88R4792 AJZ-F
By: A. Johnson of Harris H.B. No. 2668
A BILL TO BE ENTITLED
AN ACT
relating to the rights of victims of sexual assault and to certain
procedures and reimbursements occurring with respect to a sexual
assault or other sex offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.435, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC
MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL
ASSAULT. 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. Article 56A.051(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from a law enforcement agency
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate consider the
safety of the victim or the victim's family in setting the amount of
bail for the defendant;
(3) if requested, the right to be informed:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled before the event; and
(B) by an appellate court of the court's
decisions, after the decisions are entered but before the decisions
are made public;
(4) when requested, the right to be informed:
(A) by a peace officer concerning the defendant's
right to bail and the procedures in criminal investigations; and
(B) by the office of the attorney representing
the state concerning the general procedures in the criminal justice
system, including general procedures in guilty plea negotiations
and arrangements, restitution, and the appeals and parole process;
(5) the right to provide pertinent information to a
community supervision and corrections department conducting a
presentencing investigation concerning the impact of the offense on
the victim and the victim's family by testimony, written statement,
or any other manner before any sentencing of the defendant;
(6) the right to receive information:
(A) regarding compensation to victims of crime as
provided by Chapter 56B, including information related to the costs
that may be compensated under that chapter and the amount of
compensation, eligibility for compensation, and procedures for
application for compensation under that chapter;
(B) for a victim of a sexual assault, regarding
the payment under Subchapter G for a forensic medical examination
and for any prescribed continuing medical care provided to the
victim during the 30-day period following that examination; [under
Article 56A.252 for a victim of an alleged sexual assault,] and
(C) when requested, providing a [to] referral to
available social service agencies that may offer additional
assistance;
(7) the right to:
(A) be informed, on request, of parole
procedures;
(B) participate in the parole process;
(C) provide to the board for inclusion in the
defendant's file information to be considered by the board before
the parole of any defendant convicted of any offense subject to this
chapter; and
(D) be notified, if requested, of parole
proceedings concerning a defendant in the victim's case and of the
defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the defendant
and relatives of the defendant, before testifying in any proceeding
concerning the defendant; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the defendant and the defendant's relatives
and witnesses, before and during court proceedings;
(9) the right to the prompt return of any of the
victim's property that is held by a law enforcement agency or the
attorney representing the state as evidence when the property is no
longer required for that purpose;
(10) the right to have the attorney representing the
state notify the victim's employer, if requested, that the victim's
cooperation and testimony is necessary in a proceeding that may
require the victim to be absent from work for good cause;
(11) the right to request victim-offender mediation
coordinated by the victim services division of the department;
(12) the right to be informed of the uses of a victim
impact statement and the statement's purpose in the criminal
justice system as described by Subchapter D, to complete the victim
impact statement, and to have the victim impact statement
considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the board before a defendant is released
on parole;
(13) for a victim of an assault or sexual assault who
is younger than 17 years of age or whose case involves family
violence, as defined by Section 71.004, Family Code, the right to
have the court consider the impact on the victim of a continuance
requested by the defendant; if requested by the attorney
representing the state or by the defendant's attorney, the court
shall state on the record the reason for granting or denying the
continuance; and
(14) if the offense is a capital felony, the right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
SECTION 3. Article 56A.052(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If the offense is a sexual assault, a victim, guardian
of a victim, or close relative of a deceased victim is entitled to
the following rights within the criminal justice system:
(1) if requested, the right to a disclosure of
information regarding:
(A) any evidence that was collected during the
investigation of the offense, unless disclosing the information
would interfere with the investigation or prosecution of the
offense, in which event the victim, guardian, or relative shall be
informed of the estimated date on which that information is
expected to be disclosed; and
(B) the status of any analysis being performed of
any evidence described by Paragraph (A);
(2) if requested, the right to be notified:
(A) at the time a request is submitted to a crime
laboratory to process and analyze any evidence that was collected
during the investigation of the offense;
(B) at the time of the submission of a request to
compare any biological evidence collected during the investigation
of the offense with DNA profiles maintained in a state or federal
DNA database; and
(C) of the results of the comparison described by
Paragraph (B), unless disclosing the results would interfere with
the investigation or prosecution of the offense, in which event the
victim, guardian, or relative shall be informed of the estimated
date on which those results are expected to be disclosed;
(3) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection; and
(4) for the victim, the right to:
(A) testing for acquired immune deficiency
syndrome (AIDS), human immunodeficiency virus (HIV) infection,
antibodies to HIV, or infection with any other probable causative
agent of AIDS; [and]
(B) a forensic medical examination as [to the
extent] provided by Subchapter [Subchapters F and] G; and
(C) any prescribed continuing medical care
provided to the victim during the 30-day period following a
forensic medical examination, as provided by Subchapter G [if,
within 120 hours of the offense:
[(i) the offense is reported to a law
enforcement agency; or
[(ii) a forensic medical examination is
otherwise conducted at a health care provider].
