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.