Texas 2021 - 87th Regular

Texas Senate Bill SB1573 Compare Versions

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

Old	New	Differences
1	1	By: Paxton, et al. S.B. No. 1573
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the reporting of sexual assault and other sex offenses
7	7	and to the collection, analysis, tracking, and preservation of
8	8	evidence of those offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 21.31(a), (c), and (d), Code of
11	11	Criminal Procedure, are amended to read as follows:
12	12	(a) A person who is indicted for or who waives indictment
13	13	for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021,
14	14	Penal Code, shall, at the direction of the court on the court's own
15	15	motion or on the request of the victim of the reported [alleged]
16	16	offense, undergo a standard diagnostic test approved by the United
17	17	States Food and Drug Administration for human immunodeficiency
18	18	virus (HIV) infection and other sexually transmitted diseases. If
19	19	the person refuses to submit voluntarily to the test, the court
20	20	shall require the person to submit to the test. On request of the
21	21	victim of the reported [alleged] offense, the court shall order the
22	22	defendant to undergo the test not later than 48 hours after an
23	23	indictment for the offense is presented against the defendant or
24	24	the defendant waives indictment. Except as provided by Subsection
25	25	(b-1), the court may require a defendant previously required under
26	26	this article to undergo a diagnostic test on indictment for an
27	27	offense to undergo a subsequent test only after conviction of the
28	28	offense. A person performing a test under this subsection shall
29	29	make the test results available to the local health authority, and
30	30	the local health authority shall be required to make the
31	31	notification of the test results to the victim of the reported
32	32	[alleged] offense and to the defendant.
33	33	(c) The state may not use the fact that a test was performed
34	34	on a person under Subsection (a) or use the results of a test
35	35	conducted under Subsection (a) in any criminal proceeding arising
36	36	out of the reported [alleged] offense.
37	37	(d) Testing under this article shall be conducted in
38	38	accordance with written infectious disease control protocols
39	39	adopted by the Texas Board of Health that clearly establish
40	40	procedural guidelines that provide criteria for testing and that
41	41	respect the rights of the person accused and any victim of the
42	42	reported [alleged] offense.
43	43	SECTION 2. Article 38.07, Code of Criminal Procedure, is
44	44	amended to read as follows:
45	45	Art. 38.07. TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL
46	46	OFFENSE. (a) A conviction under Chapter 21, Section 20A.02(a)(3),
47	47	(4), (7), or (8), Section 22.011, or Section 22.021, Penal Code, is
48	48	supportable on the uncorroborated testimony of the victim of the
49	49	sexual offense if the victim informed any person, other than the
50	50	defendant, of the reported [alleged] offense within one year after
51	51	the date on which the reported incident [offense is alleged to have]
52	52	occurred.
53	53	(b) The requirement that the victim inform another person of
54	54	an [alleged] offense as described by Subsection (a) does not apply
55	55	if at the time of the [alleged] offense the victim was a person:
56	56	(1) 17 years of age or younger;
57	57	(2) 65 years of age or older; or
58	58	(3) 18 years of age or older who by reason of age or
59	59	physical or mental disease, defect, or injury was substantially
60	60	unable to satisfy the person's need for food, shelter, medical
61	61	care, or protection from harm.
62	62	SECTION 3. Article 56A.051(a), Code of Criminal Procedure,
63	63	is amended to read as follows:
64	64	(a) A victim, guardian of a victim, or close relative of a
65	65	deceased victim is entitled to the following rights within the
66	66	criminal justice system:
67	67	(1) the right to receive from a law enforcement agency
68	68	adequate protection from harm and threats of harm arising from
69	69	cooperation with prosecution efforts;
70	70	(2) the right to have the magistrate consider the
71	71	safety of the victim or the victim's family in setting the amount of
72	72	bail for the defendant;
73	73	(3) if requested, the right to be informed:
74	74	(A) by the attorney representing the state of
75	75	relevant court proceedings, including appellate proceedings, and
76	76	to be informed if those proceedings have been canceled or
77	77	rescheduled before the event; and
78	78	(B) by an appellate court of the court's
79	79	decisions, after the decisions are entered but before the decisions
80	80	are made public;
81	81	(4) when requested, the right to be informed:
82	82	(A) by a peace officer concerning the defendant's
83	83	right to bail and the procedures in criminal investigations; and
84	84	(B) by the office of the attorney representing
85	85	the state concerning the general procedures in the criminal justice
86	86	system, including general procedures in guilty plea negotiations
87	87	and arrangements, restitution, and the appeals and parole process;
88	88	(5) the right to provide pertinent information to a
89	89	community supervision and corrections department conducting a
90	90	presentencing investigation concerning the impact of the offense on
91	91	the victim and the victim's family by testimony, written statement,
92	92	or any other manner before any sentencing of the defendant;
93	93	(6) the right to receive information regarding
94	94	compensation to victims of crime as provided by Chapter 56B,
95	95	including information related to the costs that may be compensated
96	96	under that chapter and the amount of compensation, eligibility for
97	97	compensation, and procedures for application for compensation
98	98	under that chapter, the payment for a forensic medical examination
99	99	under Article 56A.252 for a victim of a reported [an alleged] sexual
100	100	assault, and when requested, to referral to available social
101	101	service agencies that may offer additional assistance;
102	102	(7) the right to:
103	103	(A) be informed, on request, of parole
104	104	procedures;
105	105	(B) participate in the parole process;
106	106	(C) provide to the board for inclusion in the
107	107	defendant's file information to be considered by the board before
108	108	the parole of any defendant convicted of any offense subject to this
109	109	chapter; and
110	110	(D) be notified, if requested, of parole
111	111	proceedings concerning a defendant in the victim's case and of the
112	112	defendant's release;
113	113	(8) the right to be provided with a waiting area,
114	114	separate or secure from other witnesses, including the defendant
115	115	and relatives of the defendant, before testifying in any proceeding
116	116	concerning the defendant; if a separate waiting area is not
117	117	available, other safeguards should be taken to minimize the
118	118	victim's contact with the defendant and the defendant's relatives
119	119	and witnesses, before and during court proceedings;
120	120	(9) the right to the prompt return of any of the
121	121	victim's property that is held by a law enforcement agency or the
122	122	attorney representing the state as evidence when the property is no
123	123	longer required for that purpose;
124	124	(10) the right to have the attorney representing the
125	125	state notify the victim's employer, if requested, that the victim's
126	126	cooperation and testimony is necessary in a proceeding that may
127	127	require the victim to be absent from work for good cause;
128	128	(11) the right to request victim-offender mediation
129	129	coordinated by the victim services division of the department;
130	130	(12) the right to be informed of the uses of a victim
131	131	impact statement and the statement's purpose in the criminal
132	132	justice system as described by Subchapter D, to complete the victim
133	133	impact statement, and to have the victim impact statement
134	134	considered:
135	135	(A) by the attorney representing the state and
136	136	the judge before sentencing or before a plea bargain agreement is
137	137	accepted; and
138	138	(B) by the board before a defendant is released
139	139	on parole;
140	140	(13) for a victim of an assault or sexual assault who
141	141	is younger than 17 years of age or whose case involves family
142	142	violence, as defined by Section 71.004, Family Code, the right to
143	143	have the court consider the impact on the victim of a continuance
144	144	requested by the defendant; if requested by the attorney
145	145	representing the state or by the defendant's attorney, the court
146	146	shall state on the record the reason for granting or denying the
147	147	continuance; and
148	148	(14) if the offense is a capital felony, the right to:
149	149	(A) receive by mail from the court a written
150	150	explanation of defense-initiated victim outreach if the court has
151	151	authorized expenditures for a defense-initiated victim outreach
152	152	specialist;
153	153	(B) not be contacted by the victim outreach
154	154	specialist unless the victim, guardian, or relative has consented
155	155	to the contact by providing a written notice to the court; and
156	156	(C) designate a victim service provider to
157	157	receive all communications from a victim outreach specialist acting
158	158	on behalf of any person.
159	159	SECTION 4. Article 56A.251, Code of Criminal Procedure, is
160	160	amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of
161	161	the 86th Legislature, Regular Session, 2019, and is further amended
162	162	to read as follows:
163	163	Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION.
164	164	(a) If [Except as provided by Subsection (b), if] a sexual assault
165	165	is reported to a law enforcement agency within 120 [96] hours after
166	166	the assault, the law enforcement agency, with the consent of the
167	167	victim of the reported [alleged] assault, a person authorized to
168	168	act on behalf of the victim, or an employee of the Department of
169	169	Family and Protective Services, shall request a forensic medical
170	170	examination of the victim for use in the investigation or
171	171	prosecution of the offense.
