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A BILL TO BE ENTITLED
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AN ACT
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relating to a forensic medical examination occurring with respect |
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to a sexual assault reported to a law enforcement agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56A.251, Code of Criminal Procedure, is |
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amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of |
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the 86th Legislature, Regular Session, 2019, and is further amended |
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to read as follows: |
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Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION. |
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(a) If [Except as provided by Subsection (b), if] a sexual assault |
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is reported to a law enforcement agency within 120 [96] hours after |
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the assault, the law enforcement agency, with the consent of the |
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victim of the reported [alleged] assault, a person authorized to |
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act on behalf of the victim, or an employee of the Department of |
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Family and Protective Services, shall request a forensic medical |
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examination of the victim for use in the investigation or |
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prosecution of the offense. |
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(b) [A law enforcement agency may decline to request a |
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forensic medical examination under Subsection (a) only if: |
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[(1) the person reporting the sexual assault has made |
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one or more false reports of sexual assault to any law enforcement |
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agency; and |
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[(2) there is no other evidence to corroborate the |
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current allegations of sexual assault. |
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[(c)] If a sexual assault is not reported within the period |
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described by Subsection (a), on receiving the consent described by |
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Subsection (a), [that subsection] a law enforcement agency may |
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request a forensic medical examination of a victim of a reported [an |
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alleged] sexual assault for use in the investigation or prosecution |
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of the offense if: |
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(1) based on the circumstances of the reported |
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assault, the agency believes a forensic medical examination would |
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further that investigation or prosecution; or |
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(2) after a medical evaluation by a physician, sexual |
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assault examiner, or sexual assault nurse examiner, the physician |
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or examiner notifies the agency that a forensic medical examination |
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should be conducted [as considered appropriate by the agency]. |
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(c) If a sexual assault is reported to a law enforcement |
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agency as provided by Subsection (a) or (b), the law enforcement |
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agency shall document, in the form and manner required by the |
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attorney general, whether the agency requested a forensic medical |
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examination. The law enforcement agency shall: |
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(1) provide the documentation of the agency's decision |
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regarding a request for a forensic medical examination to: |
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(A) the health care facility and the physician, |
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sexual assault examiner, or sexual assault nurse examiner, as |
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applicable, who provides services to the victim that are related to |
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the sexual assault; and |
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(B) the victim or the person who consented to the |
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forensic medical examination on behalf of the victim; and |
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(2) maintain the documentation of the agency's |
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decision in accordance with the agency's record retention policies. |
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SECTION 2. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 3. The change in law made by this Act applies only |
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to a sexual assault reported on or after the effective date of this |
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Act. A sexual assault reported before the effective date of this |
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Act is governed by the law in effect on the date the sexual assault |
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was reported, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |