Texas 2023 - 88th Regular

Texas Senate Bill SB1401 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1401
2	2
3	3
4	4	AN ACT
5	5	relating to the rights of victims of sexual assault and to certain
6	6	procedures and reimbursements occurring with respect to a sexual
7	7	assault or other sex offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 38.435, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC
12	12	MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL
13	13	ASSAULT. Evidence collected during a forensic medical examination
14	14	conducted under Subchapter [F or] G, Chapter 56A, may not be used to
15	15	investigate or prosecute a misdemeanor offense, or an offense under
16	16	Subchapter D, Chapter 481, Health and Safety Code, alleged to have
17	17	been committed by the victim from whom the evidence was collected.
18	18	SECTION 2. Article 56A.051(a), Code of Criminal Procedure,
19	19	is amended to read as follows:
20	20	(a) A victim, guardian of a victim, or close relative of a
21	21	deceased victim is entitled to the following rights within the
22	22	criminal justice system:
23	23	(1) the right to receive from a law enforcement agency
24	24	adequate protection from harm and threats of harm arising from
25	25	cooperation with prosecution efforts;
26	26	(2) the right to have the magistrate consider the
27	27	safety of the victim or the victim's family in setting the amount of
28	28	bail for the defendant;
29	29	(3) if requested, the right to be informed:
30	30	(A) by the attorney representing the state of
31	31	relevant court proceedings, including appellate proceedings, and
32	32	to be informed if those proceedings have been canceled or
33	33	rescheduled before the event; and
34	34	(B) by an appellate court of the court's
35	35	decisions, after the decisions are entered but before the decisions
36	36	are made public;
37	37	(4) when requested, the right to be informed:
38	38	(A) by a peace officer concerning the defendant's
39	39	right to bail and the procedures in criminal investigations; and
40	40	(B) by the office of the attorney representing
41	41	the state concerning the general procedures in the criminal justice
42	42	system, including general procedures in guilty plea negotiations
43	43	and arrangements, restitution, and the appeals and parole process;
44	44	(5) the right to provide pertinent information to a
45	45	community supervision and corrections department conducting a
46	46	presentencing investigation concerning the impact of the offense on
47	47	the victim and the victim's family by testimony, written statement,
48	48	or any other manner before any sentencing of the defendant;
49	49	(6) the right to receive information:
50	50	(A) regarding compensation to victims of crime as
51	51	provided by Chapter 56B, including information related to the costs
52	52	that may be compensated under that chapter and the amount of
53	53	compensation, eligibility for compensation, and procedures for
54	54	application for compensation under that chapter;
55	55	(B) for a victim of a sexual assault, regarding
56	56	the payment under Subchapter G for a forensic medical examination;
57	57	[under Article 56A.252 for a victim of an alleged sexual assault,]
58	58	and
59	59	(C) when requested, providing a [to] referral to
60	60	available social service agencies that may offer additional
61	61	assistance;
62	62	(7) the right to:
63	63	(A) be informed, on request, of parole
64	64	procedures;
65	65	(B) participate in the parole process;
66	66	(C) provide to the board for inclusion in the
67	67	defendant's file information to be considered by the board before
68	68	the parole of any defendant convicted of any offense subject to this
69	69	chapter; and
70	70	(D) be notified, if requested, of parole
71	71	proceedings concerning a defendant in the victim's case and of the
72	72	defendant's release;
73	73	(8) the right to be provided with a waiting area,
74	74	separate or secure from other witnesses, including the defendant
75	75	and relatives of the defendant, before testifying in any proceeding
76	76	concerning the defendant; if a separate waiting area is not
77	77	available, other safeguards should be taken to minimize the
78	78	victim's contact with the defendant and the defendant's relatives
79	79	and witnesses, before and during court proceedings;
80	80	(9) the right to the prompt return of any of the
81	81	victim's property that is held by a law enforcement agency or the
82	82	attorney representing the state as evidence when the property is no
83	83	longer required for that purpose;
84	84	(10) the right to have the attorney representing the
85	85	state notify the victim's employer, if requested, that the victim's
86	86	cooperation and testimony is necessary in a proceeding that may
87	87	require the victim to be absent from work for good cause;
88	88	(11) the right to request victim-offender mediation
89	89	coordinated by the victim services division of the department;
90	90	(12) the right to be informed of the uses of a victim
91	91	impact statement and the statement's purpose in the criminal
92	92	justice system as described by Subchapter D, to complete the victim
93	93	impact statement, and to have the victim impact statement
94	94	considered:
95	95	(A) by the attorney representing the state and
96	96	the judge before sentencing or before a plea bargain agreement is
97	97	accepted; and
98	98	(B) by the board before a defendant is released
99	99	on parole;
100	100	(13) for a victim of an assault or sexual assault who
101	101	is younger than 17 years of age or whose case involves family
102	102	violence, as defined by Section 71.004, Family Code, the right to
103	103	have the court consider the impact on the victim of a continuance
104	104	requested by the defendant; if requested by the attorney
105	105	representing the state or by the defendant's attorney, the court
106	106	shall state on the record the reason for granting or denying the
107	107	continuance; and
108	108	(14) if the offense is a capital felony, the right to:
109	109	(A) receive by mail from the court a written
110	110	explanation of defense-initiated victim outreach if the court has
111	111	authorized expenditures for a defense-initiated victim outreach
112	112	specialist;
113	113	(B) not be contacted by the victim outreach
114	114	specialist unless the victim, guardian, or relative has consented
115	115	to the contact by providing a written notice to the court; and
116	116	(C) designate a victim service provider to
117	117	receive all communications from a victim outreach specialist acting
118	118	on behalf of any person.
119	119	SECTION 3. Article 56A.052(a), Code of Criminal Procedure,
120	120	is amended to read as follows:
121	121	(a) If the offense is a sexual assault, a victim, guardian
122	122	of a victim, or close relative of a deceased victim is entitled to
123	123	the following rights within the criminal justice system:
124	124	(1) if requested, the right to a disclosure of
125	125	information regarding:
126	126	(A) any evidence that was collected during the
127	127	investigation of the offense, unless disclosing the information
128	128	would interfere with the investigation or prosecution of the
129	129	offense, in which event the victim, guardian, or relative shall be
130	130	informed of the estimated date on which that information is
131	131	expected to be disclosed; and
132	132	(B) the status of any analysis being performed of
133	133	any evidence described by Paragraph (A);
134	134	(2) if requested, the right to be notified:
135	135	(A) at the time a request is submitted to a crime
136	136	laboratory to process and analyze any evidence that was collected
137	137	during the investigation of the offense;
138	138	(B) at the time of the submission of a request to
139	139	compare any biological evidence collected during the investigation
140	140	of the offense with DNA profiles maintained in a state or federal
141	141	DNA database; and
142	142	(C) of the results of the comparison described by
143	143	Paragraph (B), unless disclosing the results would interfere with
144	144	the investigation or prosecution of the offense, in which event the
145	145	victim, guardian, or relative shall be informed of the estimated
146	146	date on which those results are expected to be disclosed;
147	147	(3) if requested, the right to counseling regarding
148	148	acquired immune deficiency syndrome (AIDS) and human
149	149	immunodeficiency virus (HIV) infection; and
150	150	(4) for the victim, the right to:
151	151	(A) testing for acquired immune deficiency
152	152	syndrome (AIDS), human immunodeficiency virus (HIV) infection,
153	153	antibodies to HIV, or infection with any other probable causative
154	154	agent of AIDS; and
155	155	(B) a forensic medical examination as [to the
156	156	extent] provided by Subchapter [Subchapters F and] G [if, within
157	157	120 hours of the offense:
158	158	[(i) the offense is reported to a law
159	159	enforcement agency; or
160	160	[(ii) a forensic medical examination is
161	161	otherwise conducted at a health care provider].
162	162	SECTION 4. The heading to Subchapter G, Chapter 56A, Code of
163	163	Criminal Procedure, is amended to read as follows:
164	164	SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
165	165	VICTIM [NOT REPORTING ASSAULT]
166	166	SECTION 5. Article 56A.303, Code of Criminal Procedure, is
167	167	amended by amending Subsection (a) and adding Subsection (b-1) to
168	168	read as follows:
169	169	(a) In accordance with Subchapter B, Chapter 420,
170	170	Government Code, and except as provided by Subsection (b), a health
171	171	care provider shall conduct a forensic medical examination of:
172	172	(1) a victim of a sexual assault who is a minor as
173	173	defined by Section 101.003, Family Code, regardless of when the
174	174	victim arrives at the provider, if the victim, a person authorized
175	175	to act on behalf of the victim, or an employee of the Department of
176	176	Family and Protective Services consents to the examination, or if
177	177	consent is provided as described by Section 32.003 or 32.005,
178	178	Family Code; and
179	179	(2) a victim of a sexual assault who is not a minor,
180	180	if:
181	181	(A) [(1)] the victim arrives at the provider:
182	182	(i) within 120 hours after the assault
183	183	occurred; or
184	184	(ii) later than 120 hours after the assault
185	185	occurred, and the victim is:
186	186	(a) referred for a forensic medical
187	187	examination by a law enforcement agency under Subsection (b-1); or
188	188	(b) referred for a forensic medical
189	189	examination by a physician, sexual assault examiner, or sexual
190	190	assault nurse examiner who has conducted a preliminary medical
191	191	evaluation and determined that a forensic medical examination
192	192	should be conducted; and
193	193	(B) the victim, a person authorized to act on
194	194	behalf of the victim, or an employee of the Department of Family and
195	195	Protective Services consents to the examination
196	196	[(2) the victim consents to the examination; and
197	197	[(3) at the time of the examination the victim has not
198	198	reported the assault to a law enforcement agency].
199	199	(b-1) A law enforcement agency shall refer a victim of a
200	200	sexual assault for a forensic medical examination, to be conducted
201	201	in accordance with Subsection (a), if a sexual assault is reported
202	202	to a law enforcement agency within 120 hours after the assault or,
203	203	if the victim is a minor as defined by Section 101.003, Family Code,
204	204	regardless of when the sexual assault is reported. A law
205	205	enforcement agency may make the same referral with respect to any
206	206	victim of a sexual assault who is not a minor and who does not report
207	207	the sexual assault within the 120-hour period required by this
208	208	subsection if the agency believes that a forensic medical
209	209	examination may further a sexual assault investigation or
210	210	prosecution.
211	211	SECTION 6. Articles 56A.304(a) and (b), Code of Criminal
212	212	Procedure, are amended to read as follows:
213	213	(a) On application to the attorney general and subject to
214	214	Article 56A.305(e), a health care provider that provides a forensic
215	215	medical examination to a sexual assault survivor in accordance with
216	216	this subchapter, or the sexual assault examiner or sexual assault
217	217	nurse examiner who conducts that examination in accordance with
218	218	this subchapter, as applicable, [within 120 hours after the sexual
219	219	assault occurred] is entitled to be reimbursed in an amount set by
220	220	attorney general rule for:
221	221	(1) the reasonable costs of the forensic portion of
222	222	that examination; [and]
223	223	(2) the evidence collection kit; and
224	224	(3) the reasonable costs of other medical care
225	225	provided to the victim during the forensic medical examination in
226	226	accordance with Subchapters A and B, Chapter 323, Health and Safety
227	227	Code.
228	228	(b) The application under Subsection (a) must be in the form
229	229	and manner prescribed by the attorney general and must include:
230	230	(1) certification that the examination was conducted
231	231	in accordance with the requirements of Article 56A.303(a); and
232	232	(2) a complete and itemized bill of the reasonable
233	233	costs of the forensic portion of the examination and any additional
234	234	medical care described by Subsection (a)(3).
235	235	SECTION 7. Subchapter G, Chapter 56A, Code of Criminal
236	236	Procedure, is amended by adding Article 56A.3045 to read as
237	237	follows:
238	238	Art. 56A.3045. PAYMENT OF COSTS RELATED TO TESTIMONY. A law
239	239	enforcement agency or an office of the attorney representing the
240	240	state may pay any costs related to the testimony of a licensed
241	241	health care professional in a criminal proceeding regarding the
242	242	results of a forensic medical examination described by Article
243	243	56A.303 or the manner in which the examination was performed.
244	244	SECTION 8. Article 56A.305, Code of Criminal Procedure, is
245	245	amended to read as follows:
246	246	Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL
247	247	CARE. (a) The attorney general shall [may] make a payment to a
248	248	victim of a sexual assault or on behalf of a victim of a sexual
249	249	assault [an individual] for the reasonable costs incurred for
250	250	medical care that is provided to the victim as described by Article
251	251	56A.304(a) [in accordance with Sections 323.004, 323.053, and
252	252	323.054, Health and Safety Code].
253	253	(b) The attorney general shall make a payment under
254	254	Subsection (a) in accordance with the medical fee guidelines
255	255	prescribed by Subtitle A, Title 5, Labor Code. A payment made under
256	256	Subsection (a) may not exceed $25,000.
257	257	(c) Neither the attorney general nor a victim of a sexual
258	258	assault is liable for costs incurred for medical care that:
259	259	(1) exceed the medical fee guidelines described by
260	260	Subsection (b); or
261	261	(2) is not medically necessary.
262	262	(d) The Health and Human Services Commission may contract
263	263	with a third-party vendor or other entity to provide health care
264	264	providers access to prescription drugs for purposes of medical care
265	265	described by Subsection (a).
266	266	(e) The attorney general may deny or reduce a payment under
267	267	Subsection (a) to the extent that the amount otherwise proposed for
268	268	reimbursement is recouped from a collateral source.