SECTION 4. The heading to Subchapter G, Chapter 56A, Code of
Criminal Procedure, is amended to read as follows:
SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
VICTIM [NOT REPORTING ASSAULT]
SECTION 5. Article 56A.303, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (b-1) to
read as follows:
(a) In accordance with Subchapter B, Chapter 420,
Government Code, and except as provided by Subsection (b), a health
care provider shall conduct a forensic medical examination of:
(1) a victim of a sexual assault who is a minor as
defined by Section 101.003, Family Code, regardless of when the
victim arrives at the provider, if the victim, a person authorized
to act on behalf of the victim, or an employee of the Department of
Family and Protective Services consents to the examination, or if
consent is provided as described by Section 32.003 or 32.005,
Family Code; and
(2) a victim of a sexual assault who is not a minor,
if:
(A) [(1)] the victim arrives at the provider:
(i) within 120 hours after the assault
occurred; or
(ii) later than 120 hours after the assault
occurred, and the victim is:
(a) referred for a forensic medical
examination by a law enforcement agency under Subsection (b-1); or
(b) referred for a forensic medical
examination by a physician, sexual assault examiner, or sexual
assault nurse examiner who has conducted a preliminary medical
evaluation and determined that a forensic medical examination
should be conducted; and
(B) the victim, a person authorized to act on
behalf of the victim, or an employee of the Department of Family and
Protective Services consents to the examination
[(2) the victim consents to the examination; and
[(3) at the time of the examination the victim has not
reported the assault to a law enforcement agency].
(b-1) A law enforcement agency shall refer a victim of a
sexual assault for a forensic medical examination, to be conducted
in accordance with Subsection (a), if a sexual assault is reported
to a law enforcement agency within 120 hours after the assault or,
if the victim is a minor as defined by Section 101.003, Family Code,
regardless of when the sexual assault is reported. A law
enforcement agency may make the same referral with respect to any
victim of a sexual assault who is not a minor and who does not report
the sexual assault within the 120-hour period required by this
subsection if the agency believes that a forensic medical
examination may further a sexual assault investigation or
prosecution.
SECTION 6. Articles 56A.304(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) On application to the attorney general and subject to
Article 56A.305(e), a health care provider that provides a forensic
medical examination to a sexual assault survivor in accordance with
this subchapter, or the sexual assault examiner or sexual assault
nurse examiner who conducts that examination in accordance with
this subchapter, as applicable, [within 120 hours after the sexual
assault occurred] is entitled to be reimbursed in an amount set by
attorney general rule for:
(1) the reasonable costs of the forensic portion of
that examination; [and]
(2) the evidence collection kit; and
(3) the reasonable costs of other medical care
provided to the victim in accordance with Subchapters A and B,
Chapter 323, Health and Safety Code, consisting of medical care
provided during the forensic medical examination and any prescribed
continuing medical care provided to the victim during the 30-day
period following the examination, including medication and medical
testing.
(b) The application under Subsection (a) must be in the form
and manner prescribed by the attorney general and must include:
(1) certification that the examination was conducted
in accordance with the requirements of Article 56A.303(a); and
(2) a complete and itemized bill of the reasonable
costs of the forensic portion of the examination and any additional
medical care described by Subsection (a)(3).
