HBA-EDN H.B. 1234 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1234
By: Naishtat
Criminal Jurisprudence
3/5/2001
Introduced



BACKGROUND AND PURPOSE 

Survivors of sexual assault commonly feel traumatized and experience a
great deal of shame.  As part of the investigation process, the victim must
go through an intrusive forensic medical examination that can also be
traumatic.  House Bill 1234 requires physicians or other medical personnel
to offer a sexual assault victim the opportunity to have a sexual assault
advocate from a sexual assault program present at the time of the
examination. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1234 amends the Code of Criminal Procedure to require a
physician or other medical services personnel, 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 present during the examination.
The advocate is only authorized to provide the injured person with
counseling, support services, and information regarding the rights of crime
victims.  The advocate and the sexual assault program are prohibited from
delaying or otherwise impeding the screening or stabilization of an
emergency medical condition.  The bill requires the sexual assault program
to pay all costs associated with providing the advocate.  H.B. 1234
provides that a health care facility, including a hospital licensed under
the Texas Hospital Licensing Law that provides an advocate with access to
an injured person for purposes of these provisions, is not subject to civil
or criminal liability for providing that access. 

EFFECTIVE DATE

September 1, 2001.