Texas 2023 - 88th Regular

Texas House Bill HB2668 Compare Versions

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1	1	88R4792 AJZ-F
2	2	By: A. Johnson of Harris H.B. No. 2668
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the rights of victims of sexual assault and to certain
8	8	procedures and reimbursements occurring with respect to a sexual
9	9	assault or other sex offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 38.435, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC
14	14	MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL
15	15	ASSAULT. Evidence collected during a forensic medical examination
16	16	conducted under Subchapter [F or] G, Chapter 56A, may not be used to
17	17	investigate or prosecute a misdemeanor offense, or an offense under
18	18	Subchapter D, Chapter 481, Health and Safety Code, alleged to have
19	19	been committed by the victim from whom the evidence was collected.
20	20	SECTION 2. Article 56A.051(a), Code of Criminal Procedure,
21	21	is amended to read as follows:
22	22	(a) A victim, guardian of a victim, or close relative of a
23	23	deceased victim is entitled to the following rights within the
24	24	criminal justice system:
25	25	(1) the right to receive from a law enforcement agency
26	26	adequate protection from harm and threats of harm arising from
27	27	cooperation with prosecution efforts;
28	28	(2) the right to have the magistrate consider the
29	29	safety of the victim or the victim's family in setting the amount of
30	30	bail for the defendant;
31	31	(3) if requested, the right to be informed:
32	32	(A) by the attorney representing the state of
33	33	relevant court proceedings, including appellate proceedings, and
34	34	to be informed if those proceedings have been canceled or
35	35	rescheduled before the event; and
36	36	(B) by an appellate court of the court's
37	37	decisions, after the decisions are entered but before the decisions
38	38	are made public;
39	39	(4) when requested, the right to be informed:
40	40	(A) by a peace officer concerning the defendant's
41	41	right to bail and the procedures in criminal investigations; and
42	42	(B) by the office of the attorney representing
43	43	the state concerning the general procedures in the criminal justice
44	44	system, including general procedures in guilty plea negotiations
45	45	and arrangements, restitution, and the appeals and parole process;
46	46	(5) the right to provide pertinent information to a
47	47	community supervision and corrections department conducting a
48	48	presentencing investigation concerning the impact of the offense on
49	49	the victim and the victim's family by testimony, written statement,
50	50	or any other manner before any sentencing of the defendant;
51	51	(6) the right to receive information:
52	52	(A) regarding compensation to victims of crime as
53	53	provided by Chapter 56B, including information related to the costs
54	54	that may be compensated under that chapter and the amount of
55	55	compensation, eligibility for compensation, and procedures for
56	56	application for compensation under that chapter;
57	57	(B) for a victim of a sexual assault, regarding
58	58	the payment under Subchapter G for a forensic medical examination
59	59	and for any prescribed continuing medical care provided to the
60	60	victim during the 30-day period following that examination; [under
61	61	Article 56A.252 for a victim of an alleged sexual assault,] and
62	62	(C) when requested, providing a [to] referral to
63	63	available social service agencies that may offer additional
64	64	assistance;
65	65	(7) the right to:
66	66	(A) be informed, on request, of parole
67	67	procedures;
68	68	(B) participate in the parole process;
69	69	(C) provide to the board for inclusion in the
70	70	defendant's file information to be considered by the board before
71	71	the parole of any defendant convicted of any offense subject to this
72	72	chapter; and
73	73	(D) be notified, if requested, of parole
74	74	proceedings concerning a defendant in the victim's case and of the
75	75	defendant's release;
76	76	(8) the right to be provided with a waiting area,
77	77	separate or secure from other witnesses, including the defendant
78	78	and relatives of the defendant, before testifying in any proceeding
79	79	concerning the defendant; if a separate waiting area is not
80	80	available, other safeguards should be taken to minimize the
81	81	victim's contact with the defendant and the defendant's relatives
82	82	and witnesses, before and during court proceedings;
83	83	(9) the right to the prompt return of any of the
84	84	victim's property that is held by a law enforcement agency or the
85	85	attorney representing the state as evidence when the property is no
86	86	longer required for that purpose;
87	87	(10) the right to have the attorney representing the
88	88	state notify the victim's employer, if requested, that the victim's
89	89	cooperation and testimony is necessary in a proceeding that may
90	90	require the victim to be absent from work for good cause;
91	91	(11) the right to request victim-offender mediation
92	92	coordinated by the victim services division of the department;
93	93	(12) the right to be informed of the uses of a victim
94	94	impact statement and the statement's purpose in the criminal
95	95	justice system as described by Subchapter D, to complete the victim
96	96	impact statement, and to have the victim impact statement
97	97	considered:
98	98	(A) by the attorney representing the state and
99	99	the judge before sentencing or before a plea bargain agreement is
100	100	accepted; and
101	101	(B) by the board before a defendant is released
102	102	on parole;
103	103	(13) for a victim of an assault or sexual assault who
104	104	is younger than 17 years of age or whose case involves family
105	105	violence, as defined by Section 71.004, Family Code, the right to
106	106	have the court consider the impact on the victim of a continuance
107	107	requested by the defendant; if requested by the attorney
108	108	representing the state or by the defendant's attorney, the court
109	109	shall state on the record the reason for granting or denying the
110	110	continuance; and
111	111	(14) if the offense is a capital felony, the right to:
112	112	(A) receive by mail from the court a written
113	113	explanation of defense-initiated victim outreach if the court has
114	114	authorized expenditures for a defense-initiated victim outreach
115	115	specialist;
116	116	(B) not be contacted by the victim outreach
117	117	specialist unless the victim, guardian, or relative has consented
118	118	to the contact by providing a written notice to the court; and
119	119	(C) designate a victim service provider to
120	120	receive all communications from a victim outreach specialist acting
121	121	on behalf of any person.