269	269	SECTION 9. Article 56A.306, Code of Criminal Procedure, is
270	270	amended by amending Subsections (a), (b), and (c) and adding
271	271	Subsection (a-1) to read as follows:
272	272	(a) The department, consistent with Chapter 420, Government
273	273	Code, shall develop procedures for the transfer and preservation of
274	274	evidence collected during a forensic medical examination for a
275	275	sexual assault that was not reported to a law enforcement agency,
276	276	including procedures for:
277	277	(1) the transfer of the evidence [collected under this
278	278	subchapter] to a crime laboratory or other suitable location
279	279	designated by the public safety director of the department;
280	280	(2) the preservation of the evidence by the entity
281	281	receiving the evidence; and
282	282	(3) the notification of the victim of the offense
283	283	through the statewide electronic tracking system before a planned
284	284	destruction of evidence under this article.
285	285	(a-1) The transfer and preservation of evidence collected
286	286	during a forensic medical examination for a reported sexual assault
287	287	must comply with the procedures under Sections 420.035(b) and (c)
288	288	and 420.042(a), Government Code.
289	289	(b) Subject to Subsection (c), an entity receiving evidence
290	290	collected during a forensic medical examination as described by
291	291	this subchapter [described by Subsection (a)] shall preserve the
292	292	evidence until the earlier of:
293	293	(1) the fifth anniversary of the date on which the
294	294	evidence was collected; or
295	295	(2) the date on which written consent to release the
296	296	evidence is obtained as provided by Section 420.0735, Government
297	297	Code.
298	298	(c) An entity receiving evidence collected during a
299	299	forensic medical examination as described by this subchapter
300	300	[described by Subsection (a)] may destroy the evidence on the
301	301	expiration of the entity's duty to preserve the evidence under
302	302	Subsection (b)(1) only if notice of the planned destruction is
303	303	entered into the statewide electronic tracking system and an [:
304	304	[(1) the entity provides written notification to the
305	305	victim of the offense, in a trauma-informed manner, of the decision
306	306	to destroy the evidence that includes:
307	307	[(A) detailed instructions on how the victim may
308	308	make a written objection to the decision, including contact
309	309	information for the entity; or
310	310	[(B) a standard form for the victim to complete
311	311	and return to the entity to make a written objection to the
312	312	decision; and
313	313	[(2) a written] objection is not received by the
314	314	entity from the victim before the 91st day after the date on which
315	315	the entity entered the notice [notifies the victim] of the planned
316	316	destruction of the evidence into the tracking system.
317	317	SECTION 10. Article 56A.307, Code of Criminal Procedure, is
318	318	amended to read as follows:
319	319	Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF
320	320	ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
321	321	Government Code, may develop procedures regarding the submission or
322	322	collection of additional evidence of a sexual assault other than
323	323	through a forensic medical examination as described by Article
324	324	56A.303 [56A.303(a)].
325	325	SECTION 11. Article 56A.308(b), Code of Criminal Procedure,
326	326	is amended to read as follows:
327	327	(b) A communication or record is confidential for purposes
328	328	of Section 552.101, Government Code, if the communication or
329	329	record:
330	330	(1) contains identifying information regarding a
331	331	victim who receives a forensic medical examination under Article
332	332	56A.303 [56A.303(a)]; and
333	333	(2) is created by, provided to, or in the control or
334	334	possession of the department.
335	335	SECTION 12. Article 56A.401, Code of Criminal Procedure, is
336	336	amended to read as follows:
337	337	Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial
338	338	contact or at the earliest possible time after the initial contact
339	339	between a victim of a reported offense and the law enforcement
340	340	agency having the responsibility for investigating the offense, the
341	341	agency shall provide the victim a written notice containing:
342	342	(1) information about the availability of emergency
343	343	and medical services, if applicable;
344	344	(2) information about the rights of crime victims
345	345	under Subchapter B;
346	346	(3) notice that the victim has the right to receive
347	347	information:
348	348	(A) regarding compensation to victims of crime as
349	349	provided by Chapter 56B, including information relating to [about:
350	350	[(A)] the costs that may be compensated under
351	351	that chapter and the amount of compensation, eligibility for
352	352	compensation, and procedures for application for compensation
353	353	under that chapter;
354	354	(B) for a victim of a sexual assault, regarding
355	355	the payment under Subchapter G for a forensic medical examination
356	356	[under Article 56A.252 for a victim of an alleged sexual assault];
357	357	and
358	358	(C) providing a referral to available social
359	359	service agencies that may offer additional assistance;
360	360	(4) the name, address, and phone number of the law
361	361	enforcement agency's crime victim liaison;
362	362	(5) the name, address, and phone number of the victim
363	363	assistance coordinator of the office of the attorney representing
364	364	the state; and
365	365	(6) the following statement:
366	366	"You may call the law enforcement agency's telephone number
367	367	for the status of the case and information about victims' rights."
368	368	SECTION 13. Article 56A.451(a), Code of Criminal Procedure,
369	369	is amended to read as follows:
370	370	(a) Not later than the 10th day after the date that an
371	371	indictment or information is returned against a defendant for an
372	372	offense, the attorney representing the state shall give to each
373	373	victim of the offense a written notice containing:
374	374	(1) the case number and assigned court for the case;
375	375	(2) a brief general statement of each procedural stage
376	376	in the processing of a criminal case, including bail, plea
377	377	bargaining, parole restitution, and appeal;
378	378	(3) suggested steps the victim may take if the victim
379	379	is subjected to threats or intimidation;
380	380	(4) the name, address, and phone number of the local
381	381	victim assistance coordinator; and
382	382	(5) notification of:
383	383	(A) the rights and procedures under this chapter,
384	384	Chapter 56B, and Subchapter B, Chapter 58;
385	385	(B) the right to file a victim impact statement
386	386	with the office of the attorney representing the state and the
387	387	department;
388	388	(C) the right to receive information:
389	389	(i) regarding compensation to victims of
390	390	crime as provided by Chapter 56B, including information relating to
391	391	[about:
392	392	[(i)] the costs that may be compensated
393	393	under that chapter, eligibility for compensation, and procedures
394	394	for application for compensation under that chapter;
395	395	(ii) for a victim of a sexual assault,
396	396	regarding the payment under Subchapter G for a forensic medical
397	397	examination [under Article 56A.252 for a victim of an alleged
398	398	sexual assault]; and
399	399	(iii) providing a referral to available
400	400	social service agencies that may offer additional assistance; and
401	401	(D) the right of a victim, guardian of a victim,
402	402	or close relative of a deceased victim, as defined by Section
403	403	508.117, Government Code, to appear in person before a member of the
404	404	board as provided by Section 508.153, Government Code.
405	405	SECTION 14. Article 56B.107, Code of Criminal Procedure, is
406	406	amended by adding Subsection (d) to read as follows:
407	407	(d) For purposes of Subsection (a)(1), a victim receiving a
408	408	forensic medical examination constitutes sufficient evidence that
409	409	a victim has substantially cooperated with an investigation of a
410	410	sexual assault or other sex offense.
411	411	SECTION 15. Article 56B.453(d), Code of Criminal Procedure,
412	412	is amended to read as follows:
413	413	(d) The attorney general may use the fund to:
414	414	(1) reimburse a health care provider or a sexual
415	415	assault examiner or sexual assault nurse examiner for certain costs
416	416	of a forensic medical examination that are incurred by the provider
417	417	or the examiner under Subchapter [F or] G, Chapter 56A[, as provided
418	418	by those subchapters]; and
419	419	(2) make a payment to or on behalf of a victim of a
420	420	sexual assault [an individual] for the reasonable costs incurred
421	421	for medical care provided under Subchapter [F or] G, Chapter 56A, as
422	422	described by Article 56A.305 [in accordance with Section 323.004,
423	423	Health and Safety Code].
424	424	SECTION 16. Section 57.002(a), Family Code, is amended to
425	425	read as follows:
426	426	(a) A victim, guardian of a victim, or close relative of a
427	427	deceased victim is entitled to the following rights within the
428	428	juvenile justice system:
429	429	(1) the right to receive from law enforcement agencies
430	430	adequate protection from harm and threats of harm arising from
431	431	cooperation with prosecution efforts;
432	432	(2) the right to have the court or person appointed by
433	433	the court take the safety of the victim or the victim's family into
434	434	consideration as an element in determining whether the child should
435	435	be detained before the child's conduct is adjudicated;
436	436	(3) the right, if requested, to be informed of
437	437	relevant court proceedings, including appellate proceedings, and
438	438	to be informed in a timely manner if those court proceedings have
439	439	been canceled or rescheduled;
440	440	(4) the right to be informed, when requested, by the
441	441	court or a person appointed by the court concerning the procedures
442	442	in the juvenile justice system, including general procedures
443	443	relating to:
444	444	(A) the preliminary investigation and deferred
445	445	prosecution of a case; and
446	446	(B) the appeal of the case;
447	447	(5) the right to provide pertinent information to a
448	448	juvenile court conducting a disposition hearing concerning the
449	449	impact of the offense on the victim and the victim's family by
450	450	testimony, written statement, or any other manner before the court
451	451	renders its disposition;
452	452	(6) the right to receive information:
453	453	(A) regarding compensation to victims as
454	454	provided by Chapter 56B, Code of Criminal Procedure, including
