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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 131 was passed by the House on April
24, 2001, by the following vote: Yeas 145, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 131 was passed by the Senate on May
23, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor