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.
1-51 * * * * *