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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 79(R)

House Bill 544

House Author:  Naishtat et al.

Effective:  9-1-05

Senate Sponsor:  Zaffirini et al.


            House Bill 544 amends the Code of Criminal Procedure to provide that a victim of an alleged sexual assault is entitled to a forensic medical examination if the alleged assault is reported within 96 hours of its occurrence and to require a law enforcement agency, with the consent of the victim, the victim's representative, or an employee of the Department of Family and Protective Services, to request a forensic medical examination for a victim of sexual assault that complies with the 96-hour reporting requirement.  The bill allows a law enforcement agency to decline to request the examination if the victim of the alleged sexual assault has made one or more false reports of sexual assault to any law enforcement agency and there is no other evidence to corroborate the current allegation of sexual assault.  The bill provides that if the sexual assault is reported to law enforcement later than 96 hours after its commission, the law enforcement agency has the discretion to determine whether to request the examination.