122	122	SECTION 3. Article 56A.052(a), Code of Criminal Procedure,
123	123	is amended to read as follows:
124	124	(a) If the offense is a sexual assault, a victim, guardian
125	125	of a victim, or close relative of a deceased victim is entitled to
126	126	the following rights within the criminal justice system:
127	127	(1) if requested, the right to a disclosure of
128	128	information regarding:
129	129	(A) any evidence that was collected during the
130	130	investigation of the offense, unless disclosing the information
131	131	would interfere with the investigation or prosecution of the
132	132	offense, in which event the victim, guardian, or relative shall be
133	133	informed of the estimated date on which that information is
134	134	expected to be disclosed; and
135	135	(B) the status of any analysis being performed of
136	136	any evidence described by Paragraph (A);
137	137	(2) if requested, the right to be notified:
138	138	(A) at the time a request is submitted to a crime
139	139	laboratory to process and analyze any evidence that was collected
140	140	during the investigation of the offense;
141	141	(B) at the time of the submission of a request to
142	142	compare any biological evidence collected during the investigation
143	143	of the offense with DNA profiles maintained in a state or federal
144	144	DNA database; and
145	145	(C) of the results of the comparison described by
146	146	Paragraph (B), unless disclosing the results would interfere with
147	147	the investigation or prosecution of the offense, in which event the
148	148	victim, guardian, or relative shall be informed of the estimated
149	149	date on which those results are expected to be disclosed;
150	150	(3) if requested, the right to counseling regarding
151	151	acquired immune deficiency syndrome (AIDS) and human
152	152	immunodeficiency virus (HIV) infection; and
153	153	(4) for the victim, the right to:
154	154	(A) testing for acquired immune deficiency
155	155	syndrome (AIDS), human immunodeficiency virus (HIV) infection,
156	156	antibodies to HIV, or infection with any other probable causative
157	157	agent of AIDS; [and]
158	158	(B) a forensic medical examination as [to the
159	159	extent] provided by Subchapter [Subchapters F and] G; and
160	160	(C) any prescribed continuing medical care
161	161	provided to the victim during the 30-day period following a
162	162	forensic medical examination, as provided by Subchapter G [if,
163	163	within 120 hours of the offense:
164	164	[(i) the offense is reported to a law
165	165	enforcement agency; or
166	166	[(ii) a forensic medical examination is
167	167	otherwise conducted at a health care provider].
168	168	SECTION 4. The heading to Subchapter G, Chapter 56A, Code of
169	169	Criminal Procedure, is amended to read as follows:
170	170	SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
171	171	VICTIM [NOT REPORTING ASSAULT]
172	172	SECTION 5. Article 56A.303, Code of Criminal Procedure, is
173	173	amended by amending Subsection (a) and adding Subsection (b-1) to
174	174	read as follows:
175	175	(a) In accordance with Subchapter B, Chapter 420,
176	176	Government Code, and except as provided by Subsection (b), a health
177	177	care provider shall conduct a forensic medical examination of:
178	178	(1) a victim of a sexual assault who is a minor as
179	179	defined by Section 101.003, Family Code, regardless of when the
180	180	victim arrives at the provider, if the victim, a person authorized
181	181	to act on behalf of the victim, or an employee of the Department of
182	182	Family and Protective Services consents to the examination, or if
183	183	consent is provided as described by Section 32.003 or 32.005,
184	184	Family Code; and
185	185	(2) a victim of a sexual assault who is not a minor,
186	186	if:
187	187	(A) [(1)] the victim arrives at the provider:
188	188	(i) within 120 hours after the assault
189	189	occurred; or
190	190	(ii) later than 120 hours after the assault
191	191	occurred, and the victim is:
192	192	(a) referred for a forensic medical
193	193	examination by a law enforcement agency under Subsection (b-1); or
194	194	(b) referred for a forensic medical
195	195	examination by a physician, sexual assault examiner, or sexual
196	196	assault nurse examiner who has conducted a preliminary medical
197	197	evaluation and determined that a forensic medical examination
198	198	should be conducted; and
199	199	(B) the victim, a person authorized to act on
200	200	behalf of the victim, or an employee of the Department of Family and
201	201	Protective Services consents to the examination
202	202	[(2) the victim consents to the examination; and
203	203	[(3) at the time of the examination the victim has not
204	204	reported the assault to a law enforcement agency].
