|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the rights of victims of sexual assault and to certain |
|
procedures and reimbursements occurring with respect to a sexual |
|
assault or other sex offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 38.435, Code of Criminal Procedure, is |
|
amended 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.051(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) A victim, guardian of a victim, or close relative of a |
|
deceased victim is entitled to the following rights within the |
|
criminal justice system: |
|
(1) the right to receive from a law enforcement agency |
|
adequate protection from harm and threats of harm arising from |
|
cooperation with prosecution efforts; |
|
(2) the right to have the magistrate consider the |
|
safety of the victim or the victim's family in setting the amount of |
|
bail for the defendant; |
|
(3) if requested, the right to be informed: |
|
(A) by the attorney representing the state of |
|
relevant court proceedings, including appellate proceedings, and |
|
to be informed if those proceedings have been canceled or |
|
rescheduled before the event; and |
|
(B) by an appellate court of the court's |
|
decisions, after the decisions are entered but before the decisions |
|
are made public; |
|
(4) when requested, the right to be informed: |
|
(A) by a peace officer concerning the defendant's |
|
right to bail and the procedures in criminal investigations; and |
|
(B) by the office of the attorney representing |
|
the state concerning the general procedures in the criminal justice |
|
system, including general procedures in guilty plea negotiations |
|
and arrangements, restitution, and the appeals and parole process; |
|
(5) the right to provide pertinent information to a |
|
community supervision and corrections department conducting a |
|
presentencing investigation concerning the impact of the offense on |
|
the victim and the victim's family by testimony, written statement, |
|
or any other manner before any sentencing of the defendant; |
|
(6) the right to receive information: |
|
(A) regarding compensation to victims of crime as |
|
provided by Chapter 56B, including information related to the costs |
|
that may be compensated under that chapter and the amount of |
|
compensation, eligibility for compensation, and procedures for |
|
application for compensation under that chapter; |
|
(B) for a victim of a sexual assault, regarding |
|
the payment under Subchapter G for a forensic medical examination |
|
and for any prescribed continuing medical care provided to the |
|
victim during the 30-day period following that examination; [under |
|
Article 56A.252 for a victim of an alleged sexual assault,] and |
|
(C) when requested, providing a [to] referral to |
|
available social service agencies that may offer additional |
|
assistance; |
|
(7) the right to: |
|
(A) be informed, on request, of parole |
|
procedures; |
|
(B) participate in the parole process; |
|
(C) provide to the board for inclusion in the |
|
defendant's file information to be considered by the board before |
|
the parole of any defendant convicted of any offense subject to this |
|
chapter; and |
|
(D) be notified, if requested, of parole |
|
proceedings concerning a defendant in the victim's case and of the |
|
defendant's release; |
|
(8) the right to be provided with a waiting area, |
|
separate or secure from other witnesses, including the defendant |
|
and relatives of the defendant, before testifying in any proceeding |
|
concerning the defendant; if a separate waiting area is not |
|
available, other safeguards should be taken to minimize the |
|
victim's contact with the defendant and the defendant's relatives |
|
and witnesses, before and during court proceedings; |
|
(9) the right to the prompt return of any of the |
|
victim's property that is held by a law enforcement agency or the |
|
attorney representing the state as evidence when the property is no |
|
longer required for that purpose; |
|
(10) the right to have the attorney representing the |
|
state notify the victim's employer, if requested, that the victim's |
|
cooperation and testimony is necessary in a proceeding that may |
|
require the victim to be absent from work for good cause; |
|
(11) the right to request victim-offender mediation |
|
coordinated by the victim services division of the department; |
|
(12) the right to be informed of the uses of a victim |
|
impact statement and the statement's purpose in the criminal |
|
justice system as described by Subchapter D, to complete the victim |
|
impact statement, and to have the victim impact statement |
|
considered: |
|
(A) by the attorney representing the state and |
|
the judge before sentencing or before a plea bargain agreement is |
|
accepted; and |
|
(B) by the board before a defendant is released |
|
on parole; |
|
(13) for a victim of an assault or sexual assault who |
|
is younger than 17 years of age or whose case involves family |
|
violence, as defined by Section 71.004, Family Code, the right to |
|
have the court consider the impact on the victim of a continuance |
|
requested by the defendant; if requested by the attorney |
|
representing the state or by the defendant's attorney, the court |
|
shall state on the record the reason for granting or denying the |
|
continuance; and |
|
(14) if the offense is a capital felony, the right to: |
|
(A) receive by mail from the court a written |
|
explanation of defense-initiated victim outreach if the court has |
|
authorized expenditures for a defense-initiated victim outreach |
|
specialist; |
|
(B) not be contacted by the victim outreach |
|
specialist unless the victim, guardian, or relative has consented |
|
to the contact by providing a written notice to the court; and |
|
(C) designate a victim service provider to |
|
receive all communications from a victim outreach specialist acting |
|
on behalf of any person. |
|
SECTION 3. Article 56A.052(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) If the offense is a sexual assault, a victim, guardian |
|
of a victim, or close relative of a deceased victim is entitled to |
|
the following rights within the criminal justice system: |
|
(1) if requested, the right to a disclosure of |
|
information regarding: |
|
(A) any evidence that was collected during the |
|
investigation of the offense, unless disclosing the information |
|
would interfere with the investigation or prosecution of the |
|
offense, in which event the victim, guardian, or relative shall be |
|
informed of the estimated date on which that information is |
|
expected to be disclosed; and |
|
(B) the status of any analysis being performed of |
|
any evidence described by Paragraph (A); |
|
(2) if requested, the right to be notified: |
|
(A) at the time a request is submitted to a crime |
|
laboratory to process and analyze any evidence that was collected |
|
during the investigation of the offense; |
|
(B) at the time of the submission of a request to |
|
compare any biological evidence collected during the investigation |
|
of the offense with DNA profiles maintained in a state or federal |
|
DNA database; and |
|
(C) of the results of the comparison described by |
|
Paragraph (B), unless disclosing the results would interfere with |
|
the investigation or prosecution of the offense, in which event the |
|
victim, guardian, or relative shall be informed of the estimated |
|
date on which those results are expected to be disclosed; |
|
(3) if requested, the right to counseling regarding |
|
acquired immune deficiency syndrome (AIDS) and human |
|
immunodeficiency virus (HIV) infection; and |
|
(4) for the victim, the right to: |
|
(A) testing for acquired immune deficiency |
|
syndrome (AIDS), human immunodeficiency virus (HIV) infection, |
|
antibodies to HIV, or infection with any other probable causative |
|
agent of AIDS; [and] |
|
(B) a forensic medical examination as [to the |
|
extent] provided by Subchapter [Subchapters F and] G; and |
|
(C) any prescribed continuing medical care |
|
provided to the victim during the 30-day period following a |
|
forensic medical examination, as provided by Subchapter G [if, |
|
within 120 hours of the offense: |
|
[(i) the offense is reported to a law |
|
enforcement agency; or |
|
[(ii) a forensic medical examination is |
|
otherwise conducted at a health care provider]. |
|
SECTION 4. The heading to Subchapter G, Chapter 56A, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT |
|
VICTIM [NOT REPORTING ASSAULT] |
|
SECTION 5. Article 56A.303, Code of Criminal Procedure, is |
|
amended by amending Subsection (a) and adding Subsection (b-1) to |
|
read as follows: |
|
(a) In accordance with Subchapter B, Chapter 420, |
|
Government Code, and except as provided by Subsection (b), a health |
|
care provider shall conduct a forensic medical examination of: |
|
(1) a victim of a sexual assault who is a minor as |
|
defined by Section 101.003, Family Code, regardless of when the |
|
victim arrives at the provider, if the victim, a person authorized |
|
to act on behalf of the victim, or an employee of the Department of |
|
Family and Protective Services consents to the examination, or if |
|
consent is provided as described by Section 32.003 or 32.005, |
|
Family Code; and |
|
(2) a victim of a sexual assault who is not a minor, |
|
if: |
|
(A) [(1)] the victim arrives at the provider: |
|
(i) within 120 hours after the assault |
|
occurred; or |
|
(ii) later than 120 hours after the assault |
|
occurred, and the victim is: |
|
(a) referred for a forensic medical |
|
examination by a law enforcement agency under Subsection (b-1); or |
|
(b) referred for a forensic medical |
|
examination by a physician, sexual assault examiner, or sexual |
|
assault nurse examiner who has conducted a preliminary medical |
|
evaluation and determined that a forensic medical examination |
|
should be conducted; and |
|
(B) the victim, a person authorized to act on |
|
behalf of the victim, or an employee of the Department of Family and |
|
Protective Services consents to the examination |
|
[(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-1) A law enforcement agency shall refer a victim of a |
|
sexual assault for a forensic medical examination, to be conducted |
|
in accordance with Subsection (a), if a sexual assault is reported |
|
to a law enforcement agency within 120 hours after the assault or, |
|
if the victim is a minor as defined by Section 101.003, Family Code, |
|
regardless of when the sexual assault is reported. A law |
|
enforcement agency may make the same referral with respect to any |
|
victim of a sexual assault who is not a minor and who does not report |
|
the sexual assault within the 120-hour period required by this |
|
subsection if the agency believes that a forensic medical |
|
examination may further a sexual assault investigation or |
|
prosecution. |
|
SECTION 6. Articles 56A.304(a) and (b), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(a) On application to the attorney general and subject to |
|
Article 56A.305(e), a health care provider that provides a forensic |
|
medical examination to a sexual assault survivor in accordance with |
|
this subchapter, or the sexual assault examiner or sexual assault |
|
nurse examiner who conducts that examination in accordance with |
|
this subchapter, as applicable, [within 120 hours after the 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; and |
|
(3) the reasonable costs of other medical care |
|
provided to the victim in accordance with Subchapters A and B, |
|
Chapter 323, Health and Safety Code, consisting of medical care |
|
provided during the forensic medical examination and any prescribed |
|
continuing medical care provided to the victim during the 30-day |
|
period following the examination, including medication and medical |
|
testing. |
|
(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 and any additional |
|
medical care described by Subsection (a)(3). |
|
SECTION 7. Subchapter G, Chapter 56A, Code of Criminal |
|
Procedure, is amended by adding Article 56A.3045 to read as |
|
follows: |
|
Art. 56A.3045. PAYMENT OF COSTS RELATED TO TESTIMONY. A law |
|
enforcement agency or an office of the attorney representing the |
|
state may pay any costs related to the testimony of a licensed |
|
health care professional in a criminal proceeding regarding the |
|
results of a forensic medical examination described by Article |
|
56A.303 or the manner in which the examination was performed. |
|
SECTION 8. Article 56A.305, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN TESTING AND |
|
MEDICAL CARE. (a) The attorney general shall [may] make a payment |
|
to a victim of a sexual assault or on behalf of a victim of a sexual |
|
assault [an individual] for the reasonable costs incurred for all |
|
testing and medical care that are provided to the victim as |
|
described by Articles 56A.304(a)(1), (2), and (3) [in accordance |
|
with Sections 323.004, 323.053, and 323.054, Health and Safety |
|
Code]. |
|
(b) The attorney general shall make a payment under |
|
Subsection (a) in accordance with the medical fee guidelines |
|
prescribed by Subtitle A, Title 5, Labor Code. A payment made under |
|
Subsection (a) may not exceed $25,000. |
|
(c) Neither the attorney general nor a victim of a sexual |
|
assault is liable for costs incurred for medical care that: |
|
(1) exceed the medical fee guidelines described by |
|
Subsection (b); or |
|
(2) is not medically necessary. |
|
(d) The Health and Human Services Commission may contract |
|
with a third-party vendor or other entity to provide health care |
|
providers access to prescription drugs for purposes of medical care |
|
described by Subsection (a). |
|
(e) The attorney general may deny or reduce a payment under |
|
Subsection (a) to the extent that the amount otherwise proposed for |
|
reimbursement is recouped from a collateral source. |
|
SECTION 9. Article 56A.306, Code of Criminal Procedure, is |
|
amended by amending Subsections (a), (b), and (c) and adding |
|
Subsection (a-1) to read as follows: |
|
(a) The department, consistent with Chapter 420, Government |
|
Code, shall develop procedures for the transfer and preservation of |
|
evidence collected during a forensic medical examination for a |
|
sexual assault that was not reported to a law enforcement agency, |
|
including procedures for: |
|
(1) the transfer of the evidence [collected under this |
|
subchapter] to a crime laboratory or other suitable location |
|
designated by the public safety director of the department; |
|
(2) the preservation of the evidence by the entity |
|
receiving the evidence; and |
|
(3) the notification of the victim of the offense |
|
through the statewide electronic tracking system before a planned |
|
destruction of evidence under this article. |
|
(a-1) The transfer and preservation of evidence collected |
|
during a forensic medical examination for a reported sexual assault |
|
must comply with the procedures under Sections 420.035(b) and (c) |
|
and 420.042(a), Government Code. |
|
(b) Subject to Subsection (c), an entity receiving evidence |
|
collected during a forensic medical examination as described by |
|
this subchapter [described by Subsection (a)] shall preserve the |
|
evidence until the earlier of: |
|
(1) the fifth anniversary of the date on which the |
|
evidence was collected; or |
|
(2) the date on which written consent to release the |
|
evidence is obtained as provided by Section 420.0735, Government |
|
Code. |
|
(c) An entity receiving evidence collected during a |
|
forensic medical examination as described by this subchapter |
|
[described by Subsection (a)] may destroy the evidence on the |
|
expiration of the entity's duty to preserve the evidence under |
|
Subsection (b)(1) only if notice of the planned destruction is |
|
entered into the statewide electronic tracking system and an [: |
|
[(1) the entity provides written notification to the |
|
victim of the offense, in a trauma-informed manner, of the decision |
|
to destroy the evidence that includes: |
|
[(A) detailed instructions on how the victim may |
|
make a written objection to the decision, including contact |
|
information for the entity; or |
|
[(B) a standard form for the victim to complete |
|
and return to the entity to make a written objection to the |
|
decision; and |
|
[(2) a written] objection is not received by the |
|
entity from the victim before the 91st day after the date on which |
|
the entity entered the notice [notifies the victim] of the planned |
|
destruction of the evidence into the tracking system. |
|
SECTION 10. Article 56A.307, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF |
|
ADDITIONAL EVIDENCE. The department, consistent with Chapter 420, |
|
Government Code, may develop procedures regarding the submission or |
|
collection of additional evidence of a sexual assault other than |
|
through a forensic medical examination as described by Article |
|
56A.303 [56A.303(a)]. |
|
SECTION 11. Article 56A.308(b), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(b) A communication or record is confidential for purposes |
|
of Section 552.101, Government Code, if the communication or |
|
record: |
|
(1) contains identifying information regarding a |
|
victim who receives a forensic medical examination under Article |
|
56A.303 [56A.303(a)]; and |
|
(2) is created by, provided to, or in the control or |
|
possession of the department. |
|
SECTION 12. Article 56A.401, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial |
|
contact or at the earliest possible time after the initial contact |
|
between a victim of a reported offense and the law enforcement |
|
agency having the responsibility for investigating the offense, the |
|
agency shall provide the victim a written notice containing: |
|
(1) information about the availability of emergency |
|
and medical services, if applicable; |
|
(2) information about the rights of crime victims |
|
under Subchapter B; |
|
(3) notice that the victim has the right to receive |
|
information: |
|
(A) regarding compensation to victims of crime as |
|
provided by Chapter 56B, including information relating to [about: |
|
[(A)] the costs that may be compensated under |
|
that chapter and the amount of compensation, eligibility for |
|
compensation, and procedures for application for compensation |
|
under that chapter; |
|
(B) for a victim of a sexual assault, regarding |
|
the payment under Subchapter G for a forensic medical examination |
|
and for any prescribed continuing medical care provided to the |
|
victim during the 30-day period following that examination [under |
|
Article 56A.252 for a victim of an alleged sexual assault]; and |
|
(C) providing a referral to available social |
|
