ASSAULT
11	11	EXAMINATION. Evidence collected during a forensic medical
12	12	examination conducted under Subchapter F or G, Chapter 56A, may not
13	13	be used to investigate or prosecute a misdemeanor offense, or an
14	14	offense under Subchapter D, Chapter 481, Health and Safety Code,
15	15	alleged to have been committed by the victim from whom the evidence
16	16	was collected.
17	17	SECTION 2. Section 323.004(b), Health and Safety Code, is
18	18	amended to read as follows:
19	19	(b) A health care facility providing care to a sexual
20	20	assault survivor shall provide the survivor with:
21	21	(1) subject to Subsection (b-1), a forensic medical
22	22	examination in accordance with Subchapter B, Chapter 420,
23	23	Government Code, if the examination has been requested by a law
24	24	enforcement agency under Subchapter F, Chapter 56A, Code of
25	25	Criminal Procedure, or is conducted under Subchapter G, Chapter
26	26	56A, Code of Criminal Procedure;
27	27	(2) a private area, if available, to wait or speak with
28	28	the appropriate medical, legal, or sexual assault crisis center
29	29	staff or volunteer until a physician, nurse, or physician assistant
30	30	is able to treat the survivor;
31	31	(3) access to a sexual assault program advocate, if
32	32	available, as provided by Subchapter H, Chapter 56A, Code of
33	33	Criminal Procedure;
34	34	(4) the information form required by Section 323.005;
35	35	(5) a private treatment room, if available;
36	36	(6) if indicated by the history of contact, access to
37	37	appropriate prophylaxis for exposure to sexually transmitted
38	38	infections; [and]
39	39	(7) the name and telephone number of the nearest
40	40	sexual assault crisis center; and
41	41	(8) if the health care facility has shower facilities,
42	42	access to a shower at no cost to the survivor after the examination
43	43	described by Subdivision (1).
44	44	SECTION 3. Section 323.005(a), Health and Safety Code, as
45	45	amended by Chapters 408 (H.B. 8), 469 (H.B. 4173), and 1037 (H.B.
46	46	616), Acts of the 86th Legislature, Regular Session, 2019, is
47	47	reenacted, amended to conform to Chapter 469 (H.B. 4173), Acts of
48	48	the 86th Legislature, Regular Session, 2019, and further amended to
49	49	read as follows:
50	50	(a) The department shall develop a standard information
51	51	form for sexual assault survivors that must include:
52	52	(1) a detailed explanation of the forensic medical
53	53	examination required to be provided by law, including a statement
54	54	that photographs may be taken of the genitalia;
55	55	(2) information regarding treatment of sexually
56	56	transmitted infections and pregnancy, including:
57	57	(A) generally accepted medical procedures;
58	58	(B) appropriate medications; and
59	59	(C) any contraindications of the medications
60	60	prescribed for treating sexually transmitted infections and
61	61	preventing pregnancy;
62	62	(3) information regarding drug-facilitated sexual
63	63	assault, including the necessity for an immediate urine test for
64	64	sexual assault survivors who may have been involuntarily drugged;
65	65	(4) information regarding crime victims compensation,
66	66	including:
67	67	(A) a statement that public agencies are
68	68	responsible for paying for the forensic portion of an examination
69	69	conducted under Subchapter F or G, Chapter 56A [Article 56.06 or
70	70	56.065], Code of Criminal Procedure, and for the evidence
71	71	collection kit used in connection with the examination and that the
72	72	health care facility or provider, as applicable, is responsible for
73	73	seeking reimbursement for those costs; and
74	74	(B) information regarding the reimbursement of
75	75	the survivor for the medical portion of the examination;
76	76	(5) an explanation that consent for the forensic
77	77	medical examination may be withdrawn at any time during the
78	78	examination;
79	79	(6) the name and telephone number of sexual assault
80	80	crisis centers statewide; [and]
81	81	(7) information regarding postexposure prophylaxis
82	82	for HIV infection;
83	83	(8) information regarding the period for which
84	84	biological evidence collected from the forensic medical
85	85	examination will be retained and preserved under Article 38.43,
86	86	Code of Criminal Procedure; and
87	87	(9) a statement that the survivor has the right to
88	88	access a shower for free after the forensic medical examination or
89	89	after the survivor declines the examination, as applicable, if
90	90	shower facilities are available at the health care facility.
91	91	SECTION 4. Article 38.435, Code of Criminal Procedure, and
92	92	Section 323.004(b)(8), Health and Safety Code, as added by this
93	93	Act, apply to a forensic medical examination that occurs on or after
94	94	the effective date of this Act. A forensic medical examination that
95	95	occurs before that date is governed by the law in effect on the date
96	96	the examination occurred, and the former law is continued in effect
97	97	for that purpose.
98	98	SECTION 5. To the extent of any conflict, this Act prevails
99	99	over another Act of the 87th Legislature, Regular Session, 2021,
100	100	relating to nonsubstantive additions to and corrections in enacted
101	101	codes.
102	102	SECTION 6. This Act takes effect September 1, 2021.