205	205	(b-1) A law enforcement agency shall refer a victim of a
206	206	sexual assault for a forensic medical examination, to be conducted
207	207	in accordance with Subsection (a), if a sexual assault is reported
208	208	to a law enforcement agency within 120 hours after the assault or,
209	209	if the victim is a minor as defined by Section 101.003, Family Code,
210	210	regardless of when the sexual assault is reported. A law
211	211	enforcement agency may make the same referral with respect to any
212	212	victim of a sexual assault who is not a minor and who does not report
213	213	the sexual assault within the 120-hour period required by this
214	214	subsection if the agency believes that a forensic medical
215	215	examination may further a sexual assault investigation or
216	216	prosecution.
217	217	SECTION 6. Articles 56A.304(a) and (b), Code of Criminal
218	218	Procedure, are amended to read as follows:
219	219	(a) On application to the attorney general and subject to
220	220	Article 56A.305(e), a health care provider that provides a forensic
221	221	medical examination to a sexual assault survivor in accordance with
222	222	this subchapter, or the sexual assault examiner or sexual assault
223	223	nurse examiner who conducts that examination in accordance with
224	224	this subchapter, as applicable, [within 120 hours after the sexual
225	225	assault occurred] is entitled to be reimbursed in an amount set by
226	226	attorney general rule for:
227	227	(1) the reasonable costs of the forensic portion of
228	228	that examination; [and]
229	229	(2) the evidence collection kit; and
230	230	(3) the reasonable costs of other medical care
231	231	provided to the victim in accordance with Subchapters A and B,
232	232	Chapter 323, Health and Safety Code, consisting of medical care
233	233	provided during the forensic medical examination and any prescribed
234	234	continuing medical care provided to the victim during the 30-day
235	235	period following the examination, including medication and medical
236	236	testing.
237	237	(b) The application under Subsection (a) must be in the form
238	238	and manner prescribed by the attorney general and must include:
239	239	(1) certification that the examination was conducted
240	240	in accordance with the requirements of Article 56A.303(a); and
241	241	(2) a complete and itemized bill of the reasonable
242	242	costs of the forensic portion of the examination and any additional
243	243	medical care described by Subsection (a)(3).
244	244	SECTION 7. Subchapter G, Chapter 56A, Code of Criminal
245	245	Procedure, is amended by adding Article 56A.3045 to read as
246	246	follows:
247	247	Art. 56A.3045. PAYMENT OF COSTS RELATED TO TESTIMONY. A law
248	248	enforcement agency or an office of the attorney representing the
249	249	state may pay any costs related to the testimony of a licensed
250	250	health care professional in a criminal proceeding regarding the
251	251	results of a forensic medical examination described by Article
252	252	56A.303 or the manner in which the examination was performed.
253	253	SECTION 8. Article 56A.305, Code of Criminal Procedure, is
254	254	amended to read as follows:
255	255	Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN TESTING AND
256	256	MEDICAL CARE. (a) The attorney general shall [may] make a payment
257	257	to a victim of a sexual assault or on behalf of a victim of a sexual
258	258	assault [an individual] for the reasonable costs incurred for all
259	259	testing and medical care that are provided to the victim as
260	260	described by Articles 56A.304(a)(1), (2), and (3) [in accordance
261	261	with Sections 323.004, 323.053, and 323.054, Health and Safety
262	262	Code].
263	263	(b) The attorney general shall make a payment under
264	264	Subsection (a) in accordance with the medical fee guidelines
265	265	prescribed by Subtitle A, Title 5, Labor Code. A payment made under
266	266	Subsection (a) may not exceed $25,000.
267	267	(c) Neither the attorney general nor a victim of a sexual
268	268	assault is liable for costs incurred for medical care that:
269	269	(1) exceed the medical fee guidelines described by
270	270	Subsection (b); or
271	271	(2) is not medically necessary.
272	272	(d) The Health and Human Services Commission may contract
273	273	with a third-party vendor or other entity to provide health care
274	274	providers access to prescription drugs for purposes of medical care
275	275	described by Subsection (a).
