| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the emergency services and care provided to victims of |
|
|
sexual assault and other sex offenses and to the processes |
|
|
associated with preserving and analyzing the evidence of those |
|
|
offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 38, Code of Criminal Procedure, is |
|
|
amended by adding Article 38.435 to read as follows: |
|
|
Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC |
|
|
MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT. |
|
|
Evidence collected during a forensic medical examination conducted |
|
|
under Subchapter F or G, Chapter 56A, may not be used to investigate |
|
|
or prosecute a misdemeanor offense, or an offense under Subchapter |
|
|
D, Chapter 481, Health and Safety Code, alleged to have been |
|
|
committed by the victim from whom the evidence was collected. |
|
|
SECTION 2. Article 56A.252, Code of Criminal Procedure, is |
|
|
amended to conform to Sections 3 and 8, Chapter 1037 (H.B. 616), |
|
|
Acts of the 86th Legislature, Regular Session, 2019, and is further |
|
|
amended to read as follows: |
|
|
Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. (a) [A law |
|
|
enforcement agency that requests a forensic medical examination |
|
|
under Article 56A.251 shall pay all costs of the examination.] On |
|
|
application to the attorney general, a health care provider that |
|
|
provides a forensic medical examination to a sexual assault |
|
|
survivor in accordance with this subchapter, or the [law |
|
|
enforcement agency is entitled to be reimbursed for the reasonable |
|
|
costs of the examination if the examination was performed by a |
|
|
physician or by a] sexual assault examiner or sexual assault nurse |
|
|
examiner who conducts the examination, as applicable, is entitled |
|
|
to be reimbursed in an amount set by attorney general rule for: |
|
|
(1) the reasonable costs of the forensic portion of |
|
|
that examination; and |
|
|
(2) the evidence collection kit [defined by Section |
|
|
420.003, Government Code]. |
|
|
(b) The application under Subsection (a) must be in the form |
|
|
and manner prescribed by the attorney general and must include: |
|
|
(1) the documentation of the law enforcement agency's |
|
|
request for the forensic medical examination, as required under |
|
|
Article 56A.251(d); and |
|
|
(2) a complete and itemized bill of the reasonable |
|
|
costs of the forensic portion of the examination. |
|
|
(c) A health care provider or a sexual assault examiner or |
|
|
sexual assault nurse examiner, as applicable, who applies for |
|
|
reimbursement under Subsection (a) shall accept reimbursement from |
|
|
the attorney general as payment for the costs unless: |
|
|
(1) the health care provider or sexual assault |
|
|
examiner or sexual assault nurse examiner, as applicable: |
|
|
(A) requests, in writing, additional |
|
|
reimbursement from the attorney general; and |
|
|
(B) provides documentation in support of the |
|
|
additional reimbursement, as reasonably requested by the attorney |
|
|
general; and |
|
|
(2) the attorney general determines that there is a |
|
|
reasonable justification for additional reimbursement. |
|
|
(d) A health care provider is not entitled to reimbursement |
|
|
under this article unless the forensic medical examination is |
|
|
conducted on the premises of the provider by a sexual assault |
|
|
examiner or sexual assault nurse examiner. |
|
|
(e) On request, the attorney general may provide training to |
|
|
a health care provider regarding the process for applying for |
|
|
reimbursement under this article. |
|
|
SECTION 3. Article 56A.254, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 56A.254. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE. |
|
|
The attorney general may make a payment to or on behalf of an |
|
|
individual for the reasonable costs incurred for medical care |
|
|
provided in accordance with Sections [Section] 323.004, 323.053, |
|
|
and 323.054, Health and Safety Code. |
|
|
SECTION 4. Article 56A.302, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 56A.302. APPLICABILITY. This subchapter applies to |
|
|
the following health care providers [facilities] that provide |
|
|
diagnosis or treatment services to victims of sexual assault: |
|
|
(1) a general or special hospital licensed under |
|
|
Chapter 241, Health and Safety Code; |
|
|
(2) a general or special hospital owned by this state; |
|
|
(3) an outpatient clinic; [and] |
|
|
(4) a private physician's office; and |
|
|
(5) a SAFE program as defined by Section 323.051, |
|
|
Health and Safety Code. |
|
|
SECTION 5. Article 56A.303, Code of Criminal Procedure, is |
|
|
amended to conform to Section 4, Chapter 1037 (H.B. 616), Acts of |
|
|
the 86th Legislature, Regular Session, 2019, and is further amended |
|
|
to read as follows: |
|
|
Art. 56A.303. FORENSIC MEDICAL EXAMINATION. (a) In |
|
|
accordance with Subchapter B, Chapter 420, Government Code, and |
|
|
except as provided by Subsection (b), a health care provider |
|
|
[facility] shall conduct a forensic medical examination of a victim |
|
|
of a [an alleged] sexual assault if: |
|
|
(1) the victim arrives at the provider [facility] |
|
|
within 120 [96] hours after the assault occurred; |
|
|
(2) the victim consents to the examination; and |
|
|
(3) at the time of the examination the victim has not |
|
|
reported the assault to a law enforcement agency. |
|
|
(b) If a health care provider [facility] does not provide |
|
|
diagnosis or treatment services to victims of sexual assault, the |
|
|
provider [facility] shall refer a victim of a [an alleged] sexual |
|
|
assault who seeks a forensic medical examination under Subsection |
|
|
(a) to a health care provider [facility] that provides services to |
|
|
those victims. |
|
|
(c) A victim of a [an alleged] sexual assault may not be |
|
|
required to participate in the investigation or prosecution of an |
|
|
offense as a condition of receiving a forensic medical examination |
|
|
under this article. |
|
|
SECTION 6. Article 56A.304, Code of Criminal Procedure, is |
|
|
amended to conform to Sections 4 and 8, Chapter 1037 (H.B. 616), |
|
|
Acts of the 86th Legislature, Regular Session, 2019, and is further |
|
|
amended to read as follows: |
|
|
Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a) |
|
|
On application to the [The department shall pay the appropriate |
|
|
fees, as set by] attorney general [rule], a health care provider |
|
|
that provides [for the forensic portion of] a forensic medical |
|
|
examination to a sexual assault survivor in accordance with this |
|
|
subchapter, or the [conducted under Article 56A.303(a) and for the |
|
|
evidence collection kit if a physician,] sexual assault examiner |
|
|
[,] or sexual assault nurse examiner who conducts that [the |
|
|
forensic portion of the] examination, as applicable, within 120 |
|
|
[96] hours after the [alleged] sexual assault occurred is entitled |
|
|
to be reimbursed in an amount set by attorney general rule for: |
|
|
(1) the reasonable costs of the forensic portion of |
|
|
that examination; and |
|
|
(2) the evidence collection kit. |
|
|
(b) The application under Subsection (a) must be in the form |
|
|
and manner prescribed by the attorney general and must include: |
|
|
(1) certification that the examination was conducted |
|
|
in accordance with the requirements of Article 56A.303(a); and |
|
|
(2) a complete and itemized bill of the reasonable |
|
|
costs of the forensic portion of the examination [attorney general |
|
|
shall reimburse the department for fees paid under Subsection (a)]. |
|
|
(c) A health care provider or a sexual assault examiner or |
|
|
sexual assault nurse examiner, as applicable, who applies for |
|
|
reimbursement under Subsection (a) shall accept reimbursement from |
|
|
the attorney general as payment for the costs unless: |
|
|
(1) the health care provider or sexual assault |
|
|
examiner or sexual assault nurse examiner, as applicable: |
|
|
(A) requests, in writing, additional |
|
|
reimbursement from the attorney general; and |
|
|
(B) provides documentation in support of the |
|
|
additional reimbursement, as reasonably requested by the attorney |
|
|
general; and |
|
|
(2) the attorney general determines that there is a |
|
|
reasonable justification for additional reimbursement. |
|
|
(d) A health care provider is not entitled to reimbursement |
|
|
under this article unless the forensic medical examination was |
|
|
conducted on the premises of the provider by a sexual assault |
|
|
examiner or sexual assault nurse examiner. |
|
|
(e) On request, the attorney general may provide training to |
|
|
a health care provider regarding the process for applying for |
|
|
reimbursement under this article. |
|
|
(f) A victim of a [an alleged] sexual assault may not be |
|
|
required to pay for: |
|
|
(1) the forensic portion of the forensic medical |
|
|
examination; or |
|
|
(2) the evidence collection kit. |
|
|
SECTION 7. Article 56A.305, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE. |
|
|
The attorney general may make a payment to or on behalf of an |
|
|
individual for the reasonable costs incurred for medical care |
|
|
