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.