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House Bill 2626 |
House Author: Naishtat et al. |
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Effective: 6-19-09 |
Senate Sponsor: Zaffirini et al. |
House Bill 2626 amends the Code of Criminal Procedure and the Health and Safety Code to entitle a victim of a sexual assault to the right to a forensic medical examination conducted at a health care facility within 96 hours of the sexual assault and to require a health care facility to conduct the forensic medical examination if the victim arrives at the facility within 96 hours after the assault occurred, consents to the examination, and has not reported the assault to a law enforcement agency at the time of the examination. A health care facility that does not provide diagnosis or treatment services to victims of sexual assault must refer a victim seeking a forensic medical examination to a health care facility that provides services to those victims. The bill requires the Department of Public Safety (DPS) to pay the appropriate fees of the forensic portion of the medical examination and for the evidence collection kit if certain medical personnel conduct the examination within the required time frame and requires the attorney general to reimburse DPS for any fees paid.
House Bill 2626 provides for the development of procedures by DPS for the transfer and preservation of evidence collected during the forensic medical examination and the submission or collection of additional evidence of the alleged sexual assault other than through the examination. The bill prohibits a victim from being required to participate in the investigation or prosecution of an offense as a condition of receiving a forensic medical examination or pay any related fees.