Texas 2021 - 87th Regular

Texas Senate Bill SB1299 Compare Versions

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

Old	New	Differences
1	1	87R11641 AJZ-D
2	2	By: Nelson S.B. No. 1299
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of sexual assault and other sex offenses,
8	8	to the emergency services and care provided to victims of those
9	9	offenses, and to the processes associated with preserving and
10	10	analyzing the evidence of those offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter F, Chapter 56A, Code of Criminal
13	13	Procedure, is amended by adding Article 56A.2506 to read as
14	14	follows:
15	15	Art. 56A.2506. DEFINITION. In this subchapter, "reported
16	16	sexual assault" means a sexual assault that has been reported to a
17	17	law enforcement agency.
18	18	SECTION 2. Article 56A.251, Code of Criminal Procedure, is
19	19	amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of
20	20	the 86th Legislature, Regular Session, 2019, and is further amended
21	21	to read as follows:
22	22	Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION.
23	23	(a) If [Except as provided by Subsection (b), if] a sexual assault
24	24	is reported to a law enforcement agency within 120 [96] hours after
25	25	the assault, the law enforcement agency, with the consent of the
26	26	victim of the reported [alleged] assault, a person authorized to
27	27	act on behalf of the victim, or an employee of the Department of
28	28	Family and Protective Services, shall request a forensic medical
29	29	examination of the victim for use in the investigation or
30	30	prosecution of the offense.
31	31	(b) If a sexual assault is not reported within the period
32	32	described by Subsection (a) and the victim is a minor as defined by
33	33	Section 101.003, Family Code, on receiving the consent described by
34	34	Subsection (a) or the consent described by Section 32.003 or
35	35	32.005, Family Code, a law enforcement agency shall request a
36	36	forensic medical examination of the victim for use in the
37	37	investigation or prosecution of the offense [A law enforcement
38	38	agency may decline to request a forensic medical examination under
39	39	Subsection (a) only if:
40	40	[(1) the person reporting the sexual assault has made
41	41	one or more false reports of sexual assault to any law enforcement
42	42	agency; and
43	43	[(2) there is no other evidence to corroborate the
44	44	current allegations of sexual assault].
45	45	(c) If a sexual assault is not reported within the period
46	46	described by Subsection (a) and the victim is not a minor as defined
47	47	by Section 101.003, Family Code, on receiving the consent described
48	48	by Subsection (a), [that subsection] a law enforcement agency may
49	49	request a forensic medical examination of a victim of a reported [an
50	50	alleged] sexual assault for use in the investigation or prosecution
51	51	of the offense if:
52	52	(1) based on the circumstances of the reported
53	53	assault, the agency believes a forensic medical examination would
54	54	further that investigation or prosecution; or
55	55	(2) after a medical evaluation by a physician, sexual
56	56	assault examiner, or sexual assault nurse examiner, the physician
57	57	or examiner notifies the agency that a forensic medical examination
58	58	should be conducted [as considered appropriate by the agency].
59	59	(d) If a sexual assault is reported to a law enforcement
60	60	agency as provided by Subsection (a), (b), or (c), the law
61	61	enforcement agency shall document, in the form and manner required
62	62	by the attorney general, whether the agency requested a forensic
63	63	medical examination. The law enforcement agency shall:
64	64	(1) provide the documentation of the agency's decision
65	65	regarding a request for a forensic medical examination to:
66	66	(A) the health care facility and the physician,
67	67	sexual assault examiner, or sexual assault nurse examiner, as
68	68	applicable, who provides services to the victim that are related to
69	69	the sexual assault; and
70	70	(B) the victim or the person who consented to the
71	71	forensic medical examination on behalf of the victim; and
72	72	(2) maintain the documentation of the agency's
73	73	decision in accordance with the agency's record retention policies.
74	74	SECTION 3. Article 56A.254, Code of Criminal Procedure, is
75	75	amended to read as follows:
76	76	Art. 56A.254. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE.
77	77	The attorney general may make a payment to or on behalf of an
78	78	individual for the reasonable costs incurred for medical care
79	79	provided in accordance with Sections [Section] 323.004, 323.053,
80	80	and 323.054, Health and Safety Code.