172	172	(b) If a sexual assault is not reported within the period
173	173	described by Subsection (a) and the victim is a minor as defined by
174	174	Section 101.003, Family Code, on receiving the consent described by
175	175	Subsection (a) or the consent described by Section 32.003 or
176	176	32.005, Family Code, a law enforcement agency shall request a
177	177	forensic medical examination of the victim for use in the
178	178	investigation or prosecution of the offense [A law enforcement
179	179	agency may decline to request a forensic medical examination under
180	180	Subsection (a) only if:
181	181	[(1) the person reporting the sexual assault has made one or
182	182	more false reports of sexual assault to any law enforcement agency;
183	183	and
184	184	[(2) there is no other evidence to corroborate the current
185	185	allegations of sexual assault].
186	186	(c) If a sexual assault is not reported within the period
187	187	described by Subsection (a) and the victim is not a minor as defined
188	188	by Section 101.003, Family Code, on receiving the consent described
189	189	by Subsection (a), [that subsection] a law enforcement agency may
190	190	request a forensic medical examination of a victim of a reported [an
191	191	alleged] sexual assault for use in the investigation or prosecution
192	192	of the offense if:
193	193	(1) based on the circumstances of the reported
194	194	assault, the agency believes a forensic medical examination would
195	195	further that investigation or prosecution; or
196	196	(2) after a medical evaluation by a physician, sexual
197	197	assault examiner, or sexual assault nurse examiner, the physician
198	198	or examiner notifies the agency that a forensic medical examination
199	199	should be conducted [as considered appropriate by the agency].
200	200	(d) If a sexual assault is reported to a law enforcement
201	201	agency as provided by Subsection (a), (b), or (c), the law
202	202	enforcement agency shall document, in the form and manner required
203	203	by the attorney general, whether the agency requested a forensic
204	204	medical examination. The law enforcement agency shall:
205	205	(1) provide the documentation of the agency's decision
206	206	regarding a request for a forensic medical examination to:
207	207	(A) the health care facility and the physician,
208	208	sexual assault examiner, or sexual assault nurse examiner, as
209	209	applicable, who provides services to the victim that are related to
210	210	the sexual assault; and
211	211	(B) the victim or the person who consented to the
212	212	forensic medical examination on behalf of the victim; and
213	213	(2) maintain the documentation of the agency's
214	214	decision in accordance with the agency's record retention policies.
215	215	SECTION 5. Article 56A.303, Code of Criminal Procedure, is
216	216	amended to conform to Section 4, Chapter 1037 (H.B. 616), Acts of
217	217	the 86th Legislature, Regular Session, 2019, and is further amended
218	218	to read as follows:
219	219	Art. 56A.303. FORENSIC MEDICAL EXAMINATION. (a) In
220	220	accordance with Subchapter B, Chapter 420, Government Code, and
221	221	except as provided by Subsection (b), a health care facility shall
222	222	conduct a forensic medical examination of a victim of a [an alleged]
223	223	sexual assault if:
224	224	(1) the victim arrives at the facility within 120 [96]
225	225	hours after the assault occurred;
226	226	(2) the victim consents to the examination; and
227	227	(3) at the time of the examination the victim has not
228	228	reported the assault to a law enforcement agency.
229	229	(b) If a health care facility does not provide diagnosis or
230	230	treatment services to victims of sexual assault, the facility shall
231	231	refer a victim of a [an alleged] sexual assault who seeks a forensic
232	232	medical examination under Subsection (a) to a health care facility
233	233	that provides services to those victims.
234	234	(c) A victim of a [an alleged] sexual assault may not be
235	235	required to participate in the investigation or prosecution of an
236	236	offense as a condition of receiving a forensic medical examination
237	237	under this article.
238	238	SECTION 6. (a) Articles 56A.304(a) and (c), Code of
239	239	Criminal Procedure, are amended to read as follows:
240	240	(a) The department shall pay the appropriate fees, as set by
241	241	attorney general rule, for the forensic portion of a forensic
242	242	medical examination conducted under Article 56A.303(a) and for the
243	243	evidence collection kit if a physician, sexual assault examiner, or
244	244	sexual assault nurse examiner conducts the forensic portion of the
245	245	examination within 120 [96] hours after the [alleged] sexual
246	246	assault occurred.
