By Goolsby                                             H.B. No. 655
         77R3757 ATP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain duties of peace officers who investigate
 1-3     sexually violent offenses and to the right of a victim of a
 1-4     sexually violent offense to request a medical examination.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 2, Code of Criminal Procedure, is amended
 1-7     by adding Article 2.131 to read as follows:
 1-8           Art. 2.131.  DUTIES OF PEACE OFFICER DURING INVESTIGATION OF
 1-9     SEXUALLY VIOLENT OFFENSE.  (a)  In this article, "sexually violent
1-10     offense" means:
1-11                 (1)  an offense under Section 21.11(a)(1), 22.011, or
1-12     22.021, Penal Code; or
1-13                 (2)  an offense under the laws of another state,
1-14     federal law, or the Uniform Code of Military Justice if the offense
1-15     contains elements that are substantially similar to the elements of
1-16     an offense listed under Subdivision (1).
1-17           (b)  The primary duties of a peace officer who investigates
1-18     an allegation of a sexually violent offense or who responds to a
1-19     call that may involve the commission of a sexually violent offense
1-20     are to enforce the law of this state, provide notice to the victim
1-21     of the alleged offense of the victim's right to request a medical
1-22     examination, and make lawful arrests of violators.
1-23           (c)  A peace officer who investigates an allegation of a
1-24     sexually violent offense or who responds to a call that may involve
 2-1     the commission of a sexually violent offense shall:
 2-2                 (1)  advise any possible adult victim of the victim's
 2-3     right to a medical examination;
 2-4                 (2)  provide in English and in Spanish written notice
 2-5     of the victim's legal rights and remedies and materials that
 2-6     describe the availability of community services for victims of
 2-7     sexually violent offenses if the materials are made available by
 2-8     community services providers to the law enforcement agency
 2-9     employing the officer; and
2-10                 (3)  ensure that a licensed health care professional is
2-11     available to perform a medical examination of the victim of the
2-12     alleged offense if the victim consents to an examination.
2-13           (d)  A victim of an alleged sexually violent offense is not
2-14     required to file a criminal report relating to the offense before
2-15     requesting a medical examination under Subsection (c)(2).
2-16           (e)  Evidence obtained from a medical examination of a victim
2-17     of an alleged sexually violent offense must be preserved for at
2-18     least 30 days, regardless of whether the victim agrees to cooperate
2-19     with the investigation of the offense.
2-20           SECTION 2.  This Act takes effect September 1, 2001, and
2-21     applies only to an allegation of a sexually violent offense made on
2-22     or after that date, without regard to when the offense was
2-23     allegedly committed.