81	81	SECTION 4. Article 56A.302, Code of Criminal Procedure, is
82	82	amended to read as follows:
83	83	Art. 56A.302. APPLICABILITY. This subchapter applies to
84	84	the following health care facilities that provide diagnosis or
85	85	treatment services to victims of sexual assault:
86	86	(1) a general or special hospital licensed under
87	87	Chapter 241, Health and Safety Code;
88	88	(2) a general or special hospital owned by this state;
89	89	(3) an outpatient clinic; [and]
90	90	(4) a private physician's office; and
91	91	(5) a health facility, as defined by Section 323.051,
92	92	Health and Safety Code, that operates a SAFE program under Section
93	93	323.052, Health and Safety Code.
94	94	SECTION 5. Article 56A.303, Code of Criminal Procedure, is
95	95	amended to conform to Section 4, Chapter 1037 (H.B. 616), Acts of
96	96	the 86th Legislature, Regular Session, 2019, and is further amended
97	97	to read as follows:
98	98	Art. 56A.303. FORENSIC MEDICAL EXAMINATION. (a) In
99	99	accordance with Subchapter B, Chapter 420, Government Code, and
100	100	except as provided by Subsection (b), a health care facility shall
101	101	conduct a forensic medical examination of a victim of a [an alleged]
102	102	sexual assault if:
103	103	(1) the victim arrives at the facility within 120 [96]
104	104	hours after the assault occurred;
105	105	(2) the victim consents to the examination; and
106	106	(3) at the time of the examination the victim has not
107	107	reported the assault to a law enforcement agency.
108	108	(b) If a health care facility does not provide diagnosis or
109	109	treatment services to victims of sexual assault, the facility shall
110	110	refer a victim of a [an alleged] sexual assault who seeks a forensic
111	111	medical examination under Subsection (a) to a health care facility
112	112	that provides services to those victims.
113	113	(c) A victim of a [an alleged] sexual assault may not be
114	114	required to participate in the investigation or prosecution of an
115	115	offense as a condition of receiving a forensic medical examination
116	116	under this article.
117	117	SECTION 6. Article 56A.304, Code of Criminal Procedure, is
118	118	amended to conform to Sections 4 and 8, Chapter 1037 (H.B. 616),
119	119	Acts of the 86th Legislature, Regular Session, 2019, and is further
120	120	amended to read as follows:
121	121	Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a)
122	122	On application to the [The department shall pay the appropriate
123	123	fees, as set by] attorney general [rule], a health care facility
124	124	that provides [for the forensic portion of] a forensic medical
125	125	examination to a sexual assault survivor in accordance with this
126	126	subchapter, or the [conducted under Article 56A.303(a) and for the
127	127	evidence collection kit if a physician,] sexual assault examiner
128	128	[,] or sexual assault nurse examiner who conducts that [the
129	129	forensic portion of the] examination, as applicable, within 120
130	130	[96] hours after the [alleged] sexual assault occurred is entitled
131	131	to be reimbursed in an amount set by attorney general rule for:
132	132	(1) the reasonable costs of the forensic portion of
133	133	that examination; and
134	134	(2) the evidence collection kit.
135	135	(b) The application under Subsection (a) must be in the form
136	136	and manner prescribed by the attorney general and must include:
137	137	(1) certification that the examination was conducted
138	138	in accordance with the requirements of Article 56A.303(a); and
139	139	(2) a complete and itemized bill of the reasonable
140	140	costs of the forensic portion of the examination [attorney general
141	141	shall reimburse the department for fees paid under Subsection (a)].
142	142	(c) A health care facility or a sexual assault examiner or
143	143	sexual assault nurse examiner, as applicable, who applies for
144	144	reimbursement under Subsection (a) shall accept reimbursement from
145	145	the attorney general as payment for the costs unless:
146	146	(1) the health care facility or sexual assault
147	147	examiner or sexual assault nurse examiner, as applicable:
148	148	(A) requests, in writing, additional
149	149	reimbursement from the attorney general; and
150	150	(B) provides documentation in support of the
151	151	additional reimbursement, as reasonably requested by the attorney
152	152	general; and
153	153	(2) the attorney general determines that there is a
154	154	reasonable justification for additional reimbursement.
155	155	(d) A health care facility is not entitled to reimbursement
156	156	under this article unless the forensic medical examination was
157	157	conducted at the facility by a physician, sexual assault examiner,
158	158	or sexual assault nurse examiner.
159	159	(e) On request, the attorney general may provide training to
160	160	a health care facility regarding the process for applying for
161	161	reimbursement under this article.
162	162	(f) A victim of a [an alleged] sexual assault may not be
163	163	required to pay for:
164	164	(1) the forensic portion of the forensic medical
165	165	examination; or
166	166	(2) the evidence collection kit.
167	167	SECTION 7. Article 56A.305, Code of Criminal Procedure, is
168	168	amended to read as follows:
169	169	Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE.
170	170	The attorney general may make a payment to or on behalf of an
171	171	individual for the reasonable costs incurred for medical care
172	172	provided in accordance with Sections [Section] 323.004, 323.053,
173	173	and 323.054, Health and Safety Code.
174	174	SECTION 8. Article 56A.307, Code of Criminal Procedure, is
175	175	amended to read as follows:
176	176	Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF
177	177	ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
178	178	Government Code, may develop procedures regarding the submission or
179	179	collection of additional evidence of a [an alleged] sexual assault
180	180	other than through a forensic medical examination as described by
181	181	Article 56A.303(a).
182	182	SECTION 9. Section 420.003(1-a), Government Code, is
183	183	amended to read as follows:
184	184	(1-a) "Active criminal case" means a case:
185	185	(A) in which:
186	186	(i) a sexual assault or other sex offense
187	187	has been reported to a law enforcement agency; [and]
188	188	(ii) physical evidence of the offense has
189	189	been submitted to the agency or an accredited crime laboratory
190	190	under this chapter for analysis; and
191	191	(iii) the agency documents that an offense
192	192	has been committed and reported; and
193	193	(B) for which:
194	194	(i) the statute of limitations has not run
195	195	with respect to the prosecution of the offense; or
196	196	(ii) a DNA profile was obtained that is
197	197	eligible under Section 420.043 for comparison with DNA profiles in
198	198	the state database or CODIS DNA database.
199	199	SECTION 10. Section 420.034(c), Government Code, is amended
200	200	to read as follows:
201	201	(c) The tracking system must:
202	202	(1) include all evidence collected in relation to a
203	203	sexual assault or other sex offense, regardless of whether evidence
204	204	of the offense is collected in relation to an individual who is
205	205	alive or deceased;
206	206	(2) track the location and status of each item of
207	207	evidence through the criminal justice process, including the
208	208	initial collection of the item of evidence in a forensic medical
209	209	examination, receipt and storage of the item of evidence at a law
210	210	enforcement agency, receipt and analysis of the item of evidence at
211	211	an accredited crime laboratory, and storage and destruction of the
212	212	item of evidence after the item is analyzed;
213	213	(3) [(2)] allow a facility or entity performing a
214	214	forensic medical examination of a survivor, law enforcement agency,
215	215	accredited crime laboratory, prosecutor, or other entity providing
216	216	a chain of custody for an item of evidence to update and track the
217	217	status and location of the item; and
218	218	(4) [(3)] allow a survivor to anonymously track or
219	219	receive updates regarding the status and location of each item of
220	220	evidence collected in relation to the offense.
221	221	SECTION 11. Section 420.045, Government Code, is
222	222	transferred to Section 420.034, Government Code, redesignated as
223	223	Subsection (h) of that section, and amended to read as follows:
224	224	(h) Not later than October 1 of each year, the department
225	225	[Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF SEXUAL ASSAULT OR
226	226	OTHER SEX OFFENSE. Each law enforcement agency and public
227	227	accredited crime laboratory] shall submit [a quarterly report] to
228	228	the governor a report [department] identifying the number of
229	229	evidence collection kits that have [the law enforcement agency has]
230	230	not yet been submitted for laboratory analysis or for which the
231	231	[crime] laboratory analysis has not yet been completed [an
232	232	analysis], as applicable. The annual report must be titled
233	233	"Statewide Electronic Tracking System Report" and must be posted on
234	234	the department's publicly accessible Internet website.
235	235	SECTION 12. Section 420.035(a), Government Code, as added
236	236	by Chapter 408 (H.B. 8), Acts of the 86th Legislature, Regular
237	237	Session, 2019, is amended to read as follows:
238	238	(a) If a health care facility or other entity that performs
239	239	a medical examination to collect evidence of a sexual assault or
240	240	other sex offense receives signed, written consent to release the
241	241	evidence as provided by Section 420.0735, the facility or entity
242	242	shall:
243	243	(1) promptly notify any law enforcement agency
244	244	investigating the [alleged] offense; and
245	245	(2) not later than 24 hours after the conclusion of the
246	246	examination, enter the evidence collection kit identifier into the
247	247	statewide electronic tracking system under Section 420.034.
248	248	SECTION 13. Section 420.046, Government Code, is amended to
249	249	read as follows:
250	250	Sec. 420.046. NONCOMPLIANCE. Failure to comply with the
251	251	requirements of Subchapter B or this subchapter may be used to
252	252	determine eligibility for receiving grant funds from the
253	253	department, the office of the governor, or another state agency.
254	254	SECTION 14. The heading to Chapter 323, Health and Safety
255	255	Code, is amended to read as follows:
256	256	CHAPTER 323. EMERGENCY SERVICES AND FORENSIC EXAMINATION PROGRAMS
257	257	FOR SURVIVORS OF SEXUAL ASSAULT
258	258	SECTION 15. Chapter 323, Health and Safety Code, is amended
259	259	by designating Sections 323.001 through 323.008 as Subchapter A and
260	260	adding a subchapter heading to read as follows:
261	261	SUBCHAPTER A. EMERGENCY SERVICES FOR SURVIVORS
262	262	OF SEXUAL ASSAULT
263	263	SECTION 16. Section 323.001, Health and Safety Code, is
264	264	amended to read as follows:
265	265	Sec. 323.001. DEFINITIONS. In this subchapter [chapter]:
266	266	(1) "Commission" means the Health and Human Services
267	267	Commission.
268	268	(2) "Department" means the Department of State Health
269	269	Services.
270	270	(3) "Health care facility" means a general or special
271	271	hospital licensed under Chapter 241, a general or special hospital
272	272	owned by this state, or a freestanding emergency medical care
273	273	facility licensed under Chapter 254.
274	274	(3-a) "SAFE-ready facility" means a health care
275	275	facility designated as a sexual assault forensic exam-ready
276	276	facility under Section 323.0015.
277	277	(4) "Sexual assault" means any act as described by
278	278	Section 22.011 or 22.021, Penal Code.
279	279	(4-a) "Sexual assault forensic examiner" means a
280	280	certified sexual assault nurse examiner or a physician with
281	281	specialized training on conducting a forensic medical examination.
282	282	(5) "Sexual assault survivor" means an individual who
283	283	is a victim of a sexual assault, regardless of whether a report is
284	284	made or a conviction is obtained in the incident.
285	285	SECTION 17. Sections 323.004(a) and (a-1), Health and
286	286	Safety Code, are amended to read as follows:
287	287	(a) Except as otherwise provided by Subsection (a-2), after
288	288	a sexual assault survivor arrives at a health care facility
289	289	following a [an alleged] sexual assault, the facility shall
290	290	provide care to the survivor in accordance with Subsection (b).
291	291	(a-1) A facility that is not a SAFE-ready facility shall
292	292	inform the sexual assault survivor that:
293	293	(1) the facility is not a SAFE-ready facility and
294	294	provide to the survivor the name and location of nearby [the
295	295	closest] SAFE-ready facilities [facility] and the information form
296	296	required by Section 323.0051; and
297	297	(2) the survivor is entitled, at the survivor's
298	298	option:
299	299	(A) to receive the care described by Subsection
300	300	(b) at that facility, subject to Subsection (b-1); or
301	301	(B) to be stabilized and to be referred or
302	302	transferred to and receive the care described by Subsection (b) at a
303	303	SAFE-ready facility.