247	247	(b) A victim of a [an alleged] sexual assault may not be
248	248	required to pay for:
249	249	(1) the forensic portion of the forensic medical
250	250	examination; or
251	251	(2) the evidence collection kit.
252	252	(c) It is the intent of the 87th Legislature, Regular
253	253	Session, 2021, that the amendments made by this section be
254	254	harmonized with another Act of the 87th Legislature, Regular
255	255	Session, 2021, relating to nonsubstantive additions to and
256	256	corrections in enacted codes.
257	257	SECTION 7. Article 56A.307, Code of Criminal Procedure, is
258	258	amended to read as follows:
259	259	Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF
260	260	ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
261	261	Government Code, may develop procedures regarding the submission or
262	262	collection of additional evidence of a [an alleged] sexual assault
263	263	other than through a forensic medical examination as described by
264	264	Article 56A.303(a).
265	265	SECTION 8. Article 56A.351(a), Code of Criminal Procedure,
266	266	is amended to read as follows:
267	267	(a) Before conducting a forensic medical examination of a
268	268	victim who consents to the examination for the collection of
269	269	evidence for a [an alleged] sexual assault, the physician or other
270	270	medical services personnel conducting the examination shall offer
271	271	the victim the opportunity to have an advocate from a sexual assault
272	272	program as defined by Section 420.003, Government Code, be present
273	273	with the victim during the examination, if the advocate is
274	274	available at the time of the examination. The advocate must have
275	275	completed a sexual assault training program described by Section
276	276	420.011(b), Government Code.
277	277	SECTION 9. Article 56A.352(b), Code of Criminal Procedure,
278	278	is amended to read as follows:
279	279	(b) If a victim reporting [alleging] to have sustained
280	280	injuries as the victim of a sexual assault was confined in a penal
281	281	institution at the time of the reported [alleged] assault, the
282	282	penal institution shall provide, at the victim's request, a
283	283	representative to be present with the victim at any forensic
284	284	medical examination conducted for the purpose of collecting and
285	285	preserving evidence related to the investigation or prosecution of
286	286	the reported [alleged] assault. The representative must:
287	287	(1) be approved by the penal institution; and
288	288	(2) be a:
289	289	(A) psychologist;
290	290	(B) sociologist;
291	291	(C) chaplain;
292	292	(D) social worker;
293	293	(E) case manager; or
294	294	(F) volunteer who has completed a sexual assault
295	295	training program described by Section 420.011(b), Government Code.
296	296	SECTION 10. Article 56A.401, Code of Criminal Procedure, is
297	297	amended to read as follows:
298	298	Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial
299	299	contact or at the earliest possible time after the initial contact
300	300	between a victim of a reported offense and the law enforcement
301	301	agency having the responsibility for investigating the offense, the
302	302	agency shall provide the victim a written notice containing:
303	303	(1) information about the availability of emergency
304	304	and medical services, if applicable;
305	305	(2) information about the rights of crime victims
306	306	under Subchapter B;
307	307	(3) notice that the victim has the right to receive
308	308	information regarding compensation to victims of crime as provided
309	309	by Chapter 56B, including information about:
310	310	(A) the costs that may be compensated under that
311	311	chapter and the amount of compensation, eligibility for
312	312	compensation, and procedures for application for compensation
313	313	under that chapter;
314	314	(B) the payment for a forensic medical
315	315	examination under Article 56A.252 for a victim of a reported [an
316	316	alleged] sexual assault; and
317	317	(C) referral to available social service
318	318	agencies that may offer additional assistance;
319	319	(4) the name, address, and phone number of the law
320	320	enforcement agency's crime victim liaison;
321	321	(5) the name, address, and phone number of the victim
322	322	assistance coordinator of the office of the attorney representing
323	323	the state; and
324	324	(6) the following statement:
325	325	"You may call the law enforcement agency's telephone number
326	326	for the status of the case and information about victims' rights."
327	327	SECTION 11. Article 56A.451(a), Code of Criminal Procedure,
328	328	is amended to read as follows:
329	329	(a) Not later than the 10th day after the date that an
330	330	indictment or information is returned against a defendant for an
331	331	offense, the attorney representing the state shall give to each
332	332	victim of the offense a written notice containing:
333	333	(1) the case number and assigned court for the case;
334	334	(2) a brief general statement of each procedural stage
335	335	in the processing of a criminal case, including bail, plea
336	336	bargaining, parole restitution, and appeal;
337	337	(3) suggested steps the victim may take if the victim
338	338	is subjected to threats or intimidation;
339	339	(4) the name, address, and phone number of the local
340	340	victim assistance coordinator; and
341	341	(5) notification of:
342	342	(A) the rights and procedures under this chapter,
343	343	Chapter 56B, and Subchapter B, Chapter 58;
344	344	(B) the right to file a victim impact statement
345	345	with the office of the attorney representing the state and the
346	346	department;
347	347	(C) the right to receive information regarding
348	348	compensation to victims of crime as provided by Chapter 56B,
349	349	including information about:
350	350	(i) the costs that may be compensated under
351	351	that chapter, eligibility for compensation, and procedures for
352	352	application for compensation under that chapter;
353	353	(ii) the payment for a forensic medical
354	354	examination under Article 56A.252 for a victim of a reported [an
355	355	alleged] sexual assault; and
356	356	(iii) referral to available social service
357	357	agencies that may offer additional assistance; and
358	358	(D) the right of a victim, guardian of a victim,
359	359	or close relative of a deceased victim, as defined by Section
360	360	508.117, Government Code, to appear in person before a member of the
361	361	board as provided by Section 508.153, Government Code.
362	362	SECTION 12. Section 420.032(a)(3), Government Code, is
363	363	amended to read as follows:
364	364	(3) "Photo documentation" means video or photographs
365	365	of a child [alleged to be the] victim of a sexual assault that are
366	366	taken with a colposcope or other magnifying camera during the
367	367	forensic portion of a medical examination of the child.
368	368	SECTION 13. Sections 420.032(b) and (e), Government Code,
369	369	are amended to read as follows:
370	370	(b) In a county with a population of three million or more,
371	371	the forensic portion of a medical examination of a child [alleged to
372	372	be the] victim of a sexual assault must include the production of
373	373	photo documentation unless the medical professional examining the
374	374	child determines that good cause for refraining from producing
375	375	photo documentation exists.
376	376	(e) The fact that the medical professional examining the
377	377	child did not produce photo documentation in the forensic portion
378	378	of a medical examination of a child [alleged to be the] victim of a
379	379	sexual assault and the reasons behind the lack of photo
380	380	documentation are admissible at the trial of the [alleged] sexual
381	381	assault, but the lack of photo documentation will not affect the
382	382	admissibility of other evidence in the case.
383	383	SECTION 14. Sections 420.034(a) and (c), Government Code,
384	384	are amended to read as follows:
385	385	(a) For purposes of this section, "evidence" means evidence
386	386	collected during the investigation of a [an alleged] sexual assault
387	387	or other sex offense, including:
388	388	(1) evidence from an evidence collection kit used to
389	389	collect and preserve evidence of a sexual assault or other sex
390	390	offense; and
391	391	(2) other biological evidence of a sexual assault or
392	392	other sex offense.
393	393	(c) The tracking system must:
394	394	(1) include all evidence collected in relation to a
395	395	sexual assault or other sex offense, regardless of whether evidence
396	396	of the offense is collected in relation to an individual who is
397	397	alive or deceased;
398	398	(2) track the location and status of each item of
399	399	evidence through the criminal justice process, including the
400	400	initial collection of the item of evidence in a forensic medical
401	401	examination, receipt and storage of the item of evidence at a law
402	402	enforcement agency, receipt and analysis of the item of evidence at
403	403	an accredited crime laboratory, and storage and destruction of the
404	404	item of evidence after the item is analyzed;
405	405	(3) [(2)] allow a facility or entity performing a
406	406	forensic medical examination of a survivor, law enforcement agency,
407	407	accredited crime laboratory, prosecutor, or other entity providing
408	408	a chain of custody for an item of evidence to update and track the
409	409	status and location of the item; and
410	410	(4) [(3)] allow a survivor to anonymously track or
411	411	receive updates regarding the status and location of each item of
412	412	evidence collected in relation to the offense.
413	413	SECTION 15. Section 420.045, Government Code, is
414	414	transferred to Section 420.034, Government Code, redesignated as
415	415	Subsection (h) of that section, and amended to read as follows:
416	416	(h) Not later than December 1 of each year, the department
417	417	[Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF SEXUAL ASSAULT OR
418	418	OTHER SEX OFFENSE. Each law enforcement agency and public
419	419	accredited crime laboratory] shall submit a [quarterly] report to
420	420	the governor and members of the legislature [department]
421	421	identifying the number of sexual assault evidence collection kits
422	422	that have [the law enforcement agency has] not yet been submitted
423	423	for laboratory analysis or for which the [crime] laboratory
424	424	analysis has not yet been completed [an analysis], as applicable.
