By Deshotel                                            H.B. No. 131
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of the compensation to victims of crime fund to
 1-3     reimburse the reasonable costs of certain victims' medical
 1-4     examinations.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Article 56.06, Code of Criminal Procedure, is
 1-7     amended to read as follows:
 1-8           Art. 56.06.  COSTS OF MEDICAL EXAMINATION. (a) A law
 1-9     enforcement agency that requests a medical examination of a victim
1-10     of an alleged sexual assault for use in the investigation or
1-11     prosecution of the offense shall pay all costs of the examination.
1-12     On application to the attorney general, the law enforcement agency
1-13     is entitled to be reimbursed for the reasonable costs of that
1-14     examination if the examination was performed by a physician or by a
1-15     sexual assault examiner or sexual assault nurse examiner, as
1-16     defined by Section 420.003, Government Code.
1-17           (b)  A law enforcement agency or prosecuting attorney's
1-18     office may pay all costs related to the testimony of a licensed
1-19     health care professional in a criminal proceeding regarding the
1-20     results of the medical examination or manner in which it was
1-21     performed.
1-22           (c) [(b)]  This article does not require a law enforcement
1-23     agency to pay any costs of treatment for injuries.
1-24           SECTION 2. Article 56.54(b), Code of Criminal Procedure, as
 2-1     amended by Chapters 1042 and 1434, Acts of the 75th Legislature,
 2-2     Regular Session, 1997, is reenacted and amended to read as follows:
 2-3           (b)  Except as provided by Subsections (h), [and] (i), (j),
 2-4     and (k) and Article 56.541, the compensation to victims of crime
 2-5     fund may be used only by the attorney general for the payment of
 2-6     compensation to claimants or victims under this subchapter, the
 2-7     operation of the Crime Victims' Institute created by Chapter 412,
 2-8     Government Code, and other expenses in administering this
 2-9     subchapter.
2-10           SECTION 3. Article 56.54, Code of Criminal Procedure, is
2-11     amended by adding Subsection (k) to read as follows:
2-12           (k)  The attorney general may use the compensation to victims
2-13     of crime fund to reimburse a law enforcement agency for the
2-14     reasonable costs of a medical examination that are incurred by the
2-15     agency under Article 56.06.
2-16           SECTION 4. This Act takes effect immediately if it receives a
2-17     vote of two-thirds of all the members elected to each house, as
2-18     provided by Section 39, Article III, Texas Constitution. If this
2-19     Act does not receive the vote necessary for immediate effect, this
2-20     Act takes effect September 1, 2001.