SRC-JBJ H.B. 131 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 131
By: Deshotel (Armbrister)
Criminal Justice
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, a law enforcement agency (agency) that requests a
medical examination of a victim of an alleged sexual assault for use in the
investigation or prosecution of the offense is required to pay all costs of
the examination.  H.B. 131 entitles a law enforcement agency to be
reimbursed for the reasonable costs of a medical examination of a victim of
an alleged sexual assault if that information is to be used in the
investigation or prosecution of the offense. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 56.06, Code of Criminal Procedure, to provide
that on application to the attorney general, the law enforcement agency is
entitled to be reimbursed for the reasonable costs of that examination if
the examination was performed by a physician or by a sexual assault
examiner or sexual assault nurse examiner, as defined by Section 420.003,
Government Code.  

SECTION 2.  Reenacts Article 56.54(b), Code of Criminal Procedure, as
amended by Chapters 1042 and 1434, Acts of the 75th Legislature, Regular
Session, 1997, and amends it as follows: 

(b)  Authorizes the compensation to victims of crime fund, except as
provided by Subsections (h), (i), (j), and (k) and Article 56.541, to be
used only by the attorney general for the payment of compensation to
claimants or victims under this subchapter, the operation of the Crime
Victims' Institute created by Chapter 412, Government Code, and other
expenses in administering this subchapter. 
 
SECTION 3.  Amends Article 56.54, Code of Criminal Procedure, by adding
Subsection (k), to authorize the attorney general to use the compensation
to victims of crime fund to reimburse a law enforcement agency for the
reasonable costs of a medical examination that are incurred by the agency
under Article 56.06.  

SECTION 4.  Effective date: upon passage or September 1, 2001.