304	304	SECTION 18. Section 323.005(a), Health and Safety Code, as
305	305	amended by Chapters 408 (H.B. 8), 469 (H.B. 4173), and 1037 (H.B.
306	306	616), Acts of the 86th Legislature, Regular Session, 2019, is
307	307	reenacted and further amended to conform to Chapter 469 (H.B.
308	308	4173), Acts of the 86th Legislature, Regular Session, 2019, to read
309	309	as follows:
310	310	(a) The commission [department] shall develop a standard
311	311	information form for sexual assault survivors that must include:
312	312	(1) a detailed explanation of the forensic medical
313	313	examination required to be provided by law, including a statement
314	314	that photographs may be taken of the genitalia;
315	315	(2) information regarding treatment of sexually
316	316	transmitted infections and pregnancy, including:
317	317	(A) generally accepted medical procedures;
318	318	(B) appropriate medications; and
319	319	(C) any contraindications of the medications
320	320	prescribed for treating sexually transmitted infections and
321	321	preventing pregnancy;
322	322	(3) information regarding drug-facilitated sexual
323	323	assault, including the necessity for an immediate urine test for
324	324	sexual assault survivors who may have been involuntarily drugged;
325	325	(4) information regarding crime victims compensation,
326	326	including:
327	327	(A) a statement that public agencies are
328	328	responsible for paying for the forensic portion of an examination
329	329	conducted under Subchapter F or G, Chapter 56A [Article 56.06 or
330	330	56.065], Code of Criminal Procedure, and for the evidence
331	331	collection kit used in connection with the examination and that the
332	332	health care facility or provider, as applicable, is responsible for
333	333	seeking reimbursement for those costs; and
334	334	(B) information regarding the reimbursement of
335	335	the survivor for the medical portion of the examination;
336	336	(5) an explanation that consent for the forensic
337	337	medical examination may be withdrawn at any time during the
338	338	examination;
339	339	(6) the name and telephone number of sexual assault
340	340	crisis centers statewide; and
341	341	(7) information regarding postexposure prophylaxis
342	342	for HIV infection.
343	343	SECTION 19. Section 323.0051(a), Health and Safety Code, is
344	344	amended to read as follows:
345	345	(a) The commission [department] shall develop a standard
346	346	information form for sexual assault survivors who arrive at a
347	347	health care facility that is not a SAFE-ready facility. The
348	348	information form must include:
349	349	(1) information regarding the benefits of a forensic
350	350	medical examination conducted by a sexual assault forensic
351	351	examiner;
352	352	(2) the Internet website address to the commission's
353	353	[department's] list of SAFE-ready facilities that includes the
354	354	facilities' physical addresses as required by Section 323.008;
355	355	(3) the following statements:
356	356	(A) "As a survivor of sexual assault, you have
357	357	the right to receive a forensic medical examination at this
358	358	hospital emergency room if you are requesting the examination not
359	359	later than 120 hours after the assault.";
360	360	(B) "A report to law enforcement is not required,
361	361	but if you make a report, law enforcement must first authorize the
362	362	examination."; and
363	363	(C) "Call 1-800-656-HOPE to be connected to a
364	364	rape crisis center for free and confidential assistance."; and
365	365	(4) information on the procedure for submitting a
366	366	complaint against the health care facility.