provided in accordance with Sections [Section] 323.004, 323.053, |
|
|
and 323.054, Health and Safety Code. |
|
|
SECTION 8. Section 420.003(1-a), Government Code, is |
|
|
amended to read as follows: |
|
|
(1-a) "Active criminal case" means a case: |
|
|
(A) in which: |
|
|
(i) a sexual assault or other sex offense |
|
|
has been reported to a law enforcement agency; [and] |
|
|
(ii) physical evidence of the offense has |
|
|
been submitted to the agency or an accredited crime laboratory |
|
|
under this chapter for analysis; and |
|
|
(iii) the agency documents that an offense |
|
|
has been committed and reported; and |
|
|
(B) for which: |
|
|
(i) the statute of limitations has not run |
|
|
with respect to the prosecution of the offense; or |
|
|
(ii) a DNA profile was obtained that is |
|
|
eligible under Section 420.043 for comparison with DNA profiles in |
|
|
the state database or CODIS DNA database. |
|
|
SECTION 9. The heading to Chapter 323, Health and Safety |
|
|
Code, is amended to read as follows: |
|
|
CHAPTER 323. EMERGENCY SERVICES AND FORENSIC EXAMINATION PROGRAMS |
|
|
FOR SURVIVORS OF SEXUAL ASSAULT |
|
|
SECTION 10. Chapter 323, Health and Safety Code, is amended |
|
|
by designating Sections 323.001 through 323.008 as Subchapter A and |
|
|
adding a subchapter heading to read as follows: |
| |
|
|
SUBCHAPTER A. EMERGENCY SERVICES FOR SURVIVORS |
|
|
OF SEXUAL ASSAULT |
|
|
SECTION 11. Section 323.001, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 323.001. DEFINITIONS. In this subchapter [chapter]: |
|
|
(1) "Commission" means the Health and Human Services |
|
|
Commission. |
|
|
(2) "Department" means the Department of State Health |
|
|
Services. |
|
|
(3) "Health care facility" means a general or special |
|
|
hospital licensed under Chapter 241, a general or special hospital |
|
|
owned by this state, or a freestanding emergency medical care |
|
|
facility licensed under Chapter 254. |
|
|
(3-a) "SAFE-ready facility" means a health care |
|
|
facility designated as a sexual assault forensic exam-ready |
|
|
facility under Section 323.0015. The term includes a SAFE program |
|
|
designated as a SAFE-ready facility under Section 323.052. |
|
|
(3-b) "SAFE program" has the meaning assigned by |
|
|
Section 323.051. |
|
|
(4) "Sexual assault" means any act as described by |
|
|
Section 22.011 or 22.021, Penal Code. |
|
|
(4-a) "Sexual assault forensic examiner" means a |
|
|
certified sexual assault nurse examiner or a physician with |
|
|
specialized training on conducting a forensic medical examination. |
|
|
(5) "Sexual assault survivor" means an individual who |
|
|
is a victim of a sexual assault, regardless of whether a report is |
|
|
made or a conviction is obtained in the incident. |
|
|
SECTION 12. Sections 323.004(a), (a-1), and (b), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(a) Except as otherwise provided by Subsection (a-2), after |
|
|
a sexual assault survivor arrives at a health care facility |
|
|
following a [an alleged] sexual assault, the facility shall |
|
|
provide care to the survivor in accordance with Subsection (b). |
|
|
(a-1) A facility that is not a SAFE-ready facility shall |
|
|
inform the sexual assault survivor that: |
|
|
(1) the facility is not a SAFE-ready facility and |
|
|
provide to the survivor the name and location of nearby [the |
|
|
closest] SAFE-ready facilities [facility] and the information form |
|
|
required by Section 323.0051; and |
|
|
(2) the survivor is entitled, at the survivor's |
|
|
option: |
|
|
(A) to receive the care described by Subsection |
|
|
(b) at that facility, subject to Subsection (b-1); or |
|
|
(B) to be stabilized and to be referred or |
|
|
transferred to and receive the care described by Subsection (b) at a |
|
|
SAFE-ready facility. |
|
|
(b) A health care facility providing care to a sexual |
|
|
assault survivor shall provide the survivor with: |
|
|
(1) subject to Subsection (b-1), a forensic medical |
|
|
examination in accordance with Subchapter B, Chapter 420, |
|
|
Government Code, if the examination has been requested by a law |
|
|
enforcement agency under Subchapter F, Chapter 56A, Code of |
|
|
Criminal Procedure, or is conducted under Subchapter G, Chapter |
|
|
56A, Code of Criminal Procedure; |
|
|
(2) a private area, if available, to wait or speak with |
|
|
the appropriate medical, legal, or sexual assault crisis center |
|
|
staff or volunteer until a physician, nurse, or physician assistant |
|
|
is able to treat the survivor; |
|
|
(3) access to a sexual assault program advocate, if |
|
|
available, as provided by Subchapter H, Chapter 56A, Code of |
|
|
