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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of a sexual assault and to the collection |
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and submission of evidence with respect to that offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56A.052(a), Code of Criminal Procedure, |
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is amended to conform to Section 2, 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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(a) If the offense is a sexual assault, a victim, guardian |
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of a victim, or close relative of a deceased victim is entitled to |
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the following rights within the criminal justice system: |
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(1) if requested, the right to a disclosure of |
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information regarding: |
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(A) any evidence that was collected during the |
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investigation of the offense, unless disclosing the information |
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would interfere with the investigation or prosecution of the |
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offense, in which event the victim, guardian, or relative shall be |
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informed of the estimated date on which that information is |
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expected to be disclosed; and |
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(B) the status of any analysis being performed of |
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any evidence described by Paragraph (A); |
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(2) if requested, the right to be notified: |
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(A) at the time a request is submitted to a crime |
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laboratory to process and analyze any evidence that was collected |
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during the investigation of the offense; |
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(B) at the time of the submission of a request to |
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compare any biological evidence collected during the investigation |
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of the offense with DNA profiles maintained in a state or federal |
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DNA database; and |
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(C) of the results of the comparison described by |
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Paragraph (B), unless disclosing the results would interfere with |
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the investigation or prosecution of the offense, in which event the |
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victim, guardian, or relative shall be informed of the estimated |
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date on which those results are expected to be disclosed; |
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(3) if requested, the right to counseling regarding |
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acquired immune deficiency syndrome (AIDS) and human |
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immunodeficiency virus (HIV) infection; and |
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(4) for the victim, the right to: |
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(A) testing for acquired immune deficiency |
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syndrome (AIDS), human immunodeficiency virus (HIV) infection, |
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antibodies to HIV, or infection with any other probable causative |
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agent of AIDS; and |
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(B) a forensic medical examination to the extent |
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provided by Subchapters F and G if, within 120 [96] hours of the |
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offense: |
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(i) the offense is reported to a law |
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enforcement agency; or |
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(ii) a forensic medical examination is |
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otherwise conducted at a health care provider [facility]. |
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SECTION 2. Subchapter F, Chapter 56A, Code of Criminal |
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Procedure, is amended to conform to Section 3, Chapter 1037 (H.B. |
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616), Acts of the 86th Legislature, Regular Session, 2019, by |
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adding Article 56A.2505 and further amending that article to read |
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as follows: |
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Art. 56A.2505. APPLICABILITY. This subchapter applies to |
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health care providers described by Article 56A.302. |
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SECTION 3. Subchapter F, Chapter 56A, Code of Criminal |
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Procedure, is amended by adding Article 56A.2506 to read as |
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follows: |
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Art. 56A.2506. DEFINITION. In this subchapter, "reported |
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sexual assault" means a sexual assault that has been reported to a |
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law enforcement agency. |
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SECTION 4. 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) If a sexual assault is not reported within the period |
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described by Subsection (a) and the victim is a minor as defined by |
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Section 101.003, Family Code, on receiving the consent described by |
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Subsection (a) or the consent described by Section 32.003 or |
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32.005, Family Code, a law enforcement agency shall request a |
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forensic medical examination of the victim for use in the |
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investigation or prosecution of the offense [A law enforcement |
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agency may decline to request a forensic medical examination under |
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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) and the victim is not a minor as defined |
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by Section 101.003, Family Code, on receiving the consent described |
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by 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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(d) If a sexual assault is reported to a law enforcement |
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agency as provided by Subsection (a), (b), or (c), the law |
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enforcement agency shall document, in the form and manner required |
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by the attorney general, whether the agency requested a forensic |
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medical 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 provider 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 5. Article 56A.252, Code of Criminal Procedure, is |
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amended to conform to Sections 3 and 8, Chapter 1037 (H.B. 616), |
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Acts of the 86th Legislature, Regular Session, 2019, and is further |
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amended to read as follows: |
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Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. (a) [A law |
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enforcement agency that requests a forensic medical examination |
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under Article 56A.251 shall pay all costs of the examination.] On |
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application to the attorney general, a health care provider that |
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provides a forensic medical examination to a sexual assault |
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survivor in accordance with this subchapter, or the [law |
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enforcement agency is entitled to be reimbursed for the reasonable |
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costs of the examination if the examination was performed by a |
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physician or by a] sexual assault examiner or sexual assault nurse |
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examiner who conducts that examination, as applicable, is entitled |
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to be reimbursed in an amount set by attorney general rule for: |
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(1) the reasonable costs of the forensic portion of |
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that examination; and |
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(2) the evidence collection kit [defined by Section |
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420.003, Government Code]. |
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(b) The application under Subsection (a) must be in the form |
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and manner prescribed by the attorney general and must include: |
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(1) the documentation that the law enforcement agency |
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requested the forensic medical examination, as required under |
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Article 56A.251(d); and |
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(2) a complete and itemized bill of the reasonable |
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costs of the forensic portion of the examination. |
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(c) A health care provider or a sexual assault examiner or |
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sexual assault nurse examiner, as applicable, who applies for |
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reimbursement under Subsection (a) shall accept reimbursement from |
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the attorney general as payment for the costs unless: |
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(1) the health care provider or the sexual assault |
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examiner or sexual assault nurse examiner, as applicable: |
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(A) requests, in writing, additional |
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reimbursement from the attorney general; and |
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(B) provides documentation in support of the |
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additional reimbursement, as reasonably requested by the attorney |
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general; and |
