By Turner of Harris H.B. No. 637
77R2465 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the sex offense evidence collection
1-3 account to reimburse the reasonable costs of certain victim 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 including the cost of an evidence collection kit used in the
1-13 examination. On application to the attorney general, the law
1-14 enforcement agency is entitled to be reimbursed for the reasonable
1-15 costs of the examination.
1-16 (b) A law enforcement agency or prosecuting attorney's
1-17 office may pay all costs related to the testimony of a licensed
1-18 health care professional in a criminal proceeding regarding the
1-19 results of the medical examination or manner in which it was
1-20 performed.
1-21 (c) [(b)] This article does not require a law enforcement
1-22 agency to pay any costs of treatment for injuries.
1-23 SECTION 2. Subchapter A, Chapter 56, Code of Criminal
1-24 Procedure, is amended by adding Article 56.061 to read as follows:
2-1 Art. 56.061. SEX OFFENSE EVIDENCE COLLECTION ACCOUNT. (a)
2-2 The attorney general may accept gifts, grants, or donations from a
2-3 public or private source to carry out the purposes of this article.
2-4 (b) The attorney general shall transfer any money received
2-5 under Subsection (a) to the comptroller for deposit to the credit
2-6 of the sex offense evidence collection account.
2-7 (c) The sex offense evidence collection account is an
2-8 account in the general revenue fund consisting of money deposited
2-9 to the credit of the account under Subsection (b) and money
2-10 appropriated to the credit of the account. Money in the account
2-11 may be used only to reimburse law enforcement agencies for the
2-12 reasonable costs of medical examinations of victims of alleged
2-13 sexual assaults or other sex offenses.
2-14 (d) Income from money in the account shall be credited to
2-15 the account.
2-16 (e) The account is exempt from the application of Section
2-17 403.095.
2-18 SECTION 3. Section 420.031(d), Government Code, is repealed.
2-19 SECTION 4. This Act takes effect September 1, 2001.