276	276	(e) The attorney general may deny or reduce a payment under
277	277	Subsection (a) to the extent that the amount otherwise proposed for
278	278	reimbursement is recouped from a collateral source.
279	279	SECTION 9. Article 56A.306, Code of Criminal Procedure, is
280	280	amended by amending Subsections (a), (b), and (c) and adding
281	281	Subsection (a-1) to read as follows:
282	282	(a) The department, consistent with Chapter 420, Government
283	283	Code, shall develop procedures for the transfer and preservation of
284	284	evidence collected during a forensic medical examination for a
285	285	sexual assault that was not reported to a law enforcement agency,
286	286	including procedures for:
287	287	(1) the transfer of the evidence [collected under this
288	288	subchapter] to a crime laboratory or other suitable location
289	289	designated by the public safety director of the department;
290	290	(2) the preservation of the evidence by the entity
291	291	receiving the evidence; and
292	292	(3) the notification of the victim of the offense
293	293	through the statewide electronic tracking system before a planned
294	294	destruction of evidence under this article.
295	295	(a-1) The transfer and preservation of evidence collected
296	296	during a forensic medical examination for a reported sexual assault
297	297	must comply with the procedures under Sections 420.035(b) and (c)
298	298	and 420.042(a), Government Code.
299	299	(b) Subject to Subsection (c), an entity receiving evidence
300	300	collected during a forensic medical examination as described by
301	301	this subchapter [described by Subsection (a)] shall preserve the
302	302	evidence until the earlier of:
303	303	(1) the fifth anniversary of the date on which the
304	304	evidence was collected; or
305	305	(2) the date on which written consent to release the
306	306	evidence is obtained as provided by Section 420.0735, Government
307	307	Code.
308	308	(c) An entity receiving evidence collected during a
309	309	forensic medical examination as described by this subchapter
310	310	[described by Subsection (a)] may destroy the evidence on the
311	311	expiration of the entity's duty to preserve the evidence under
312	312	Subsection (b)(1) only if notice of the planned destruction is
313	313	entered into the statewide electronic tracking system and an [:
314	314	[(1) the entity provides written notification to the
315	315	victim of the offense, in a trauma-informed manner, of the decision
316	316	to destroy the evidence that includes:
317	317	[(A) detailed instructions on how the victim may
318	318	make a written objection to the decision, including contact
319	319	information for the entity; or
320	320	[(B) a standard form for the victim to complete
321	321	and return to the entity to make a written objection to the
322	322	decision; and
323	323	[(2) a written] objection is not received by the
324	324	entity from the victim before the 91st day after the date on which
325	325	the entity entered the notice [notifies the victim] of the planned
326	326	destruction of the evidence into the tracking system.
327	327	SECTION 10. Article 56A.307, Code of Criminal Procedure, is
328	328	amended to read as follows:
329	329	Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF
330	330	ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
331	331	Government Code, may develop procedures regarding the submission or
332	332	collection of additional evidence of a sexual assault other than
333	333	through a forensic medical examination as described by Article
334	334	56A.303 [56A.303(a)].
335	335	SECTION 11. Article 56A.308(b), Code of Criminal Procedure,
336	336	is amended to read as follows:
337	337	(b) A communication or record is confidential for purposes
338	338	of Section 552.101, Government Code, if the communication or
339	339	record:
340	340	(1) contains identifying information regarding a
341	341	victim who receives a forensic medical examination under Article
342	342	56A.303 [56A.303(a)]; and
343	343	(2) is created by, provided to, or in the control or
344	344	possession of the department.
345	345	SECTION 12. Article 56A.401, Code of Criminal Procedure, is
346	346	amended to read as follows:
347	347	Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial
348	348	contact or at the earliest possible time after the initial contact
349	349	between a victim of a reported offense and the law enforcement
350	350	agency having the responsibility for investigating the offense, the
351	351	agency shall provide the victim a written notice containing:
352	352	(1) information about the availability of emergency
353	353	and medical services, if applicable;
354	354	(2) information about the rights of crime victims
355	355	under Subchapter B;
356	356	(3) notice that the victim has the right to receive
357	357	information:
358	358	(A) regarding compensation to victims of crime as
359	359	provided by Chapter 56B, including information relating to [about:
360	360	[(A)] the costs that may be compensated under
361	361	that chapter and the amount of compensation, eligibility for
362	362	compensation, and procedures for application for compensation
363	363	under that chapter;
364	364	(B) for a victim of a sexual assault, regarding
365	365	the payment under Subchapter G for a forensic medical examination
366	366	and for any prescribed continuing medical care provided to the
367	367	victim during the 30-day period following that examination [under
368	368	Article 56A.252 for a victim of an alleged sexual assault]; and
369	369	(C) providing a referral to available social
370	370	service agencies that may offer additional assistance;
371	371	(4) the name, address, and phone number of the law
372	372	enforcement agency's crime victim liaison;
373	373	(5) the name, address, and phone number of the victim
374	374	assistance coordinator of the office of the attorney representing
375	375	the state; and
376	376	(6) the following statement:
377	377	"You may call the law enforcement agency's telephone number
378	378	for the status of the case and information about victims' rights."
