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.