1-1     By:  Deshotel (Senate Sponsor - Armbrister)            H.B. No. 131
 1-2           (In the Senate - Received from the House April 25, 2001;
 1-3     April 26, 2001, read first time and referred to Committee on
 1-4     Criminal Justice; May 10, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the use of the compensation to victims of crime fund to
 1-9     reimburse the reasonable costs of certain victims' medical
1-10     examinations.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Article 56.06, Code of Criminal Procedure, is
1-13     amended to read as follows:
1-14           Art. 56.06.  COSTS OF MEDICAL EXAMINATION. (a) A law
1-15     enforcement agency that requests a medical examination of a victim
1-16     of an alleged sexual assault for use in the investigation or
1-17     prosecution of the offense shall pay all costs of the examination.
1-18     On application to the attorney general, the law enforcement agency
1-19     is entitled to be reimbursed for the reasonable costs of that
1-20     examination if the examination was performed by a physician or by a
1-21     sexual assault examiner or sexual assault nurse examiner, as
1-22     defined by Section 420.003, Government Code.
1-23           (b)  A law enforcement agency or prosecuting attorney's
1-24     office may pay all costs related to the testimony of a licensed
1-25     health care professional in a criminal proceeding regarding the
1-26     results of the medical examination or manner in which it was
1-27     performed.
1-28           (c) [(b)]  This article does not require a law enforcement
1-29     agency to pay any costs of treatment for injuries.
1-30           SECTION 2. Article 56.54(b), Code of Criminal Procedure, as
1-31     amended by Chapters 1042 and 1434, Acts of the 75th Legislature,
1-32     Regular Session, 1997, is reenacted and amended to read as follows:
1-33           (b)  Except as provided by Subsections (h), [and] (i), (j),
1-34     and (k) and Article 56.541, the compensation to victims of crime
1-35     fund may be used only by the attorney general for the payment of
1-36     compensation to claimants or victims under this subchapter, the
1-37     operation of the Crime Victims' Institute created by Chapter 412,
1-38     Government Code, and other expenses in administering this
1-39     subchapter.
1-40           SECTION 3. Article 56.54, Code of Criminal Procedure, is
1-41     amended by adding Subsection (k) to read as follows:
1-42           (k)  The attorney general may use the compensation to victims
1-43     of crime fund to reimburse a law enforcement agency for the
1-44     reasonable costs of a medical examination that are incurred by the
1-45     agency under Article 56.06.
1-46           SECTION 4. This Act takes effect immediately if it receives a
1-47     vote of two-thirds of all the members elected to each house, as
1-48     provided by Section 39, Article III, Texas Constitution. If this
1-49     Act does not receive the vote necessary for immediate effect, this
1-50     Act takes effect September 1, 2001.
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