379	379	SECTION 13. Article 56A.451(a), Code of Criminal Procedure,
380	380	is amended to read as follows:
381	381	(a) Not later than the 10th day after the date that an
382	382	indictment or information is returned against a defendant for an
383	383	offense, the attorney representing the state shall give to each
384	384	victim of the offense a written notice containing:
385	385	(1) the case number and assigned court for the case;
386	386	(2) a brief general statement of each procedural stage
387	387	in the processing of a criminal case, including bail, plea
388	388	bargaining, parole restitution, and appeal;
389	389	(3) suggested steps the victim may take if the victim
390	390	is subjected to threats or intimidation;
391	391	(4) the name, address, and phone number of the local
392	392	victim assistance coordinator; and
393	393	(5) notification of:
394	394	(A) the rights and procedures under this chapter,
395	395	Chapter 56B, and Subchapter B, Chapter 58;
396	396	(B) the right to file a victim impact statement
397	397	with the office of the attorney representing the state and the
398	398	department;
399	399	(C) the right to receive information:
400	400	(i) regarding compensation to victims of
401	401	crime as provided by Chapter 56B, including information relating to
402	402	[about:
403	403	[(i)] the costs that may be compensated
404	404	under that chapter, eligibility for compensation, and procedures
405	405	for application for compensation under that chapter;
406	406	(ii) for a victim of a sexual assault,
407	407	regarding the payment under Subchapter G for a forensic medical
408	408	examination and for any prescribed continuing medical care provided
409	409	to the victim during the 30-day period following that examination
410	410	[under Article 56A.252 for a victim of an alleged sexual assault];
411	411	and
412	412	(iii) providing a referral to available
413	413	social service agencies that may offer additional assistance; and
414	414	(D) the right of a victim, guardian of a victim,
415	415	or close relative of a deceased victim, as defined by Section
416	416	508.117, Government Code, to appear in person before a member of the
417	417	board as provided by Section 508.153, Government Code.
418	418	SECTION 14. Article 56B.107, Code of Criminal Procedure, is
419	419	amended by adding Subsection (d) to read as follows:
420	420	(d) For purposes of Subsection (a)(1), a victim receiving a
421	421	forensic medical examination constitutes sufficient evidence that
422	422	a victim has substantially cooperated with an investigation of a
423	423	sexual assault or other sex offense.
424	424	SECTION 15. Article 56B.453(d), Code of Criminal Procedure,
425	425	is amended to read as follows:
426	426	(d) The attorney general may use the fund to:
427	427	(1) reimburse a health care provider or a sexual
428	428	assault examiner or sexual assault nurse examiner for certain costs
429	429	of a forensic medical examination that are incurred by the provider
430	430	or the examiner under Subchapter [F or] G, Chapter 56A[, as provided
431	431	by those subchapters]; and
432	432	(2) make a payment to or on behalf of a victim of a
433	433	sexual assault [an individual] for the reasonable costs incurred
434	434	for testing and [medical] care provided under Subchapter [F or] G,
435	435	Chapter 56A, as described by Article 56A.305 [in accordance with
436	436	Section 323.004, Health and Safety Code].
437	437	SECTION 16. Section 57.002(a), Family Code, is amended to
438	438	read as follows:
439	439	(a) A victim, guardian of a victim, or close relative of a
440	440	deceased victim is entitled to the following rights within the
441	441	juvenile justice system:
442	442	(1) the right to receive from law enforcement agencies
443	443	adequate protection from harm and threats of harm arising from
444	444	cooperation with prosecution efforts;
445	445	(2) the right to have the court or person appointed by
446	446	the court take the safety of the victim or the victim's family into
447	447	consideration as an element in determining whether the child should
448	448	be detained before the child's conduct is adjudicated;
449	449	(3) the right, if requested, to be informed of
450	450	relevant court proceedings, including appellate proceedings, and
451	451	to be informed in a timely manner if those court proceedings have
452	452	been canceled or rescheduled;
453	453	(4) the right to be informed, when requested, by the
454	454	court or a person appointed by the court concerning the procedures
455	455	in the juvenile justice system, including general procedures
456	456	relating to:
457	457	(A) the preliminary investigation and deferred
458	458	prosecution of a case; and
459	459	(B) the appeal of the case;
460	460	(5) the right to provide pertinent information to a
461	461	juvenile court conducting a disposition hearing concerning the
462	462	impact of the offense on the victim and the victim's family by
463	463	testimony, written statement, or any other manner before the court
464	464	renders its disposition;
465	465	(6) the right to receive information:
466	466	(A) regarding compensation to victims as
467	467	provided by Chapter 56B, Code of Criminal Procedure, including
468	468	information relating [related] to the costs that may be
469	469	compensated under that chapter and the amount of compensation,
470	470	eligibility for compensation, and procedures for application for
471	471	compensation under that chapter;
472	472	(B) for a victim of a sexual assault, regarding
473	473	the payment under Subchapter G, Chapter 56A, Code of Criminal
474	474	Procedure, for a forensic medical examination and for any
475	475	prescribed continuing medical care provided to the victim during
476	476	the 30-day period following that examination; [of medical expenses
477	477	under Subchapter F, Chapter 56A, Code of Criminal Procedure, for a
478	478	victim of a sexual assault,] and
479	479	(C) when requested, providing a [to] referral to
480	480	available social service agencies that may offer additional
481	481	assistance;
482	482	(7) the right to be informed, upon request, of
483	483	procedures for release under supervision or transfer of the person
484	484	to the custody of the Texas Department of Criminal Justice for
485	485	parole, to participate in the release or transfer for parole
486	486	process, to be notified, if requested, of the person's release,
487	487	escape, or transfer for parole proceedings concerning the person,
488	488	to provide to the Texas Juvenile Justice Department for inclusion
489	489	in the person's file information to be considered by the department
490	490	before the release under supervision or transfer for parole of the
491	491	person, and to be notified, if requested, of the person's release or
492	492	transfer for parole;
493	493	(8) the right to be provided with a waiting area,
494	494	separate or secure from other witnesses, including the child
495	495	alleged to have committed the conduct and relatives of the child,
496	496	before testifying in any proceeding concerning the child, or, if a
497	497	separate waiting area is not available, other safeguards should be
498	498	taken to minimize the victim's contact with the child and the
499	499	child's relatives and witnesses, before and during court
500	500	proceedings;
501	501	(9) the right to prompt return of any property of the
502	502	victim that is held by a law enforcement agency or the attorney for
503	503	the state as evidence when the property is no longer required for
504	504	that purpose;
505	505	(10) the right to have the attorney for the state
506	506	notify the employer of the victim, if requested, of the necessity of
507	507	the victim's cooperation and testimony in a proceeding that may
508	508	necessitate the absence of the victim from work for good cause;
509	509	(11) the right to be present at all public court
510	510	proceedings related to the conduct of the child as provided by
511	511	Section 54.08, subject to that section; and
512	512	(12) any other right appropriate to the victim that a
513	513	victim of criminal conduct has under Subchapter B, Chapter 56A,
514	514	Code of Criminal Procedure.
515	515	SECTION 17. Section 501.174, Government Code, is amended to
516	516	read as follows:
517	517	Sec. 501.174. DEPARTMENT TO ADOPT POLICY. The department
518	518	shall adopt a policy providing for:
519	519	(1) a designated administrator at each correctional
520	520	facility to post information throughout the facility describing how
521	521	an inmate may confidentially contact the ombudsperson regarding a
522	522	sexual assault;
523	523	(2) an inmate to write a confidential letter to the
524	524	ombudsperson regarding a sexual assault;
525	525	(3) employees at correctional facilities, on
526	526	notification of the occurrence of a sexual assault, to immediately:
527	527	(A) contact the ombudsperson and the office of
528	528	the inspector general; and
529	529	(B) ensure that the alleged victim is safe;
530	530	(4) the office of the inspector general, at the time
531	531	the office is notified of the sexual assault, to arrange for a
532	532	medical examination of the alleged victim to be conducted in
533	533	accordance with Subchapter G [F], Chapter 56A, Code of Criminal
534	534	Procedure, or, if an appropriate employee of the office of the
535	535	inspector general is not available at the time the office is
536	536	notified of the sexual assault, a qualified employee at the
537	537	correctional facility to conduct a medical examination of the
538	538	alleged victim in accordance with that subchapter;
539	539	(5) a grievance proceeding under Section 501.008 based
540	540	on an alleged sexual assault to be exempt from any deadline
541	541	applicable to grievances initiated under that section; and
542	542	(6) each correctional facility to collect statistics
543	543	on all alleged sexual assaults against inmates confined in the
544	544	facility and to report the statistics to the ombudsperson.
545	545	SECTION 18. Section 241.1031(a), Health and Safety Code, is
546	546	amended to read as follows:
547	547	(a) A hospital may not destroy a medical record from the
548	548	forensic medical examination of a sexual assault victim conducted
549	549	under Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure,
550	550	until the 20th anniversary of the date the record was created.
551	551	SECTION 19. Section 323.004(b), Health and Safety Code, is
552	552	amended to read as follows:
553	553	(b) A health care facility providing care to a sexual
554	554	assault survivor shall provide the survivor with:
555	555	(1) subject to Subsection (b-1), a forensic medical
556	556	examination in accordance with Subchapter B, Chapter 420,
557	557	Government Code, and [if the examination has been requested by a law
558	558	enforcement agency under Subchapter F, Chapter 56A, Code of
559	559	Criminal Procedure, or is conducted under] Subchapter G, Chapter
560	560	56A, Code of Criminal Procedure;
561	561	(2) a private area, if available, to wait or speak with
562	562	the appropriate medical, legal, or sexual assault crisis center
563	563	staff or volunteer until a physician, nurse, or physician assistant
564	564	is able to treat the survivor;
565	565	(3) access to a sexual assault program advocate, if
566	566	available, as provided by Subchapter H, Chapter 56A, Code of
567	567	Criminal Procedure;
568	568	(4) the information form required by Section 323.005;
569	569	(5) a private treatment room, if available;
570	570	(6) if indicated by the history of contact, access to
571	571	appropriate prophylaxis for exposure to sexually transmitted
572	572	infections;
573	573	(7) the name and telephone number of the nearest
574	574	sexual assault crisis center; and
575	575	(8) if the health care facility has shower facilities,
576	576	access to a shower at no cost to the survivor after the examination
577	577	described by Subdivision (1).
578	578	SECTION 20. Section 323.005(a), Health and Safety Code, is
579	579	amended to read as follows:
580	580	(a) The commission shall develop a standard information
581	581	form for sexual assault survivors that must include:
582	582	(1) a detailed explanation of the forensic medical
583	583	examination required to be provided by law, including a statement
584	584	that photographs may be taken of the genitalia;
585	585	(2) information regarding treatment of sexually
586	586	transmitted infections and pregnancy, including:
587	587	(A) generally accepted medical procedures;
588	588	(B) appropriate medications; and
589	589	(C) any contraindications of the medications
590	590	prescribed for treating sexually transmitted infections and
591	591	preventing pregnancy;
592	592	(3) information regarding drug-facilitated sexual
593	593	assault, including the necessity for an immediate urine test for
594	594	sexual assault survivors who may have been involuntarily drugged;
595	595	(4) information regarding crime victims compensation
596	596	and regarding the payment of costs and the reimbursements available
597	597	for testing and care to be provided as described by Subchapter G,
598	598	Chapter 56A, Code of Criminal Procedure [, including:
599	599	[(A) a statement that public agencies are
600	600	responsible for paying for the forensic portion of an examination
601	601	conducted under Subchapter F or G, Chapter 56A, Code of Criminal
602	602	Procedure, and for the evidence collection kit used in connection
603	603	with the examination and that the health care facility or provider,
604	604	as applicable, is responsible for seeking reimbursement for those
605	605	costs; and
606	606	[(B) information regarding the reimbursement of
607	607	the survivor for the medical portion of the examination];
608	608	(5) an explanation that consent for the forensic
609	609	medical examination may be withdrawn at any time during the
610	610	examination;
611	611	(6) the name and telephone number of sexual assault
612	612	crisis centers statewide;
613	613	(7) information regarding postexposure prophylaxis
614	614	for HIV infection;
615	615	(8) information regarding the period for which
616	616	biological evidence collected from the forensic medical
617	617	examination will be retained and preserved under Article 38.43,
618	618	Code of Criminal Procedure; and
619	619	(9) a statement that the survivor has the right to
620	620	access a shower for free after the forensic medical examination, if
621	621	shower facilities are available at the health care facility.
622	622	SECTION 21. Section 323.0051(a), Health and Safety Code, is
623	623	amended to read as follows:
624	624	(a) The commission shall develop a standard information
625	625	form for sexual assault survivors who arrive at a health care
626	626	facility that is not a SAFE-ready facility. The information form
627	627	must include:
628	628	(1) information regarding the benefits of a forensic
629	629	medical examination conducted by a sexual assault forensic
630	630	examiner;
631	631	(2) the Internet website address to the commission's
632	632	list of SAFE-ready facilities that includes the facilities'
633	633	physical addresses as required by Section 323.008;
634	634	(3) the following statements:
635	635	(A) "As a survivor of sexual assault, you have
636	636	the right to receive a forensic medical examination for sexual
637	637	assault at this hospital emergency room if you are requesting the
638	638	examination not later than 120 hours after the assault. For parents
639	639	or guardians of a minor child, your child has the right to receive
640	640	the forensic medical examination at any time, regardless of when
641	641	the assault occurred.";
642	642	(B) "A report to law enforcement is not required,
643	643	but if you are an adult survivor who for any reason did not make a
644	644	timely request for the forensic medical examination [make a
645	645	report], law enforcement may be required to [must] first authorize
646	646	the examination."; and
647	647	(C) "Call 1-800-656-HOPE to be connected to a
648	648	sexual assault [rape] crisis center for free and confidential
649	649	assistance."; and
650	650	(4) information on the procedure for submitting a
651	651	complaint against the health care facility.