455	455	information relating [related] to the costs that may be
456	456	compensated under that chapter and the amount of compensation,
457	457	eligibility for compensation, and procedures for application for
458	458	compensation under that chapter;
459	459	(B) for a victim of a sexual assault, regarding
460	460	the payment under Subchapter G, Chapter 56A, Code of Criminal
461	461	Procedure, for a forensic medical examination; [of medical expenses
462	462	under Subchapter F, Chapter 56A, Code of Criminal Procedure, for a
463	463	victim of a sexual assault,] and
464	464	(C) when requested, providing a [to] referral to
465	465	available social service agencies that may offer additional
466	466	assistance;
467	467	(7) the right to be informed, upon request, of
468	468	procedures for release under supervision or transfer of the person
469	469	to the custody of the Texas Department of Criminal Justice for
470	470	parole, to participate in the release or transfer for parole
471	471	process, to be notified, if requested, of the person's release,
472	472	escape, or transfer for parole proceedings concerning the person,
473	473	to provide to the Texas Juvenile Justice Department for inclusion
474	474	in the person's file information to be considered by the department
475	475	before the release under supervision or transfer for parole of the
476	476	person, and to be notified, if requested, of the person's release or
477	477	transfer for parole;
478	478	(8) the right to be provided with a waiting area,
479	479	separate or secure from other witnesses, including the child
480	480	alleged to have committed the conduct and relatives of the child,
481	481	before testifying in any proceeding concerning the child, or, if a
482	482	separate waiting area is not available, other safeguards should be
483	483	taken to minimize the victim's contact with the child and the
484	484	child's relatives and witnesses, before and during court
485	485	proceedings;
486	486	(9) the right to prompt return of any property of the
487	487	victim that is held by a law enforcement agency or the attorney for
488	488	the state as evidence when the property is no longer required for
489	489	that purpose;
490	490	(10) the right to have the attorney for the state
491	491	notify the employer of the victim, if requested, of the necessity of
492	492	the victim's cooperation and testimony in a proceeding that may
493	493	necessitate the absence of the victim from work for good cause;
494	494	(11) the right to be present at all public court
495	495	proceedings related to the conduct of the child as provided by
496	496	Section 54.08, subject to that section; and
497	497	(12) any other right appropriate to the victim that a
498	498	victim of criminal conduct has under Subchapter B, Chapter 56A,
499	499	Code of Criminal Procedure.
500	500	SECTION 17. Section 501.174, Government Code, is amended to
501	501	read as follows:
502	502	Sec. 501.174. DEPARTMENT TO ADOPT POLICY. The department
503	503	shall adopt a policy providing for:
504	504	(1) a designated administrator at each correctional
505	505	facility to post information throughout the facility describing how
506	506	an inmate may confidentially contact the ombudsperson regarding a
507	507	sexual assault;
508	508	(2) an inmate to write a confidential letter to the
509	509	ombudsperson regarding a sexual assault;
510	510	(3) employees at correctional facilities, on
511	511	notification of the occurrence of a sexual assault, to immediately:
512	512	(A) contact the ombudsperson and the office of
513	513	the inspector general; and
514	514	(B) ensure that the alleged victim is safe;
515	515	(4) the office of the inspector general, at the time
516	516	the office is notified of the sexual assault, to arrange for a
517	517	medical examination of the alleged victim to be conducted in
518	518	accordance with Subchapter G [F], Chapter 56A, Code of Criminal
519	519	Procedure, or, if an appropriate employee of the office of the
520	520	inspector general is not available at the time the office is
521	521	notified of the sexual assault, a qualified employee at the
522	522	correctional facility to conduct a medical examination of the
523	523	alleged victim in accordance with that subchapter;
524	524	(5) a grievance proceeding under Section 501.008 based
525	525	on an alleged sexual assault to be exempt from any deadline
526	526	applicable to grievances initiated under that section; and
527	527	(6) each correctional facility to collect statistics
528	528	on all alleged sexual assaults against inmates confined in the
529	529	facility and to report the statistics to the ombudsperson.
530	530	SECTION 18. Section 241.1031(a), Health and Safety Code, is
531	531	amended to read as follows:
532	532	(a) A hospital may not destroy a medical record from the
533	533	forensic medical examination of a sexual assault victim conducted
534	534	under Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure,
535	535	until the 20th anniversary of the date the record was created.
536	536	SECTION 19. Section 323.004(b), Health and Safety Code, is
537	537	amended to read as follows:
538	538	(b) A health care facility providing care to a sexual
539	539	assault survivor shall provide the survivor with:
540	540	(1) subject to Subsection (b-1), a forensic medical
541	541	examination in accordance with Subchapter B, Chapter 420,
542	542	Government Code, and [if the examination has been requested by a law
543	543	enforcement agency under Subchapter F, Chapter 56A, Code of
544	544	Criminal Procedure, or is conducted under] Subchapter G, Chapter
545	545	56A, Code of Criminal Procedure;
546	546	(2) a private area, if available, to wait or speak with
547	547	the appropriate medical, legal, or sexual assault crisis center
548	548	staff or volunteer until a physician, nurse, or physician assistant
549	549	is able to treat the survivor;
550	550	(3) access to a sexual assault program advocate, if
551	551	available, as provided by Subchapter H, Chapter 56A, Code of
552	552	Criminal Procedure;
553	553	(4) the information form required by Section 323.005;
554	554	(5) a private treatment room, if available;
555	555	(6) if indicated by the history of contact, access to
556	556	appropriate prophylaxis for exposure to sexually transmitted
557	557	infections;
558	558	(7) the name and telephone number of the nearest
559	559	sexual assault crisis center; and
560	560	(8) if the health care facility has shower facilities,
561	561	access to a shower at no cost to the survivor after the examination
562	562	described by Subdivision (1).
563	563	SECTION 20. Section 323.005(a), Health and Safety Code, is
564	564	amended to read as follows:
565	565	(a) The commission shall develop a standard information
566	566	form for sexual assault survivors that must include:
567	567	(1) a detailed explanation of the forensic medical
568	568	examination required to be provided by law, including a statement
569	569	that photographs may be taken of the genitalia;
570	570	(2) information regarding treatment of sexually
571	571	transmitted infections and pregnancy, including:
572	572	(A) generally accepted medical procedures;
573	573	(B) appropriate medications; and
574	574	(C) any contraindications of the medications
575	575	prescribed for treating sexually transmitted infections and
576	576	preventing pregnancy;
577	577	(3) information regarding drug-facilitated sexual
578	578	assault, including the necessity for an immediate urine test for
579	579	sexual assault survivors who may have been involuntarily drugged;
580	580	(4) information regarding crime victims compensation
581	581	and regarding the payment of costs and the reimbursements available
582	582	for care to be provided as described by Subchapter G, Chapter 56A,
583	583	Code of Criminal Procedure[, including:
584	584	[(A) a statement that public agencies are
585	585	responsible for paying for the forensic portion of an examination
586	586	conducted under Subchapter F or G, Chapter 56A, Code of Criminal
587	587	Procedure, and for the evidence collection kit used in connection
588	588	with the examination and that the health care facility or provider,
589	589	as applicable, is responsible for seeking reimbursement for those
590	590	costs; and
591	591	[(B) information regarding the reimbursement of
592	592	the survivor for the medical portion of the examination];
593	593	(5) an explanation that consent for the forensic
594	594	medical examination may be withdrawn at any time during the
595	595	examination;
596	596	(6) the name and telephone number of sexual assault
597	597	crisis centers statewide;
598	598	(7) information regarding postexposure prophylaxis
599	599	for HIV infection;
600	600	(8) information regarding the period for which
601	601	biological evidence collected from the forensic medical
602	602	examination will be retained and preserved under Article 38.43,
603	603	Code of Criminal Procedure; and
604	604	(9) a statement that the survivor has the right to
605	605	access a shower for free after the forensic medical examination, if
606	606	shower facilities are available at the health care facility.
607	607	SECTION 21. Section 323.0051(a), Health and Safety Code, is
608	608	amended to read as follows:
609	609	(a) The commission shall develop a standard information
610	610	form for sexual assault survivors who arrive at a health care
611	611	facility that is not a SAFE-ready facility. The information form
612	612	must include:
613	613	(1) information regarding the benefits of a forensic
614	614	medical examination conducted by a sexual assault forensic
615	615	examiner;
616	616	(2) the Internet website address to the commission's
617	617	list of SAFE-ready facilities that includes the facilities'
618	618	physical addresses as required by Section 323.008;
619	619	(3) the following statements:
620	620	(A) "As a survivor of sexual assault, you have
621	621	the right to receive a forensic medical examination for sexual
622	622	assault at this hospital emergency room if you are requesting the
623	623	examination not later than 120 hours after the assault. For parents
624	624	or guardians of a minor child, your child has the right to receive
625	625	the forensic medical examination at any time, regardless of when
626	626	the assault occurred."; and
627	627	(B) ["A report to law enforcement is not
628	628	required, but if you make a report, law enforcement must first
629	629	authorize the examination."; and
630	630	[(C)] "Call 1-800-656-HOPE to be connected to a
631	631	sexual assault [rape] crisis center for free and confidential
632	632	assistance."; and
633	633	(4) information on the procedure for submitting a
634	634	complaint against the health care facility.
635	635	SECTION 22. Section 323.0052(a), Health and Safety Code, is
636	636	amended to read as follows:
637	637	(a) The commission shall develop a standard information
638	638	form that, as described by Subsection (b), is to be provided to
639	639	sexual assault survivors who have not given signed, written consent
640	640	to a health care facility to release the evidence as provided by
641	641	Section 420.0735, Government Code. The form must include the
642	642	following information:
643	643	(1) the Department of Public Safety's policy regarding
644	644	storage of evidence of a sexual assault or other sex offense that is
645	645	collected under Subchapter G, Chapter 56A, Code of Criminal
646	646	Procedure, including:
647	647	(A) a statement that the evidence will be stored
648	648	until the fifth anniversary of the date on which the evidence was
649	649	collected before the evidence becomes eligible for destruction; and
650	650	(B) the department's procedures regarding the
651	651	notification of the survivor through the statewide electronic
652	652	tracking system before a planned destruction of the evidence;
653	653	(2) a statement that the survivor may request the
654	654	release of the evidence to a law enforcement agency and report a
655	655	sexual assault or other sex offense to the agency at any time;
656	656	(3) the name, phone number, and e-mail address of the
657	657	law enforcement agency with jurisdiction over the offense; and
658	658	(4) the name and phone number of a local sexual assault
659	659	[rape] crisis center.
660	660	SECTION 23. Sections 323.054(a), (c), and (d), Health and
661	661	Safety Code, are amended to read as follows:
662	662	(a) A SAFE program shall provide to a sexual assault
663	663	survivor under the care of the program a forensic medical
664	664	examination in accordance with Subchapter B, Chapter 420,
665	665	Government Code, and [if the examination has been requested by a law
666	666	enforcement agency under Subchapter F, Chapter 56A, Code of
667	667	Criminal Procedure, or if the examination is performed in
668	668	accordance with] Subchapter G, Chapter 56A, Code of Criminal
669	669	Procedure.
670	670	(c) A sexual assault examiner or sexual assault nurse
671	671	examiner employed by or under contract with a SAFE program must
672	672	obtain the [a sexual assault survivor's informed, written] consent
673	673	described by Article 56A.303, Code of Criminal Procedure, before
674	674	performing a forensic medical examination or providing medical
675	675	treatment to the survivor.
676	676	(d) A sexual assault survivor who receives a forensic
677	677	medical examination from a sexual assault examiner or sexual
678	678	assault nurse examiner employed by or under contract with a SAFE
679	679	program may not be required to:
680	680	(1) participate in the investigation or prosecution of
681	681	an offense as a prerequisite to receiving the forensic medical
682	682	examination or medical treatment; or
683	683	(2) pay for any [the] costs described by Article
684	684	56A.304(a), Code of Criminal Procedure [of the forensic portion of
685	685	the forensic medical examination or for the evidence collection
686	686	kit].
687	687	SECTION 24. Section 153.003(b), Occupations Code, is
688	688	amended to read as follows:
689	689	(b) The rules adopted under this section must prohibit a
690	690	physician from destroying a medical record from the forensic
691	691	medical examination of a sexual assault victim conducted under
692	692	Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure, until
693	693	the 20th anniversary of the date the record was created.
694	694	SECTION 25. The following provisions of the Code of
695	695	Criminal Procedure are repealed:
696	696	(1) Subchapter F, Chapter 56A; and
697	697	(2) Article 56A.306(d).
698	698	SECTION 26. (a) Except as provided by Subsection (b) of
699	699	this section, the changes in law made by this Act to Chapters 56A
700	700	and 56B, Code of Criminal Procedure, apply only to a sexual assault
701	701	or other sex offense that is first reported or for which medical
702	702	care is first sought on or after the effective date of this Act. A
703	703	sexual assault or other sex offense that is first reported or for
704	704	which medical care was first sought before the effective date of
705	705	this Act is governed by the law in effect on the date the sexual
706	706	assault was reported or the medical care was sought, and the former
707	707	law is continued in effect for that purpose.
708	708	(b) Article 56A.306(c), Code of Criminal Procedure, as
709	709	amended by this Act, applies only to evidence of a sexual assault or
710	710	other sex offense collected during a forensic medical examination
711	711	conducted on or after September 1, 2019.
712	712	SECTION 27. This Act takes effect September 1, 2023.
713	713	______________________________ ______________________________
714	714	President of the Senate Speaker of the House
715	715	I hereby certify that S.B. No. 1401 passed the Senate on
716	716	April 19, 2023, by the following vote: Yeas 31, Nays 0; and that
717	717	the Senate concurred in House amendment on May 11, 2023, by the
718	718	following vote: Yeas 30, Nays 0.
719	719	______________________________
720	720	Secretary of the Senate
721	721	I hereby certify that S.B. No. 1401 passed the House, with
722	722	amendment, on May 5, 2023, by the following vote: Yeas 137,
723	723	Nays 2, two present not voting.
724	724	______________________________
725	725	Chief Clerk of the House
726	726	Approved:
727	727	______________________________
728	728	Date
729	729	______________________________
730	730	Governor