By Wise H.B. No. 1994
75R5638 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of certain costs incurred in the
1-3 investigation of criminal or injurious conduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 56.06, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 56.06. COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS
1-8 [MEDICAL EXAMINATION]. (a) A law enforcement agency that requests
1-9 a medical, dental, or mental health examination of a victim of an
1-10 alleged felony offense under Title 5 or Title 6, Penal Code,
1-11 [sexual assault] for use in the investigation or prosecution of the
1-12 offense shall pay all costs of the examination. A law enforcement
1-13 agency or prosecuting attorney's office may pay all costs related
1-14 to the testimony of a licensed health care professional in a
1-15 criminal proceeding regarding the results of the medical, dental,
1-16 or mental health examination or the manner in which it was
1-17 performed.
1-18 (b) This article does not require a law enforcement agency
1-19 to pay any costs of treatment for injuries.
1-20 SECTION 2. Sections 261.302(a) and (c), Family Code, are
1-21 amended to read as follows:
1-22 (a) The investigation may include:
1-23 (1) a visit to the child's home, unless the alleged
1-24 abuse or neglect can be confirmed or clearly ruled out without a
2-1 home visit; and
2-2 (2) an interview with and examination of the subject
2-3 child, which may include a medical, dental, psychological, or
2-4 psychiatric examination.
2-5 (c) The investigation may include an interview with the
2-6 child's parents and an interview with and medical, dental,
2-7 psychological, or psychiatric examination of any child in the home.
2-8 SECTION 3. Subchapter D, Chapter 261, Family Code, is
2-9 amended by adding Section 261.313 to read as follows:
2-10 Sec. 261.313. COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS.
2-11 If the department or designated agency or a designee of the
2-12 department or agency conducts a medical, dental, psychological, or
2-13 psychiatric examination of a child under Section 261.302, the
2-14 department or agency shall pay all costs of the examination.
2-15 SECTION 4. This Act takes effect September 1, 1997, and
2-16 applies only to a medical, dental, or mental health examination
2-17 conducted on or after that date.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.