By Naishtat, Reyna of Dallas                          H.B. No. 1234
         77R5539 KEL-D                           
                                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 DURING FORENSIC MEDICAL
 1-8     EXAMINATION.  (a)  Before conducting a forensic medical examination
 1-9     of a person who alleges to have sustained injuries as the victim of
1-10     a sexual assault, the physician or other medical services personnel
1-11     conducting the examination shall offer the person the opportunity
1-12     to have an advocate from a sexual assault program as defined by
1-13     Section 420.003, Government Code, present with the person during
1-14     the examination, if the advocate is available at the time of the
1-15     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           SECTION 2.  This Act takes effect September 1, 2001.