425	425	The report must be titled "Statewide Electronic Tracking System
426	426	Report".
427	427	SECTION 16. Section 420.035(a), Government Code, as added
428	428	by Chapter 408 (H.B. 8), Acts of the 86th Legislature, Regular
429	429	Session, 2019, is amended to read as follows:
430	430	(a) If a health care facility or other entity that performs
431	431	a medical examination to collect evidence of a sexual assault or
432	432	other sex offense receives signed, written consent to release the
433	433	evidence as provided by Section 420.0735, the facility or entity
434	434	shall:
435	435	(1) promptly notify any law enforcement agency
436	436	investigating the [alleged] offense; and
437	437	(2) not later than 24 hours after the conclusion of the
438	438	examination, enter the identification number of the evidence
439	439	collection kit into the statewide electronic tracking system under
440	440	Section 420.034.
441	441	SECTION 17. Section 420.046, Government Code, is amended to
442	442	read as follows:
443	443	Sec. 420.046. NONCOMPLIANCE. Failure to comply with the
444	444	requirements of Subchapter B or this subchapter may be used to
445	445	determine eligibility for receiving grant funds from the
446	446	department, the office of the governor, or another state agency.
447	447	SECTION 18. The heading to Chapter 323, Health and Safety
448	448	Code, is amended to read as follows:
449	449	CHAPTER 323. EMERGENCY SERVICES AND FORENSIC EXAMINATION
450	450	PROGRAMS FOR SURVIVORS OF SEXUAL ASSAULT
451	451	SECTION 19. Chapter 323, Health and Safety Code, is amended
452	452	by designating Sections 323.001 through 323.008 as Subchapter A and
453	453	adding a subchapter heading to read as follows:
454	454	SUBCHAPTER A. EMERGENCY SERVICES FOR SURVIVORS OF SEXUAL
455	455	ASSAULT
456	456	SECTION 20. Section 323.004(a), Health and Safety Code, is
457	457	amended to read as follows:
458	458	(a) Except as otherwise provided by Subsection (a-2), after
459	459	a sexual assault survivor arrives at a health care facility
460	460	following a [an alleged] sexual assault, the facility shall provide
461	461	care to the survivor in accordance with Subsection (b).
462	462	SECTION 21. Chapter 323, Health and Safety Code, is amended
463	463	by adding Subchapter B to read as follows:
464	464	SUBCHAPTER B. SEXUAL ASSAULT FORENSIC EXAMINATION PROGRAMS
465	465	Sec. 323.051. DEFINITIONS. In this subchapter:
466	466	(1) "Health facility" means a health facility licensed
467	467	under Subtitle B, Title 4.
468	468	(2) "Physician" means a physician licensed under
469	469	Subtitle B, Title 3, Occupations Code.
470	470	(3) "SAFE program" means a program that meets the
471	471	requirements prescribed by Section 323.052.
472	472	(4) "SAFE-ready facility" means a health care facility
473	473	designated as a sexual assault forensic exam-ready facility under
474	474	Section 323.0015 or a SAFE program, as defined by Section
475	475	323.101(3) and designated under Section 323.102.
476	476	(5) "Sexual assault examiner," "sexual assault nurse
477	477	examiner," and "sexual assault program" have the meanings assigned
478	478	by Section 420.003, Government Code.
479	479	Sec. 323.052. OPERATION OF SAFE PROGRAM; DESIGNATION OF
480	480	SAFE PROGRAM AS SAFE-READY FACILITY. (a) A health facility may
481	481	operate a SAFE program only if:
482	482	(1) the program meets the minimum standards
483	483	established under Section 323.053; and
484	484	(2) the facility provides forensic medical
485	485	examinations to sexual assault survivors in accordance with Section
486	486	323.054.
487	487	(b) The Health and Human Services Commission shall
488	488	designate a health facility operating a SAFE program described by
489	489	Subsection (a) as a SAFE-ready facility if the facility notifies
490	490	the commission that the facility employs or contracts with a sexual
491	491	assault forensic examiner or uses a telemedicine system of sexual
492	492	assault forensic examiners to provide consultation to a licensed
493	493	nurse or physician during a sexual assault forensic medical
494	494	examination.