service agencies that may offer additional assistance; |
|
(4) the name, address, and phone number of the law |
|
enforcement agency's crime victim liaison; |
|
(5) the name, address, and phone number of the victim |
|
assistance coordinator of the office of the attorney representing |
|
the state; and |
|
(6) the following statement: |
|
"You may call the law enforcement agency's telephone number |
|
for the status of the case and information about victims' rights." |
|
SECTION 13. Article 56A.451(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) Not later than the 10th day after the date that an |
|
indictment or information is returned against a defendant for an |
|
offense, the attorney representing the state shall give to each |
|
victim of the offense a written notice containing: |
|
(1) the case number and assigned court for the case; |
|
(2) a brief general statement of each procedural stage |
|
in the processing of a criminal case, including bail, plea |
|
bargaining, parole restitution, and appeal; |
|
(3) suggested steps the victim may take if the victim |
|
is subjected to threats or intimidation; |
|
(4) the name, address, and phone number of the local |
|
victim assistance coordinator; and |
|
(5) notification of: |
|
(A) the rights and procedures under this chapter, |
|
Chapter 56B, and Subchapter B, Chapter 58; |
|
(B) the right to file a victim impact statement |
|
with the office of the attorney representing the state and the |
|
department; |
|
(C) the right to receive information: |
|
(i) regarding compensation to victims of |
|
crime as provided by Chapter 56B, including information relating to |
|
[about: |
|
[(i)] the costs that may be compensated |
|
under that chapter, eligibility for compensation, and procedures |
|
for application for compensation under that chapter; |
|
(ii) for a victim of a sexual assault, |
|
regarding the payment under Subchapter G for a forensic medical |
|
examination and for any prescribed continuing medical care provided |
|
to the victim during the 30-day period following that examination |
|
[under Article 56A.252 for a victim of an alleged sexual assault]; |
|
and |
|
(iii) providing a referral to available |
|
social service agencies that may offer additional assistance; and |
|
(D) the right of a victim, guardian of a victim, |
|
or close relative of a deceased victim, as defined by Section |
|
508.117, Government Code, to appear in person before a member of the |
|
board as provided by Section 508.153, Government Code. |
|
SECTION 14. Article 56B.107, Code of Criminal Procedure, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) For purposes of Subsection (a)(1), a victim receiving a |
|
forensic medical examination constitutes sufficient evidence that |
|
a victim has substantially cooperated with an investigation of a |
|
sexual assault or other sex offense. |
|
SECTION 15. Article 56B.453(d), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(d) The attorney general may use the fund to: |
|
(1) reimburse a health care provider or a sexual |
|
assault examiner or sexual assault nurse examiner for certain costs |
|
of a forensic medical examination that are incurred by the provider |
|
or the examiner under Subchapter [F or] G, Chapter 56A[, as provided |
|
by those subchapters]; and |
|
(2) make a payment to or on behalf of a victim of a |
|
sexual assault [an individual] for the reasonable costs incurred |
|
for testing and [medical] care provided under Subchapter [F or] G, |
|
Chapter 56A, as described by Article 56A.305 [in accordance with |
|
Section 323.004, Health and Safety Code]. |
|
SECTION 16. Section 57.002(a), Family Code, is amended to |
|
read as follows: |
|
(a) A victim, guardian of a victim, or close relative of a |
|
deceased victim is entitled to the following rights within the |
|
juvenile justice system: |
|
(1) the right to receive from law enforcement agencies |
|
adequate protection from harm and threats of harm arising from |
|
cooperation with prosecution efforts; |
|
(2) the right to have the court or person appointed by |
|
the court take the safety of the victim or the victim's family into |
|
consideration as an element in determining whether the child should |
|
be detained before the child's conduct is adjudicated; |
|
(3) the right, if requested, to be informed of |
|
relevant court proceedings, including appellate proceedings, and |
|
to be informed in a timely manner if those court proceedings have |
|
been canceled or rescheduled; |
|
(4) the right to be informed, when requested, by the |
|
court or a person appointed by the court concerning the procedures |
|
in the juvenile justice system, including general procedures |
|
relating to: |
|
(A) the preliminary investigation and deferred |
|
prosecution of a case; and |
|
(B) the appeal of the case; |
|
(5) the right to provide pertinent information to a |
|
juvenile court conducting a disposition hearing concerning the |
|
impact of the offense on the victim and the victim's family by |
|
testimony, written statement, or any other manner before the court |
|
renders its disposition; |
|
(6) the right to receive information: |
|
(A) regarding compensation to victims as |
|
provided by Chapter 56B, Code of Criminal Procedure, including |
|
information relating [related] to the costs that may be |
|
compensated under that chapter and the amount of compensation, |
|
eligibility for compensation, and procedures for application for |
|
compensation under that chapter; |
|
(B) for a victim of a sexual assault, regarding |
|
the payment under Subchapter G, Chapter 56A, Code of Criminal |
|
Procedure, for a forensic medical examination and for any |
|
prescribed continuing medical care provided to the victim during |
|
the 30-day period following that examination; [of medical expenses |
|
under Subchapter F, Chapter 56A, Code of Criminal Procedure, for a |
|
victim of a sexual assault,] and |
|
(C) when requested, providing a [to] referral to |
|
available social service agencies that may offer additional |
|
assistance; |
|
(7) the right to be informed, upon request, of |
|
procedures for release under supervision or transfer of the person |
|
to the custody of the Texas Department of Criminal Justice for |
|
parole, to participate in the release or transfer for parole |
|
process, to be notified, if requested, of the person's release, |
|
escape, or transfer for parole proceedings concerning the person, |
|
to provide to the Texas Juvenile Justice Department for inclusion |
|
in the person's file information to be considered by the department |
|
before the release under supervision or transfer for parole of the |
|
person, and to be notified, if requested, of the person's release or |
|
transfer for parole; |
|
(8) the right to be provided with a waiting area, |
|
separate or secure from other witnesses, including the child |
|
alleged to have committed the conduct and relatives of the child, |
|
before testifying in any proceeding concerning the child, or, if a |
|
separate waiting area is not available, other safeguards should be |
|
taken to minimize the victim's contact with the child and the |
|
child's relatives and witnesses, before and during court |
|
proceedings; |
|
(9) the right to prompt return of any property of the |
|
victim that is held by a law enforcement agency or the attorney for |
|
the state as evidence when the property is no longer required for |
|
that purpose; |
|
(10) the right to have the attorney for the state |
|
notify the employer of the victim, if requested, of the necessity of |
|
the victim's cooperation and testimony in a proceeding that may |
|
necessitate the absence of the victim from work for good cause; |
|
(11) the right to be present at all public court |
|
proceedings related to the conduct of the child as provided by |
|
Section 54.08, subject to that section; and |
|
(12) any other right appropriate to the victim that a |
|
victim of criminal conduct has under Subchapter B, Chapter 56A, |
|
Code of Criminal Procedure. |
|
SECTION 17. Section 501.174, Government Code, is amended to |
|
read as follows: |
|
Sec. 501.174. DEPARTMENT TO ADOPT POLICY. The department |
|
shall adopt a policy providing for: |
|
(1) a designated administrator at each correctional |
|
facility to post information throughout the facility describing how |
|
an inmate may confidentially contact the ombudsperson regarding a |
|
sexual assault; |
|
(2) an inmate to write a confidential letter to the |
|
ombudsperson regarding a sexual assault; |
|
(3) employees at correctional facilities, on |
|
notification of the occurrence of a sexual assault, to immediately: |
|
(A) contact the ombudsperson and the office of |
|
the inspector general; and |
|
(B) ensure that the alleged victim is safe; |
|
(4) the office of the inspector general, at the time |
|
the office is notified of the sexual assault, to arrange for a |
|
medical examination of the alleged victim to be conducted in |
|
accordance with Subchapter G [F], Chapter 56A, Code of Criminal |
|
Procedure, or, if an appropriate employee of the office of the |
|
inspector general is not available at the time the office is |
|
notified of the sexual assault, a qualified employee at the |
|
correctional facility to conduct a medical examination of the |
|
alleged victim in accordance with that subchapter; |
|
(5) a grievance proceeding under Section 501.008 based |
|
on an alleged sexual assault to be exempt from any deadline |