SECTION 7. Subchapter G, Chapter 56A, Code of Criminal
Procedure, is amended by adding Article 56A.3045 to read as
follows:
Art. 56A.3045. PAYMENT OF COSTS RELATED TO TESTIMONY. A law
enforcement agency or an office of the attorney representing the
state may pay any costs related to the testimony of a licensed
health care professional in a criminal proceeding regarding the
results of a forensic medical examination described by Article
56A.303 or the manner in which the examination was performed.
SECTION 8. Article 56A.305, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN TESTING AND
MEDICAL CARE. (a) The attorney general shall [may] make a payment
to a victim of a sexual assault or on behalf of a victim of a sexual
assault [an individual] for the reasonable costs incurred for all
testing and medical care that are provided to the victim as
described by Articles 56A.304(a)(1), (2), and (3) [in accordance
with Sections 323.004, 323.053, and 323.054, Health and Safety
Code].
(b) The attorney general shall make a payment under
Subsection (a) in accordance with the medical fee guidelines
prescribed by Subtitle A, Title 5, Labor Code. A payment made under
Subsection (a) may not exceed $25,000.
(c) Neither the attorney general nor a victim of a sexual
assault is liable for costs incurred for medical care that:
(1) exceed the medical fee guidelines described by
Subsection (b); or
(2) is not medically necessary.
(d) The Health and Human Services Commission may contract
with a third-party vendor or other entity to provide health care
providers access to prescription drugs for purposes of medical care
described by Subsection (a).
(e) The attorney general may deny or reduce a payment under
Subsection (a) to the extent that the amount otherwise proposed for
reimbursement is recouped from a collateral source.
SECTION 9. Article 56A.306, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (a-1) to read as follows:
(a) The department, consistent with Chapter 420, Government
Code, shall develop procedures for the transfer and preservation of
evidence collected during a forensic medical examination for a
sexual assault that was not reported to a law enforcement agency,
including procedures for:
(1) the transfer of the evidence [collected under this
subchapter] to a crime laboratory or other suitable location
designated by the public safety director of the department;
(2) the preservation of the evidence by the entity
receiving the evidence; and
(3) the notification of the victim of the offense
through the statewide electronic tracking system before a planned
destruction of evidence under this article.
(a-1) The transfer and preservation of evidence collected
during a forensic medical examination for a reported sexual assault
must comply with the procedures under Sections 420.035(b) and (c)
and 420.042(a), Government Code.
(b) Subject to Subsection (c), an entity receiving evidence
collected during a forensic medical examination as described by
this subchapter [described by Subsection (a)] shall preserve the
evidence until the earlier of:
(1) the fifth anniversary of the date on which the
evidence was collected; or
(2) the date on which written consent to release the
evidence is obtained as provided by Section 420.0735, Government
Code.
(c) An entity receiving evidence collected during a
forensic medical examination as described by this subchapter
[described by Subsection (a)] may destroy the evidence on the
expiration of the entity's duty to preserve the evidence under
Subsection (b)(1) only if notice of the planned destruction is
entered into the statewide electronic tracking system and an [:
[(1) the entity provides written notification to the
victim of the offense, in a trauma-informed manner, of the decision
to destroy the evidence that includes:
[(A) detailed instructions on how the victim may
make a written objection to the decision, including contact
information for the entity; or
[(B) a standard form for the victim to complete
and return to the entity to make a written objection to the
decision; and
[(2) a written] objection is not received by the
entity from the victim before the 91st day after the date on which
the entity entered the notice [notifies the victim] of the planned
destruction of the evidence into the tracking system.
SECTION 10. Article 56A.307, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF
ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
Government Code, may develop procedures regarding the submission or
collection of additional evidence of a sexual assault other than
through a forensic medical examination as described by Article
56A.303 [56A.303(a)].
SECTION 11. Article 56A.308(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A communication or record is confidential for purposes
of Section 552.101, Government Code, if the communication or
record:
(1) contains identifying information regarding a
victim who receives a forensic medical examination under Article
56A.303 [56A.303(a)]; and
(2) is created by, provided to, or in the control or
possession of the department.
SECTION 12. Article 56A.401, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial
contact or at the earliest possible time after the initial contact
between a victim of a reported offense and the law enforcement
agency having the responsibility for investigating the offense, the
agency shall provide the victim a written notice containing:
(1) information about the availability of emergency
and medical services, if applicable;
(2) information about the rights of crime victims
under Subchapter B;
(3) notice that the victim has the right to receive
information:
(A) regarding compensation to victims of crime as
provided by Chapter 56B, including information relating to [about:
[(A)] the costs that may be compensated under
that chapter and the amount of compensation, eligibility for
compensation, and procedures for application for compensation
under that chapter;
(B) for a victim of a sexual assault, regarding
the payment under Subchapter G for a forensic medical examination
and for any prescribed continuing medical care provided to the
victim during the 30-day period following that examination [under
Article 56A.252 for a victim of an alleged sexual assault]; and
(C) providing a referral to available social
service agencies that may offer additional assistance;
(4) the name, address, and phone number of the law
enforcement agency's crime victim liaison;
(5) the name, address, and phone number of the victim
assistance coordinator of the office of the attorney representing
the state; and
(6) the following statement:
"You may call the law enforcement agency's telephone number
for the status of the case and information about victims' rights."
SECTION 13. Article 56A.451(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Not later than the 10th day after the date that an
indictment or information is returned against a defendant for an
offense, the attorney representing the state shall give to each
victim of the offense a written notice containing:
(1) the case number and assigned court for the case;
(2) a brief general statement of each procedural stage
in the processing of a criminal case, including bail, plea
bargaining, parole restitution, and appeal;
(3) suggested steps the victim may take if the victim
is subjected to threats or intimidation;
(4) the name, address, and phone number of the local
victim assistance coordinator; and
(5) notification of:
(A) the rights and procedures under this chapter,
Chapter 56B, and Subchapter B, Chapter 58;
(B) the right to file a victim impact statement
with the office of the attorney representing the state and the
department;
(C) the right to receive information:
(i) regarding compensation to victims of
crime as provided by Chapter 56B, including information relating to
[about:
[(i)] the costs that may be compensated
under that chapter, eligibility for compensation, and procedures
for application for compensation under that chapter;
(ii) for a victim of a sexual assault,
regarding the payment under Subchapter G for a forensic medical
examination and for any prescribed continuing medical care provided
to the victim during the 30-day period following that examination
[under Article 56A.252 for a victim of an alleged sexual assault];
and
(iii) providing a referral to available
social service agencies that may offer additional assistance; and
(D) the right of a victim, guardian of a victim,
or close relative of a deceased victim, as defined by Section
508.117, Government Code, to appear in person before a member of the
board as provided by Section 508.153, Government Code.
SECTION 14. Article 56B.107, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) For purposes of Subsection (a)(1), a victim receiving a
forensic medical examination constitutes sufficient evidence that
a victim has substantially cooperated with an investigation of a
sexual assault or other sex offense.
SECTION 15. Article 56B.453(d), Code of Criminal Procedure,
is amended to read as follows:
(d) The attorney general may use the fund to:
(1) reimburse a health care provider or a sexual
assault examiner or sexual assault nurse examiner for certain costs
of a forensic medical examination that are incurred by the provider
or the examiner under Subchapter [F or] G, Chapter 56A[, as provided
by those subchapters]; and
(2) make a payment to or on behalf of a victim of a
sexual assault [an individual] for the reasonable costs incurred
for testing and [medical] care provided under Subchapter [F or] G,
Chapter 56A, as described by Article 56A.305 [in accordance with
Section 323.004, Health and Safety Code].
SECTION 16. Section 57.002(a), Family Code, is amended to
read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
juvenile justice system:
(1) the right to receive from law enforcement agencies
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the court or person appointed by
the court take the safety of the victim or the victim's family into
consideration as an element in determining whether the child should
be detained before the child's conduct is adjudicated;
(3) the right, if requested, to be informed of
relevant court proceedings, including appellate proceedings, and
to be informed in a timely manner if those court proceedings have
been canceled or rescheduled;
(4) the right to be informed, when requested, by the
court or a person appointed by the court concerning the procedures
in the juvenile justice system, including general procedures
relating to:
(A) the preliminary investigation and deferred
prosecution of a case; and
(B) the appeal of the case;
(5) the right to provide pertinent information to a
juvenile court conducting a disposition hearing concerning the
impact of the offense on the victim and the victim's family by
testimony, written statement, or any other manner before the court
renders its disposition;
(6) the right to receive information:
(A) regarding compensation to victims as
provided by Chapter 56B, Code of Criminal Procedure, including
information relating [related] to the costs that may be
compensated under that chapter and the amount of compensation,
eligibility for compensation, and procedures for application for
compensation under that chapter;
(B) for a victim of a sexual assault, regarding
the payment under Subchapter G, Chapter 56A, Code of Criminal
Procedure, for a forensic medical examination and for any
prescribed continuing medical care provided to the victim during
the 30-day period following that examination; [of medical expenses
under Subchapter F, Chapter 56A, Code of Criminal Procedure, for a
victim of a sexual assault,] and
(C) when requested, providing a [to] referral to
available social service agencies that may offer additional
assistance;
(7) the right to be informed, upon request, of
procedures for release under supervision or transfer of the person
to the custody of the Texas Department of Criminal Justice for
parole, to participate in the release or transfer for parole
process, to be notified, if requested, of the person's release,
escape, or transfer for parole proceedings concerning the person,
to provide to the Texas Juvenile Justice Department for inclusion
in the person's file information to be considered by the department
before the release under supervision or transfer for parole of the
person, and to be notified, if requested, of the person's release or
transfer for parole;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the child
alleged to have committed the conduct and relatives of the child,
before testifying in any proceeding concerning the child, or, if a
separate waiting area is not available, other safeguards should be
taken to minimize the victim's contact with the child and the
child's relatives and witnesses, before and during court
proceedings;
(9) the right to prompt return of any property of the
victim that is held by a law enforcement agency or the attorney for
the state as evidence when the property is no longer required for
that purpose;
(10) the right to have the attorney for the state
notify the employer of the victim, if requested, of the necessity of
the victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
(11) the right to be present at all public court
proceedings related to the conduct of the child as provided by
Section 54.08, subject to that section; and
(12) any other right appropriate to the victim that a
victim of criminal conduct has under Subchapter B, Chapter 56A,
Code of Criminal Procedure.
SECTION 17. Section 501.174, Government Code, is amended to
read as follows:
Sec. 501.174. DEPARTMENT TO ADOPT POLICY. The department
shall adopt a policy providing for:
(1) a designated administrator at each correctional
facility to post information throughout the facility describing how
an inmate may confidentially contact the ombudsperson regarding a
sexual assault;
(2) an inmate to write a confidential letter to the
ombudsperson regarding a sexual assault;
(3) employees at correctional facilities, on
notification of the occurrence of a sexual assault, to immediately:
(A) contact the ombudsperson and the office of
the inspector general; and
(B) ensure that the alleged victim is safe;
(4) the office of the inspector general, at the time
the office is notified of the sexual assault, to arrange for a
medical examination of the alleged victim to be conducted in
accordance with Subchapter G [F], Chapter 56A, Code of Criminal
Procedure, or, if an appropriate employee of the office of the
inspector general is not available at the time the office is
notified of the sexual assault, a qualified employee at the
correctional facility to conduct a medical examination of the
alleged victim in accordance with that subchapter;
(5) a grievance proceeding under Section 501.008 based
on an alleged sexual assault to be exempt from any deadline
applicable to grievances initiated under that section; and
(6) each correctional facility to collect statistics
on all alleged sexual assaults against inmates confined in the
facility and to report the statistics to the ombudsperson.
SECTION 18. Section 241.1031(a), Health and Safety Code, is
amended to read as follows:
(a) A hospital may not destroy a medical record from the
forensic medical examination of a sexual assault victim conducted
under Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure,
until the 20th anniversary of the date the record was created.
SECTION 19. 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, and [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;
(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 20. Section 323.005(a), Health and Safety Code, is
amended to read as follows:
(a) The commission 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
and regarding the payment of costs and the reimbursements available
for testing and care to be provided as described by Subchapter G,
Chapter 56A, Code of Criminal Procedure [, 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, 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;
(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, if
shower facilities are available at the health care facility.