495	495	Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE
496	496	program must:
497	497	(1) operate under the active oversight of a medical
498	498	director who is a physician in good standing with the Texas Medical
499	499	Board;
500	500	(2) provide medical treatment under a physician's
501	501	order, standing medical order, standing delegation order, or other
502	502	order or protocol as defined by Texas Medical Board rules;
503	503	(3) employ or contract with a sexual assault examiner
504	504	or a sexual assault nurse examiner;
505	505	(4) provide access to a sexual assault program
506	506	advocate, as required by Subchapter H, Chapter 56A, Code of
507	507	Criminal Procedure;
508	508	(5) ensure a sexual assault survivor has access to a
509	509	private treatment room;
510	510	(6) if indicated by a survivor's history or on a
511	511	survivor's request, provide:
512	512	(A) HIV testing and prophylactic medication to
513	513	the survivor or a referral for the testing and medication; and
514	514	(B) counseling and prophylactic medications for
515	515	exposure to sexually transmitted infections and pregnancy;
516	516	(7) provide to survivors the name and telephone number
517	517	of the nearest sexual assault program that provides to survivors
518	518	the minimum services described by Subchapter A, Chapter 420,
519	519	Government Code;
520	520	(8) provide to survivors the information form required
521	521	by Section 323.005 or 323.0052, as applicable;
522	522	(9) collaborate with any sexual assault program that
523	523	provides services to survivors in the county;
524	524	(10) continually engage in efforts to improve the
525	525	quality of the program;
526	526	(11) maintain capacity for immediate triage or have
527	527	agreements with other health facilities to assure that a survivor
528	528	receives the appropriate level of care indicated for the survivor's
529	529	medical and mental health needs;
530	530	(12) prioritize the safety and well-being of
531	531	survivors;
532	532	(13) provide a trauma-informed approach in the
533	533	forensic medical care provided to survivors; and
534	534	(14) collaborate with:
535	535	(A) law enforcement agencies and attorneys
536	536	representing the state with jurisdiction in the county;
537	537	(B) any available local sexual assault response
538	538	team; and
539	539	(C) other interested persons in the community.
540	540	Sec. 323.054. FORENSIC MEDICAL EXAMINATION BY SAFE PROGRAM;
541	541	INFORMED CONSENT. (a) A SAFE program shall provide to a sexual
542	542	assault survivor under the care of the program a forensic medical
543	543	examination in accordance with Subchapter B, Chapter 420,
544	544	Government Code, if the examination has been requested by a law
545	545	enforcement agency under Subchapter F, Chapter 56A, Code of
546	546	Criminal Procedure, or if the examination is performed in
547	547	accordance with Subchapter G, Chapter 56A, Code of Criminal
548	548	Procedure.
549	549	(b) Only a sexual assault examiner or a sexual assault nurse
550	550	examiner may perform a forensic medical examination under a SAFE
551	551	program.
552	552	(c) A sexual assault examiner or sexual assault nurse
553	553	examiner employed by or under contract with a SAFE program must
554	554	obtain a sexual assault survivor's informed, written consent before
555	555	performing a forensic medical examination or providing medical
556	556	treatment to the survivor.
557	557	(d) A sexual assault survivor who receives a forensic
558	558	medical examination from a sexual assault examiner or sexual
559	559	assault nurse examiner employed by or under contract with a SAFE
560	560	program may not be required to:
561	561	(1) participate in the investigation or prosecution of
562	562	an offense as a prerequisite to receiving the forensic medical
563	563	examination or medical treatment; or
564	564	(2) pay for the costs of the forensic portion of the
565	565	forensic medical examination or for the evidence collection kit.
566	566	SECTION 22. Except as otherwise provided by this Act, to the
567	567	extent of any conflict, this Act prevails over another Act of the
568	568	87th Legislature, Regular Session, 2021, relating to
569	569	nonsubstantive additions to and corrections in enacted codes.
570	570	SECTION 23. The change in law made by this Act applies only
571	571	to sexual assault evidence and evidence of other sex offenses
572	572	collected on or after the effective date of this Act. Evidence
573	573	collected before the effective date of this Act is governed by the
574	574	law in effect on the date the evidence was collected, and the former
575	575	law is continued in effect for that purpose.
576	576	SECTION 24. This Act takes effect September 1, 2021.