Criminal Procedure; |
|
|
(4) the information form required by Section 323.005; |
|
|
(5) a private treatment room, if available; |
|
|
(6) if indicated by the history of contact, access to |
|
|
appropriate prophylaxis for exposure to sexually transmitted |
|
|
infections; [and] |
|
|
(7) the name and telephone number of the nearest |
|
|
sexual assault crisis center; and |
|
|
(8) if the health care facility has shower facilities, |
|
|
access to a shower at no cost to the survivor after the examination |
|
|
described by Subdivision (1). |
|
|
SECTION 13. Section 323.005(a), Health and Safety Code, as |
|
|
amended by Chapters 408 (H.B. 8), 469 (H.B. 4173), and 1037 (H.B. |
|
|
616), Acts of the 86th Legislature, Regular Session, 2019, is |
|
|
reenacted and further amended to conform to Chapter 469 (H.B. |
|
|
4173), Acts of the 86th Legislature, Regular Session, 2019, to read |
|
|
as follows: |
|
|
(a) The commission [department] shall develop a standard |
|
|
information form for sexual assault survivors that must include: |
|
|
(1) a detailed explanation of the forensic medical |
|
|
examination required to be provided by law, including a statement |
|
|
that photographs may be taken of the genitalia; |
|
|
(2) information regarding treatment of sexually |
|
|
transmitted infections and pregnancy, including: |
|
|
(A) generally accepted medical procedures; |
|
|
(B) appropriate medications; and |
|
|
(C) any contraindications of the medications |
|
|
prescribed for treating sexually transmitted infections and |
|
|
preventing pregnancy; |
|
|
(3) information regarding drug-facilitated sexual |
|
|
assault, including the necessity for an immediate urine test for |
|
|
sexual assault survivors who may have been involuntarily drugged; |
|
|
(4) information regarding crime victims compensation, |
|
|
including: |
|
|
(A) a statement that public agencies are |
|
|
responsible for paying for the forensic portion of an examination |
|
|
conducted under Subchapter F or G, Chapter 56A [Article 56.06 or |
|
|
56.065], Code of Criminal Procedure, and for the evidence |
|
|
collection kit used in connection with the examination and that the |
|
|
health care facility or provider, as applicable, is responsible for |
|
|
seeking reimbursement for those costs; and |
|
|
(B) information regarding the reimbursement of |
|
|
the survivor for the medical portion of the examination; |
|
|
(5) an explanation that consent for the forensic |
|
|
medical examination may be withdrawn at any time during the |
|
|
examination; |
|
|
(6) the name and telephone number of sexual assault |
|
|
crisis centers statewide; [and] |
|
|
(7) information regarding postexposure prophylaxis |
|
|
for HIV infection; |
|
|
(8) information regarding the period for which |
|
|
biological evidence collected from the forensic medical |
|
|
examination will be retained and preserved under Article 38.43, |
|
|
Code of Criminal Procedure; and |
|
|
(9) a statement that the survivor has the right to |
|
|
access a shower for free after the forensic medical examination, if |
|
|
shower facilities are available at the health care facility. |
|
|
SECTION 14. Section 323.0051(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The commission [department] shall develop a standard |
|
|
information form for sexual assault survivors who arrive at a |
|
|
health care facility that is not a SAFE-ready facility. The |
|
|
information form must include: |
|
|
(1) information regarding the benefits of a forensic |
|
|
medical examination conducted by a sexual assault forensic |
|
|
examiner; |
|
|
(2) the Internet website address to the commission's |
|
|
[department's] list of SAFE-ready facilities that includes the |
|
|
facilities' physical addresses as required by Section 323.008; |
|
|
(3) the following statements: |
|
|
(A) "As a survivor of sexual assault, you have |
|
|
the right to receive a forensic medical examination at this |
|
|
hospital emergency room if you are requesting the examination not |
|
|
later than 120 hours after the assault."; |
|
|
(B) "A report to law enforcement is not required, |
|
|
but if you make a report, law enforcement must first authorize the |
|
|
examination."; and |
|
|
(C) "Call 1-800-656-HOPE to be connected to a |
|
|
rape crisis center for free and confidential assistance."; and |
|
|
(4) information on the procedure for submitting a |
|
|
complaint against the health care facility. |
|
|
SECTION 15. Section 323.0052(a), Health and Safety Code, is |
|
|
amended to conform to Chapter 469 (H.B. 4173), Acts of the 86th |
|
|
Legislature, Regular Session, 2019, and further amended to read as |