|
applicable to grievances initiated under that section; and |
|
(6) each correctional facility to collect statistics |
|
on all alleged sexual assaults against inmates confined in the |
|
facility and to report the statistics to the ombudsperson. |
|
SECTION 18. Section 241.1031(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A hospital may not destroy a medical record from the |
|
forensic medical examination of a sexual assault victim conducted |
|
under Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure, |
|
until the 20th anniversary of the date the record was created. |
|
SECTION 19. Section 323.004(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(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, and [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; |
|
(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 20. Section 323.005(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The commission 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 |
|
and regarding the payment of costs and the reimbursements available |
|
for testing and care to be provided as described by Subchapter G, |
|
Chapter 56A, Code of Criminal Procedure [, 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, 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; |
|
(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 21. Section 323.0051(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The commission 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 |
|
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 for sexual |
|
assault at this hospital emergency room if you are requesting the |
|
examination not later than 120 hours after the assault. For parents |
|
or guardians of a minor child, your child has the right to receive |
|
the forensic medical examination at any time, regardless of when |
|
the assault occurred."; |
|
(B) "A report to law enforcement is not required, |
|
but if you are an adult survivor who for any reason did not make a |
|
timely request for the forensic medical examination [make a |
|
report], law enforcement may be required to [must] first authorize |
|
the examination."; and |
|
(C) "Call 1-800-656-HOPE to be connected to a |
|
sexual assault [rape] crisis center for free and confidential |
|
assistance."; and |
|
(4) information on the procedure for submitting a |
|
complaint against the health care facility. |
|
SECTION 22. Section 323.0052(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The commission 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, 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 through the statewide electronic |
|
tracking system 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 sexual assault |
|
[rape] crisis center. |
|
SECTION 23. Sections 323.054(a), (c), and (d), Health and |
|
Safety Code, are amended to read as follows: |
|
(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, and [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. |
|
(c) A sexual assault examiner or sexual assault nurse |
|
examiner employed by or under contract with a SAFE program must |
|
obtain the [a sexual assault survivor's informed, written] consent |
|
described by Article 56A.303, Code of Criminal Procedure, 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 any [the] costs described by Article |
|
56A.304(a), Code of Criminal Procedure [of the forensic portion of |
|
the forensic medical examination or for the evidence collection |
|
kit]. |
|
SECTION 24. Section 153.003(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) The rules adopted under this section must prohibit a |
|
physician from destroying a medical record from the forensic |
|
medical examination of a sexual assault victim conducted under |
|
Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure, until |
|
the 20th anniversary of the date the record was created. |
|
SECTION 25. The following provisions of the Code of |
|
Criminal Procedure are repealed: |
|
(1) Subchapter F, Chapter 56A; and |
|
(2) Article 56A.306(d). |
|
SECTION 26. The changes in law made by this Act to Chapters |
|
56A and 56B, Code of Criminal Procedure, apply only to a sexual |
|
assault or other sex offense that is first reported or for which |
|
medical care is first sought on or after the effective date of this |
|
Act. A sexual assault or other sex offense that is first reported |
|
or for which medical care was first sought before the effective date |
|
of this Act is governed by the law in effect on the date the sexual |
|
assault was reported or the medical care was sought, and the former |
|
law is continued in effect for that purpose. |
|
SECTION 27. This Act takes effect September 1, 2023. |
|
|
|
* * * * * |