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(2) the attorney general determines that there is a |
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reasonable justification for additional reimbursement. |
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(d) A health care provider is not entitled to reimbursement |
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under this article unless the forensic medical examination was |
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conducted by a physician, sexual assault examiner, or sexual |
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assault nurse examiner. |
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(e) On request, the attorney general may provide training to |
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a health care provider regarding the process for applying for |
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reimbursement under this article. |
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SECTION 6. Article 56A.302, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 56A.302. APPLICABILITY. This subchapter applies to |
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the following health care providers [facilities] that provide |
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diagnosis or treatment services to victims of sexual assault: |
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(1) a general or special hospital licensed under |
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Chapter 241, Health and Safety Code; |
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(2) a general or special hospital owned by this state; |
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(3) an outpatient clinic; and |
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(4) a private physician's office. |
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SECTION 7. Article 56A.303, Code of Criminal Procedure, is |
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amended to conform to Section 4, 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.303. FORENSIC MEDICAL EXAMINATION. (a) In |
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accordance with Subchapter B, Chapter 420, Government Code, and |
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except as provided by Subsection (b), a health care provider |
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[facility] shall conduct a forensic medical examination of a victim |
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of a [an alleged] sexual assault if: |
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(1) the victim arrives at the provider [facility] |
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within 120 [96] hours after the assault occurred; |
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(2) the victim consents to the examination; and |
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(3) at the time of the examination the victim has not |
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reported the assault to a law enforcement agency. |
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(b) If a health care provider [facility] does not provide |
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diagnosis or treatment services to victims of sexual assault, the |
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provider [facility] shall refer a victim of a [an alleged] sexual |
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assault who seeks a forensic medical examination under Subsection |
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(a) to a health care provider [facility] that provides services to |
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those victims. |
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(c) A victim of a [an alleged] sexual assault may not be |
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required to participate in the investigation or prosecution of an |
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offense as a condition of receiving a forensic medical examination |
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under this article. |
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SECTION 8. Article 56A.304, Code of Criminal Procedure, is |
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amended to conform to Sections 4 and 8, Chapter 1037 (H.B. 616), |
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Acts of the 86th Legislature, Regular Session, 2019, and is further |
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amended to read as follows: |
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Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a) |
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On application to the [The department shall pay the appropriate |
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fees, as set by] attorney general [rule], a health care provider |
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that provides [for the forensic portion of] a forensic medical |
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examination to a sexual assault survivor in accordance with this |
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subchapter, or the [conducted under Article 56A.303(a) and for the |
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evidence collection kit if a physician,] sexual assault examiner |
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[,] or sexual assault nurse examiner who conducts that [the |
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forensic portion of the] examination, as applicable, within 120 |
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[96] hours after the [alleged] sexual assault occurred is entitled |
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to be reimbursed in an amount set by attorney general rule for: |
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(1) the reasonable costs of the forensic portion of |
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that examination; and |
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(2) the evidence collection kit. |
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(b) The application under Subsection (a) must be in the form |
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and manner prescribed by the attorney general and must include: |
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(1) certification that the examination was conducted |
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in accordance with the requirements of Article 56A.303(a); and |
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(2) a complete and itemized bill of the reasonable |
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costs of the forensic portion of the examination [attorney general |
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shall reimburse the department for fees paid under Subsection (a)]. |
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(c) A health care provider or a sexual assault examiner or |
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sexual assault nurse examiner, as applicable, who applies for |
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reimbursement under Subsection (a) shall accept reimbursement from |
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the attorney general as payment for the costs unless: |
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(1) the health care provider or sexual assault |
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examiner or sexual assault nurse examiner, as applicable: |
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(A) requests, in writing, additional |
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reimbursement from the attorney general; and |
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(B) provides documentation in support of the |
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additional reimbursement, as reasonably requested by the attorney |
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general; and |
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(2) the attorney general determines that there is a |
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reasonable justification for additional reimbursement. |
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(d) A health care provider is not entitled to reimbursement |
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under this article unless the forensic medical examination was |
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conducted at the provider by a physician, sexual assault examiner, |
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or sexual assault nurse examiner. |
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(e) On request, the attorney general may provide training to |
|
a health care provider regarding the process for applying for |
|
reimbursement under this article. |
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(f) A victim of a [an alleged] sexual assault may not be |
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required to pay for: |
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(1) the forensic portion of the forensic medical |
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examination; or |
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(2) the evidence collection kit. |
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SECTION 9. Article 56A.307, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF |
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ADDITIONAL EVIDENCE. The department, consistent with Chapter 420, |
|
Government Code, may develop procedures regarding the submission or |
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collection of additional evidence of a [an alleged] sexual assault |
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other than through a forensic medical examination as described by |
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Article 56A.303(a). |
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SECTION 10. Article 56B.453(d), Code of Criminal Procedure, |
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is amended to conform to Section 5, Chapter 1037 (H.B. 616), Acts of |
|
the 86th Legislature, Regular Session, 2019, and is further amended |
|
to read as follows: |
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(d) The attorney general may use the fund to: |
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(1) reimburse a health care provider or a sexual |
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assault examiner or sexual assault nurse examiner for certain costs |
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of a forensic medical examination that are incurred by the provider |
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or the examiner [law enforcement agency for the reasonable costs of |
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a forensic medical examination that are incurred by the agency] |
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under Subchapter F or G, Chapter 56A, as provided by those |
|
subchapters; and |
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(2) make a payment to or on behalf of an individual for |
|
the reasonable costs incurred for medical care provided under |
|
Subchapter F or G, Chapter 56A, in accordance with Section 323.004, |
|
Health and Safety Code. |
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SECTION 11. To the extent of any conflict, this Act prevails |
|
over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
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SECTION 12. 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 |
|
Act. A sexual assault reported before the effective date of this |
|
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 |
|
purpose. |
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SECTION 13. This Act takes effect September 1, 2021. |
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* * * * * |