SRC-JBJ H.B. 1234 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1234
By: Naishtat (Zaffirini)
Criminal Justice
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Survivors of sexual assault commonly experience a great deal of trauma as
result of such an offense. As part of the investigation process, a person
who has suffered a sexual assault must undergo an intrusive forensic
medical examination that often exacerbates that feeling of trauma.  H.B.
1234 requires physicians or other medical personnel to offer a person who
alleges to have suffered a sexual assault the opportunity to have a sexual
assault advocate from a sexual assault program present at the time of the
examination and sets forth guidelines for that practice. 

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 Chapter 56A, Code of Criminal Procedure, by adding
Article 56.045, as follows: 

Art. 56.045.  PRESENCE OF ADVOCATE OR OTHER REPRESENTATIVE DURING FORENSIC
MEDICAL EXAMINATION.  (a)  Requires the physician or other medical services
personnel conducting the examination, before conducting a forensic medical
examination of a person who alleges to have sustained injuries as the
victim of a sexual assault, to offer the person the opportunity to have an
advocate from a sexual assault program as defined by Section 420.003,
Government Code, present with the person during the examination, if the
advocate is available at the time of the examination. 
 
(b)  Authorizes the advocate to only provide the injured person with
counseling and other support services and information regarding the rights
of crime victims under Article 56.02. 

(c)  Prohibits the advocate and the sexual assault program providing the
advocate, notwithstanding Subsection (a), from delaying or otherwise
impeding the screening or stabilization of an emergency medical condition. 

(d)  Requires the sexual assault program providing the advocate to pay all
costs associated with providing the advocate. 

(e)  Provides that a health care facility, including a hospital licensed
under Chapter 241, Health and Safety Code, that provides an advocate with
access to an injured person for purposes of this article is not subject to
civil or criminal liability for providing that access. 

(f)  Requires the penal institution, if a person alleging to have sustained
injuries as the victim of a sexual assault was confined in a penal
institution, as defined by Section 1.07,  Penal Code, at the time of the
alleged assault, to provide, at the person's request, a representative to
be present with the person at any forensic medical examination conducted
for the purpose of collecting and preserving evidence related to the
investigation or prosecution of the alleged assault.  Authorizes the
representative to only provide the injured person with counseling and other
support services and with information regarding the rights of crime victims
under Article 56.02 and prohibits the representative from delaying or
otherwise impeding the screening or stabilization of an emergency medical
condition.  Requires the representative to be approved by the penal
institution and to be a psychologist; sociologist; chaplain; case manager;
or volunteer who has completed a sexual assault training program described
by Section 420.011(b), Government Code. 

SECTION 2.  Effective date: September 1, 2001.