SECTION 21. Section 323.0051(a), Health and Safety Code, is
amended to read as follows:
(a) The commission shall develop a standard information
form for sexual assault survivors who arrive at a health care
facility that is not a SAFE-ready facility. The information form
must include:
(1) information regarding the benefits of a forensic
medical examination conducted by a sexual assault forensic
examiner;
(2) the Internet website address to the commission's
list of SAFE-ready facilities that includes the facilities'
physical addresses as required by Section 323.008;
(3) the following statements:
(A) "As a survivor of sexual assault, you have
the right to receive a forensic medical examination for sexual
assault at this hospital emergency room if you are requesting the
examination not later than 120 hours after the assault. For parents
or guardians of a minor child, your child has the right to receive
the forensic medical examination at any time, regardless of when
the assault occurred.";
(B) "A report to law enforcement is not required,
but if you are an adult survivor who for any reason did not make a
timely request for the forensic medical examination [make a
report], law enforcement may be required to [must] first authorize
the examination."; and
(C) "Call 1-800-656-HOPE to be connected to a
sexual assault [rape] crisis center for free and confidential
assistance."; and
(4) information on the procedure for submitting a
complaint against the health care facility.
SECTION 22. Section 323.0052(a), Health and Safety Code, is
amended to read as follows:
(a) The commission shall develop a standard information
form that, as described by Subsection (b), is to be provided to
sexual assault survivors who have not given signed, written consent
to a health care facility to release the evidence as provided by
Section 420.0735, Government Code. The form must include the
following information:
(1) the Department of Public Safety's policy regarding
storage of evidence of a sexual assault or other sex offense that is
collected under Subchapter G, Chapter 56A, Code of Criminal
Procedure, including:
(A) a statement that the evidence will be stored
until the fifth anniversary of the date on which the evidence was
collected before the evidence becomes eligible for destruction; and
(B) the department's procedures regarding the
notification of the survivor through the statewide electronic
tracking system before a planned destruction of the evidence;
(2) a statement that the survivor may request the
release of the evidence to a law enforcement agency and report a
sexual assault or other sex offense to the agency at any time;
(3) the name, phone number, and e-mail address of the
law enforcement agency with jurisdiction over the offense; and
(4) the name and phone number of a local sexual assault
[rape] crisis center.
SECTION 23. Sections 323.054(a), (c), and (d), Health and
Safety Code, are amended to read as follows:
(a) A SAFE program shall provide to a sexual assault
survivor under the care of the program a forensic medical
examination in accordance with Subchapter B, Chapter 420,
Government Code, and [if the examination has been requested by a law
enforcement agency under Subchapter F, Chapter 56A, Code of
Criminal Procedure, or if the examination is performed in
accordance with] Subchapter G, Chapter 56A, Code of Criminal
Procedure.
(c) A sexual assault examiner or sexual assault nurse
examiner employed by or under contract with a SAFE program must
obtain the [a sexual assault survivor's informed, written] consent
described by Article 56A.303, Code of Criminal Procedure, before
performing a forensic medical examination or providing medical
treatment to the survivor.
(d) A sexual assault survivor who receives a forensic
medical examination from a sexual assault examiner or sexual
assault nurse examiner employed by or under contract with a SAFE
program may not be required to:
(1) participate in the investigation or prosecution of
an offense as a prerequisite to receiving the forensic medical
examination or medical treatment; or
(2) pay for any [the] costs described by Article
56A.304(a), Code of Criminal Procedure [of the forensic portion of
the forensic medical examination or for the evidence collection
kit].
SECTION 24. Section 153.003(b), Occupations Code, is
amended to read as follows:
(b) The rules adopted under this section must prohibit a
physician from destroying a medical record from the forensic
medical examination of a sexual assault victim conducted under
Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure, until
the 20th anniversary of the date the record was created.
SECTION 25. The following provisions of the Code of
Criminal Procedure are repealed:
(1) Subchapter F, Chapter 56A; and
(2) Article 56A.306(d).
SECTION 26. The changes in law made by this Act to Chapters
56A and 56B, Code of Criminal Procedure, apply only to a sexual
assault or other sex offense that is first reported or for which
medical care is first sought on or after the effective date of this
Act. A sexual assault or other sex offense that is first reported
or for which medical care was first sought before the effective date
of this Act is governed by the law in effect on the date the sexual
assault was reported or the medical care was sought, and the former
law is continued in effect for that purpose.
SECTION 27. This Act takes effect September 1, 2023.