|
|
follows: |
|
|
(a) The commission [department] shall develop a standard |
|
|
information form that, as described by Subsection (b), is to be |
|
|
provided to sexual assault survivors who have not given signed, |
|
|
written consent to a health care facility to release the evidence as |
|
|
provided by Section 420.0735, Government Code. The form must |
|
|
include the following information: |
|
|
(1) the Department of Public Safety's policy regarding |
|
|
storage of evidence of a sexual assault or other sex offense that is |
|
|
collected under Subchapter G, Chapter 56A [Article 56.065], Code of |
|
|
Criminal Procedure, including: |
|
|
(A) a statement that the evidence will be stored |
|
|
until the fifth anniversary of the date on which the evidence was |
|
|
collected before the evidence becomes eligible for destruction; and |
|
|
(B) the department's procedures regarding the |
|
|
notification of the survivor before a planned destruction of the |
|
|
evidence; |
|
|
(2) a statement that the survivor may request the |
|
|
release of the evidence to a law enforcement agency and report a |
|
|
sexual assault or other sex offense to the agency at any time; |
|
|
(3) the name, phone number, and e-mail address of the |
|
|
law enforcement agency with jurisdiction over the offense; and |
|
|
(4) the name and phone number of a local rape crisis |
|
|
center. |
|
|
SECTION 16. Section 323.008, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 323.008. DATA PUBLICATION. The commission |
|
|
[department] shall post on the commission's [department's] Internet |
|
|
website a list of all hospitals and other health facilities that are |
|
|
designated as SAFE-ready facilities under this chapter and the |
|
|
facilities' physical addresses. The commission [department] shall |
|
|
update the list quarterly [annually]. To the extent possible, the |
|
|
commission [department] shall collect the data required by this |
|
|
section as part of a survey required by the commission [department] |
|
|
under other law. |
|
|
SECTION 17. Chapter 323, Health and Safety Code, is amended |
|
|
by adding Subchapter B to read as follows: |
|
|
SUBCHAPTER B. SEXUAL ASSAULT FORENSIC EXAMINATION PROGRAMS |
|
|
Sec. 323.051. DEFINITIONS. In this subchapter: |
|
|
(1) "SAFE program" means a program that meets the |
|
|
requirements prescribed by Section 323.052. The term does not |
|
|
include a program operated by a health care facility, as defined by |
|
|
Section 323.001. |
|
|
(2) "Sexual assault examiner," "sexual assault nurse |
|
|
examiner," and "sexual assault program" have the meanings assigned |
|
|
by Section 420.003, Government Code. |
|
|
(3) "Sexual assault forensic examiner" means a |
|
|
certified sexual assault nurse examiner or a physician licensed |
|
|
under Subtitle B, Title 3, Occupations Code, with specialized |
|
|
training on conducting a forensic medical examination. |
|
|
Sec. 323.052. OPERATION OF SAFE PROGRAM; DESIGNATION OF |
|
|
SAFE PROGRAM AS SAFE-READY FACILITY. (a) A person may operate a |
|
|
SAFE program only if: |
|
|
(1) the program meets the minimum standards |
|
|
established under Section 323.053; and |
|
|
(2) the program provides forensic medical |
|
|
examinations to sexual assault survivors in accordance with Section |
|
|
323.054. |
|
|
(b) The Health and Human Services Commission shall |
|
|
designate a SAFE program described by Subsection (a) as a |
|
|
SAFE-ready facility under Section 323.0015 if the program notifies |
|
|
the commission that the program employs or contracts with a sexual |
|
|
assault forensic examiner or uses a telemedicine system of sexual |
|
|
assault forensic examiners to provide consultation during a sexual |
|
|
assault forensic medical examination to a nurse or physician |
|
|
licensed to practice in this state. |
|
|
Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE |
|
|
program must: |
|
|
(1) operate under the active oversight of a medical |
|
|
director who is a physician licensed by and in good standing with |
|
|
the Texas Medical Board; |
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(2) provide medical treatment under a physician's |
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|
order, standing medical order, standing delegation order, or other |
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|
order or protocol as defined by Texas Medical Board rules; |
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|
(3) employ or contract with a sexual assault examiner |
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|
or a sexual assault nurse examiner; |
