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 REPRESENTATIVE DURING
1-8 FORENSIC MEDICAL EXAMINATION. (a) Before conducting a forensic
1-9 medical examination of a person who consents to such an examination
1-10 for the collection of evidence for an alleged sexual assault, the
1-11 physician or other medical services personnel conducting the
1-12 examination shall offer the person the opportunity to have an
1-13 advocate from a sexual assault program as defined by Section
1-14 420.003, Government Code, who has completed a sexual assault
1-15 training program described by Section 420.011(b), Government Code,
1-16 present with the person during the examination, if the advocate is
1-17 available at the time of the examination.
1-18 (b) The advocate may only provide the injured person with:
1-19 (1) counseling and other support services; and
1-20 (2) information regarding the rights of crime victims
1-21 under Article 56.02.
1-22 (c) Notwithstanding Subsection (a), the advocate and the
1-23 sexual assault program providing the advocate may not delay or
1-24 otherwise impede the screening or stabilization of an emergency
2-1 medical condition.
2-2 (d) The sexual assault program providing the advocate shall
2-3 pay all costs associated with providing the advocate.
2-4 (e) Any individual or entity, including a health care
2-5 facility, that provides an advocate with access to a person
2-6 consenting to an examination under Subsection (a) is not subject to
2-7 civil or criminal liability for providing that access. In this
2-8 subsection, "health care facility" includes a hospital licensed
2-9 under Chapter 241, Health and Safety Code.
2-10 (f) If a person alleging to have sustained injuries as the
2-11 victim of a sexual assault was confined in a penal institution, as
2-12 defined by Section 1.07, Penal Code, at the time of the alleged
2-13 assault, the penal institution shall provide, at the person's
2-14 request, a representative to be present with the person at any
2-15 forensic medical examination conducted for the purpose of
2-16 collecting and preserving evidence related to the investigation or
2-17 prosecution of the alleged assault. The representative may only
2-18 provide the injured person with counseling and other support
2-19 services and with information regarding the rights of crime victims
2-20 under Article 56.02 and may not delay or otherwise impede the
2-21 screening or stabilization of an emergency medical condition. The
2-22 representative must be approved by the penal institution and must
2-23 be a:
2-24 (1) psychologist;
2-25 (2) sociologist;
2-26 (3) chaplain;
2-27 (4) social worker;
3-1 (5) case manager; or
3-2 (6) volunteer who has completed a sexual assault
3-3 training program described by Section 420.011(b), Government Code.
3-4 SECTION 2. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1234 was passed by the House on May
3, 2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1234 on May 23, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1234 on May 26, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1234 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1234 on May 27, 2001,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor