By: A. Johnson of Harris H.B. No. 3917
A BILL TO BE ENTITLED
AN ACT
relating to the rights of victims of sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding 38.435 to read as follows:
Art. 38.435. PROHIBITED USE OF EVIDENCE FROM SEXUAL ASSAULT
EXAMINATION. Evidence collected during a forensic medical
examination conducted under Subchapter F or G, Chapter 56A, may not
be used to investigate or prosecute a misdemeanor offense, or an
offense under Subchapter D, Chapter 481, Health and Safety Code,
alleged to have been committed by the victim from whom the evidence
was collected.
SECTION 2. Section 323.004(b), Health and Safety Code, is
amended to read as follows:
(b) A health care facility providing care to a sexual
assault survivor shall provide the survivor with:
(1) subject to Subsection (b-1), a forensic medical
examination in accordance with Subchapter B, Chapter 420,
Government Code, if the examination has been requested by a law
enforcement agency under Subchapter F, Chapter 56A, Code of
Criminal Procedure, or is conducted under Subchapter G, Chapter
56A, Code of Criminal Procedure;
(2) a private area, if available, to wait or speak with
the appropriate medical, legal, or sexual assault crisis center
staff or volunteer until a physician, nurse, or physician assistant
is able to treat the survivor;
(3) access to a sexual assault program advocate, if
available, as provided by Subchapter H, Chapter 56A, Code of
Criminal Procedure;
(4) the information form required by Section 323.005;
(5) a private treatment room, if available;
(6) if indicated by the history of contact, access to
appropriate prophylaxis for exposure to sexually transmitted
infections; [and]
(7) the name and telephone number of the nearest
sexual assault crisis center; and
(8) if the health care facility has shower facilities,
access to a shower at no cost to the survivor after the examination
described by Subdivision (1).
SECTION 3. Section 323.005(a), Health and Safety Code, as
amended by Chapters 408 (H.B. 8), 469 (H.B. 4173), and 1037 (H.B.
616), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted, amended to conform to Chapter 469 (H.B. 4173), Acts of
the 86th Legislature, Regular Session, 2019, and further amended to
read as follows:
(a) The department shall develop a standard information
form for sexual assault survivors that must include:
(1) a detailed explanation of the forensic medical
examination required to be provided by law, including a statement
that photographs may be taken of the genitalia;
(2) information regarding treatment of sexually
transmitted infections and pregnancy, including:
(A) generally accepted medical procedures;
(B) appropriate medications; and
(C) any contraindications of the medications
prescribed for treating sexually transmitted infections and
preventing pregnancy;
(3) information regarding drug-facilitated sexual
assault, including the necessity for an immediate urine test for
sexual assault survivors who may have been involuntarily drugged;
(4) information regarding crime victims compensation,
including:
(A) a statement that public agencies are
responsible for paying for the forensic portion of an examination
conducted under Subchapter F or G, Chapter 56A [Article 56.06 or
56.065], Code of Criminal Procedure, and for the evidence
collection kit used in connection with the examination and that the
health care facility or provider, as applicable, is responsible for
seeking reimbursement for those costs; and
(B) information regarding the reimbursement of
the survivor for the medical portion of the examination;
(5) an explanation that consent for the forensic
medical examination may be withdrawn at any time during the
examination;
(6) the name and telephone number of sexual assault
crisis centers statewide; [and]
(7) information regarding postexposure prophylaxis
for HIV infection;
(8) information regarding the period for which
biological evidence collected from the forensic medical
examination will be retained and preserved under Article 38.43,
Code of Criminal Procedure; and
(9) a statement that the survivor has the right to
access a shower for free after the forensic medical examination or
after the survivor declines the examination, as applicable, if
shower facilities are available at the health care facility.
SECTION 4. Article 38.435, Code of Criminal Procedure, and
Section 323.004(b)(8), Health and Safety Code, as added by this
Act, apply to a forensic medical examination that occurs on or after
the effective date of this Act. A forensic medical examination that
occurs before that date is governed by the law in effect on the date
the examination occurred, and the former law is continued in effect
for that purpose.
SECTION 5. 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 6. This Act takes effect September 1, 2021.