By Naishtat, Reyna of Dallas                          H.B. No. 1234
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the presence of certain advocates during forensic
 1-3     medical examinations of alleged victims of sexual assaults.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 56, Code of Criminal
 1-6     Procedure, is amended by adding Article 56.045 to read as follows:
 1-7           Art. 56.045.  PRESENCE OF ADVOCATE OR OTHER REPRESENTATIVE
 1-8     DURING FORENSIC MEDICAL EXAMINATION.  (a)  Before conducting a
 1-9     forensic medical examination of a person who alleges to have
1-10     sustained injuries as the victim of a sexual assault, the physician
1-11     or other medical services personnel conducting the examination
1-12     shall offer the person the opportunity to have an advocate from a
1-13     sexual assault program as defined by Section 420.003, Government
1-14     Code, present with the person during the examination, if the
1-15     advocate is available at the time of the examination.
1-16           (b)  The advocate may only provide the injured person with:
1-17                 (1)  counseling and other support services; and
1-18                 (2)  information regarding the rights of crime victims
1-19     under Article 56.02.
1-20           (c)  Notwithstanding Subsection (a), the advocate and the
1-21     sexual assault program providing the advocate may not delay or
1-22     otherwise impede the screening or stabilization of an emergency
1-23     medical condition.
1-24           (d)  The sexual assault program providing the advocate shall
 2-1     pay all costs associated with providing the advocate.
 2-2           (e)  A health care facility, including a hospital licensed
 2-3     under Chapter 241, Health and Safety Code, that provides an
 2-4     advocate with access to an injured person for purposes of this
 2-5     article is not subject to civil or criminal liability for providing
 2-6     that access.
 2-7           (f)  If a person alleging to have sustained injuries as the
 2-8     victim of a sexual assault was confined in a penal institution, as
 2-9     defined by Section 1.07, Penal Code, at the time of the alleged
2-10     assault, the penal institution shall provide, at the person's
2-11     request, a representative to be present with the person at any
2-12     forensic medical examination conducted for the purpose of
2-13     collecting and preserving evidence related to the investigation or
2-14     prosecution of the alleged assault.  The representative may only
2-15     provide the injured person with counseling and other support
2-16     services and with information regarding the rights of crime victims
2-17     under Article 56.02 and may not delay or otherwise impede the
2-18     screening or stabilization of an emergency medical condition.  The
2-19     representative must be approved by the penal institution and must
2-20     be a:
2-21                 (1)  psychologist;
2-22                 (2)  sociologist;
2-23                 (3)  chaplain;
2-24                 (4)  case manager; or
2-25                 (5)  volunteer who has completed a sexual assault
2-26     training program described by Section 420.011(b), Government Code.
2-27           SECTION 2.  This Act takes effect September 1, 2001.