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|
(4) provide access to a sexual assault program |
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|
advocate, as required by Subchapter H, Chapter 56A, Code of |
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|
Criminal Procedure; |
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|
(5) ensure a sexual assault survivor has access to a |
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|
private treatment room; |
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|
(6) if indicated by a survivor's history or on a |
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|
survivor's request, provide: |
|
|
(A) HIV testing and prophylactic medication to |
|
|
the survivor or a referral for the testing and medication; and |
|
|
(B) counseling and prophylactic medications for |
|
|
exposure to sexually transmitted infections and pregnancy; |
|
|
(7) provide to survivors the name and telephone number |
|
|
of a nearby sexual assault program that provides to survivors the |
|
|
minimum services described by Subchapter A, Chapter 420, Government |
|
|
Code; |
|
|
(8) provide to survivors the information form required |
|
|
by Section 323.005, 323.0051, or 323.0052, as applicable, and |
|
|
orally communicate the information regarding crime victims |
|
|
compensation under Section 323.005(a)(4); |
|
|
(9) collaborate with any sexual assault program, as |
|
|
defined by Section 420.003, Government Code, that provides services |
|
|
to survivors in the county; |
|
|
(10) engage in efforts to improve the quality of the |
|
|
program; |
|
|
(11) maintain capacity for appropriate triage or have |
|
|
agreements with other health facilities to assure that a survivor |
|
|
receives the appropriate level of care indicated for the survivor's |
|
|
medical and mental health needs; |
|
|
(12) prioritize the safety and well-being of |
|
|
survivors; |
|
|
(13) provide a trauma-informed approach in the |
|
|
forensic medical care provided to survivors; and |
|
|
(14) collaborate with: |
|
|
(A) law enforcement agencies and attorneys |
|
|
representing the state with jurisdiction in the county; |
|
|
(B) any available local sexual assault response |
|
|
team; and |
|
|
(C) other interested persons in the community. |
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|
Sec. 323.054. FORENSIC MEDICAL EXAMINATION BY SAFE PROGRAM; |
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|
INFORMED CONSENT. (a) A SAFE program shall provide to a sexual |
|
|
assault survivor under the care of the program a forensic medical |
|
|
examination in accordance with Subchapter B, Chapter 420, |
|
|
Government Code, if the examination has been requested by a law |
|
|
enforcement agency under Subchapter F, Chapter 56A, Code of |
|
|
Criminal Procedure, or if the examination is performed in |
|
|
accordance with Subchapter G, Chapter 56A, Code of Criminal |
|
|
Procedure. |
|
|
(b) Only a sexual assault examiner or a sexual assault nurse |
|
|
examiner may perform a forensic medical examination under a SAFE |
|
|
program. |
|
|
(c) A sexual assault examiner or sexual assault nurse |
|
|
examiner employed by or under contract with a SAFE program must |
|
|
obtain a sexual assault survivor's informed, written consent before |
|
|
performing a forensic medical examination or providing medical |
|
|
treatment to the survivor. |
|
|
(d) A sexual assault survivor who receives a forensic |
|
|
medical examination from a sexual assault examiner or sexual |
|
|
assault nurse examiner employed by or under contract with a SAFE |
|
|
program may not be required to: |
|
|
(1) participate in the investigation or prosecution of |
|
|
an offense as a prerequisite to receiving the forensic medical |
|
|
examination or medical treatment; or |
|
|
(2) pay for the costs of the forensic portion of the |
|
|
forensic medical examination or for the evidence collection kit. |
|
|
SECTION 18. Article 38.435, Code of Criminal Procedure, and |
|
|
Section 323.004(b)(8), Health and Safety Code, as added by this |
|
|
Act, apply to a forensic medical examination that occurs on or after |
|
|
the effective date of this Act. A forensic medical examination that |
|
|
occurs before that date is governed by the law in effect on the date |
|
|
the examination occurred, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 19. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 87th Legislature, Regular Session, 2021, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 20. This Act takes effect September 1, 2021. |
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|
* * * * * |