Enrolled Bill Summary

            House Bill 1234 amends the Code of Criminal Procedure to provide that physicians or other medical services personnel who conduct a forensic medical examination of an alleged victim of a sexual assault are required to offer the person the opportunity to have an advocate from a sexual assault program present during the examination. The advocate is authorized only to provide the person with counseling, support services, and information regarding the rights of crime victims. The bill prohibits the advocate and the sexual assault program from delaying or otherwise impeding the screening or stabilization of an emergency medical condition. The bill requires the sexual assault program to pay all costs associated with providing the advocate, and it provides that a health care facility, including a hospital licensed under the Texas Hospital Licensing Law, that provides an advocate access to an injured person for purposes of these provisions is not subject to civil or criminal liability for providing that access.

            If the victim was confined in a penal institution at the time of the assault, the penal institution is required to provide, at the person's request, a representative to be present with the person during the forensic medical examination. The bill requires the representative to be a psychologist, sociologist, chaplain, social worker, or case manager or a volunteer who has completed a sexual assault training program.