367	367	SECTION 20. Section 323.0052(a), Health and Safety Code, is
368	368	amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th
369	369	Legislature, Regular Session, 2019, and further amended to read as
370	370	follows:
371	371	(a) The commission [department] shall develop a standard
372	372	information form that, as described by Subsection (b), is to be
373	373	provided to sexual assault survivors who have not given signed,
374	374	written consent to a health care facility to release the evidence as
375	375	provided by Section 420.0735, Government Code. The form must
376	376	include the following information:
377	377	(1) the Department of Public Safety's policy regarding
378	378	storage of evidence of a sexual assault or other sex offense that is
379	379	collected under Subchapter G, Chapter 56A [Article 56.065], Code of
380	380	Criminal Procedure, including:
381	381	(A) a statement that the evidence will be stored
382	382	until the fifth anniversary of the date on which the evidence was
383	383	collected before the evidence becomes eligible for destruction; and
384	384	(B) the department's procedures regarding the
385	385	notification of the survivor before a planned destruction of the
386	386	evidence;
387	387	(2) a statement that the survivor may request the
388	388	release of the evidence to a law enforcement agency and report a
389	389	sexual assault or other sex offense to the agency at any time;
390	390	(3) the name, phone number, and e-mail address of the
391	391	law enforcement agency with jurisdiction over the offense; and
392	392	(4) the name and phone number of a local rape crisis
393	393	center.
394	394	SECTION 21. Section 323.008, Health and Safety Code, is
395	395	amended to read as follows:
396	396	Sec. 323.008. DATA PUBLICATION. The commission
397	397	[department] shall post on the commission's [department's] Internet
398	398	website a list of all hospitals and other health facilities that are
399	399	designated as SAFE-ready facilities under this chapter and the
400	400	facilities' physical addresses. The commission [department] shall
401	401	update the list annually. To the extent possible, the commission
402	402	[department] shall collect the data required by this section as
403	403	part of a survey required by the commission [department] under
404	404	other law.
405	405	SECTION 22. Chapter 323, Health and Safety Code, is amended
406	406	by adding Subchapter B to read as follows:
407	407	SUBCHAPTER B. SEXUAL ASSAULT FORENSIC EXAMINATION PROGRAMS
408	408	Sec. 323.051. DEFINITIONS. In this subchapter:
409	409	(1) "Health facility" means a health facility licensed
410	410	under Subtitle B, Title 4.
411	411	(2) "Physician" means a physician licensed under
412	412	Subtitle B, Title 3, Occupations Code.
413	413	(3) "SAFE program" means a program that meets the
414	414	requirements prescribed by Section 323.052.
415	415	(4) "Sexual assault examiner," "sexual assault nurse
416	416	examiner," and "sexual assault program" have the meanings assigned
417	417	by Section 420.003, Government Code.
418	418	(5) "Sexual assault forensic examiner" means a
419	419	certified sexual assault nurse examiner or a physician with
420	420	specialized training on conducting a forensic medical examination.
421	421	Sec. 323.052. OPERATION OF SAFE PROGRAM; DESIGNATION OF
422	422	HEALTH FACILITY OPERATING SAFE PROGRAM AS SAFE-READY FACILITY. (a)
423	423	A health facility may operate a SAFE program only if:
424	424	(1) the facility operates the program on its premises;
425	425	(2) the program meets the minimum standards
426	426	established under Section 323.053; and
427	427	(3) the facility provides forensic medical
428	428	examinations to sexual assault survivors in accordance with Section
429	429	323.054.
430	430	(b) The Health and Human Services Commission shall
431	431	designate a health facility operating a SAFE program described by
432	432	Subsection (a) as a SAFE-ready facility under Section 323.0015 if
433	433	the facility notifies the commission that the facility employs or
434	434	contracts with a sexual assault forensic examiner or uses a
435	435	telemedicine system of sexual assault forensic examiners to provide
436	436	consultation to a licensed nurse or physician during a sexual
437	437	assault forensic medical examination.
438	438	Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE
439	439	program must:
440	440	(1) operate under the active oversight of a medical
441	441	director who is a physician licensed by and in good standing with
442	442	the Texas Medical Board;
443	443	(2) provide medical treatment under a physician's
444	444	order, standing medical order, standing delegation order, or other
445	445	order or protocol as defined by Texas Medical Board rules;
446	446	(3) employ or contract with a sexual assault examiner
447	447	or a sexual assault nurse examiner;
448	448	(4) provide access to a sexual assault program
449	449	advocate, as required by Subchapter H, Chapter 56A, Code of
450	450	Criminal Procedure;
451	451	(5) ensure a sexual assault survivor has access to a
452	452	private treatment room;
453	453	(6) if indicated by a survivor's history or on a
454	454	survivor's request, provide:
455	455	(A) HIV testing and prophylactic medication to
456	456	the survivor or a referral for the testing and medication; and
457	457	(B) counseling and prophylactic medications for
458	458	exposure to sexually transmitted infections and pregnancy;
459	459	(7) provide to survivors the name and telephone number
460	460	of a nearby sexual assault program that provides to survivors the
461	461	minimum services described by Subchapter A, Chapter 420, Government
462	462	Code;
463	463	(8) provide to survivors the information form required
464	464	by Section 323.005, 323.0051, or 323.0052, as applicable, and
465	465	orally communicate the information regarding crime victims
466	466	compensation under Section 323.005(a)(4);
467	467	(9) collaborate with any sexual assault program that
468	468	provides services to survivors in the county;
469	469	(10) continually engage in efforts to improve the
470	470	quality of the program;
471	471	(11) maintain capacity for immediate triage or have
472	472	agreements with other health facilities to assure that a survivor
473	473	receives the appropriate level of care indicated for the survivor's
474	474	medical and mental health needs;
475	475	(12) prioritize the safety and well-being of
476	476	survivors;
477	477	(13) provide a trauma-informed approach in the
478	478	forensic medical care provided to survivors; and
479	479	(14) collaborate with:
480	480	(A) law enforcement agencies and attorneys
481	481	representing the state with jurisdiction in the county;
482	482	(B) any available local sexual assault response
483	483	team; and
484	484	(C) other interested persons in the community.
485	485	Sec. 323.054. FORENSIC MEDICAL EXAMINATION BY SAFE PROGRAM;
486	486	INFORMED CONSENT. (a) A SAFE program shall provide to a sexual
487	487	assault survivor under the care of the program a forensic medical
488	488	examination in accordance with Subchapter B, Chapter 420,
489	489	Government Code, if the examination has been requested by a law
490	490	enforcement agency under Subchapter F, Chapter 56A, Code of
491	491	Criminal Procedure, or if the examination is performed in
492	492	accordance with Subchapter G, Chapter 56A, Code of Criminal
493	493	Procedure.
494	494	(b) Only a sexual assault examiner or a sexual assault nurse
495	495	examiner may perform a forensic medical examination under a SAFE
496	496	program.
497	497	(c) A sexual assault examiner or sexual assault nurse
498	498	examiner employed by or under contract with a SAFE program must
499	499	obtain a sexual assault survivor's informed, written consent before
500	500	performing a forensic medical examination or providing medical
501	501	treatment to the survivor.
502	502	(d) A sexual assault survivor who receives a forensic
503	503	medical examination from a sexual assault examiner or sexual
504	504	assault nurse examiner employed by or under contract with a SAFE
505	505	program may not be required to:
506	506	(1) participate in the investigation or prosecution of
507	507	an offense as a prerequisite to receiving the forensic medical
508	508	examination or medical treatment; or
509	509	(2) pay for the costs of the forensic portion of the
510	510	forensic medical examination or for the evidence collection kit.
511	511	SECTION 23. Section 420.042(b), Government Code, is
512	512	repealed.
513	513	SECTION 24. The changes in law made by this Act to Section
514	514	420.034(c), Government Code, and to Section 420.035(a), Government
515	515	Code, as added by Chapter 408 (H.B. 8), Acts of the 86th
516	516	Legislature, Regular Session, 2019, apply only to evidence of a
517	517	sexual assault or other sex offense collected on or after the
518	518	effective date of this Act. Evidence collected before the
519	519	effective date of this Act is governed by the law in effect on the
520	520	date the evidence was collected, and the former law is continued in
521	521	effect for that purpose.
522	522	SECTION 25. To the extent of any conflict, this Act prevails
523	523	over another Act of the 87th Legislature, Regular Session, 2021,
524	524	relating to nonsubstantive additions to and corrections in enacted
525	525	codes.
526	526	SECTION 26. This Act takes effect September 1, 2021.