652	652	SECTION 22. Section 323.0052(a), Health and Safety Code, is
653	653	amended to read as follows:
654	654	(a) The commission shall develop a standard information
655	655	form that, as described by Subsection (b), is to be provided to
656	656	sexual assault survivors who have not given signed, written consent
657	657	to a health care facility to release the evidence as provided by
658	658	Section 420.0735, Government Code. The form must include the
659	659	following information:
660	660	(1) the Department of Public Safety's policy regarding
661	661	storage of evidence of a sexual assault or other sex offense that is
662	662	collected under Subchapter G, Chapter 56A, Code of Criminal
663	663	Procedure, including:
664	664	(A) a statement that the evidence will be stored
665	665	until the fifth anniversary of the date on which the evidence was
666	666	collected before the evidence becomes eligible for destruction; and
667	667	(B) the department's procedures regarding the
668	668	notification of the survivor through the statewide electronic
669	669	tracking system before a planned destruction of the evidence;
670	670	(2) a statement that the survivor may request the
671	671	release of the evidence to a law enforcement agency and report a
672	672	sexual assault or other sex offense to the agency at any time;
673	673	(3) the name, phone number, and e-mail address of the
674	674	law enforcement agency with jurisdiction over the offense; and
675	675	(4) the name and phone number of a local sexual assault
676	676	[rape] crisis center.
677	677	SECTION 23. Sections 323.054(a), (c), and (d), Health and
678	678	Safety Code, are amended to read as follows:
679	679	(a) A SAFE program shall provide to a sexual assault
680	680	survivor under the care of the program a forensic medical
681	681	examination in accordance with Subchapter B, Chapter 420,
682	682	Government Code, and [if the examination has been requested by a law
683	683	enforcement agency under Subchapter F, Chapter 56A, Code of
684	684	Criminal Procedure, or if the examination is performed in
685	685	accordance with] Subchapter G, Chapter 56A, Code of Criminal
686	686	Procedure.
687	687	(c) A sexual assault examiner or sexual assault nurse
688	688	examiner employed by or under contract with a SAFE program must
689	689	obtain the [a sexual assault survivor's informed, written] consent
690	690	described by Article 56A.303, Code of Criminal Procedure, before
691	691	performing a forensic medical examination or providing medical
692	692	treatment to the survivor.
693	693	(d) A sexual assault survivor who receives a forensic
694	694	medical examination from a sexual assault examiner or sexual
695	695	assault nurse examiner employed by or under contract with a SAFE
696	696	program may not be required to:
697	697	(1) participate in the investigation or prosecution of
698	698	an offense as a prerequisite to receiving the forensic medical
699	699	examination or medical treatment; or
700	700	(2) pay for any [the] costs described by Article
701	701	56A.304(a), Code of Criminal Procedure [of the forensic portion of
702	702	the forensic medical examination or for the evidence collection
703	703	kit].
704	704	SECTION 24. Section 153.003(b), Occupations Code, is
705	705	amended to read as follows:
706	706	(b) The rules adopted under this section must prohibit a
707	707	physician from destroying a medical record from the forensic
708	708	medical examination of a sexual assault victim conducted under
709	709	Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure, until
710	710	the 20th anniversary of the date the record was created.
711	711	SECTION 25. The following provisions of the Code of
712	712	Criminal Procedure are repealed:
713	713	(1) Subchapter F, Chapter 56A; and
714	714	(2) Article 56A.306(d).
715	715	SECTION 26. The changes in law made by this Act to Chapters
716	716	56A and 56B, Code of Criminal Procedure, apply only to a sexual
717	717	assault or other sex offense that is first reported or for which
718	718	medical care is first sought on or after the effective date of this
719	719	Act. A sexual assault or other sex offense that is first reported
720	720	or for which medical care was first sought before the effective date
721	721	of this Act is governed by the law in effect on the date the sexual
722	722	assault was reported or the medical care was sought, and the former
723	723	law is continued in effect for that purpose.
724	724	SECTION 27. This Act takes effect September 1, 2023.