1-1 By: Naishtat, Reyna of Dallas H.B. No. 1234 1-2 (Senate Sponsor - Zaffirini) 1-3 (In the Senate - Received from the House May 4, 2001; 1-4 May 7, 2001, read first time and referred to Committee on Criminal 1-5 Justice; May 11, 2001, reported favorably by the following vote: 1-6 Yeas 4, Nays 1; May 11, 2001, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the presence of certain advocates during forensic 1-10 medical examinations of alleged victims of sexual assaults. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter A, Chapter 56, Code of Criminal 1-13 Procedure, is amended by adding Article 56.045 to read as follows: 1-14 Art. 56.045. PRESENCE OF ADVOCATE OR OTHER REPRESENTATIVE 1-15 DURING FORENSIC MEDICAL EXAMINATION. (a) Before conducting a 1-16 forensic medical examination of a person who alleges to have 1-17 sustained injuries as the victim of a sexual assault, the physician 1-18 or other medical services personnel conducting the examination 1-19 shall offer the person the opportunity to have an advocate from a 1-20 sexual assault program as defined by Section 420.003, Government 1-21 Code, present with the person during the examination, if the 1-22 advocate is available at the time of the examination. 1-23 (b) The advocate may only provide the injured person with: 1-24 (1) counseling and other support services; and 1-25 (2) information regarding the rights of crime victims 1-26 under Article 56.02. 1-27 (c) Notwithstanding Subsection (a), the advocate and the 1-28 sexual assault program providing the advocate may not delay or 1-29 otherwise impede the screening or stabilization of an emergency 1-30 medical condition. 1-31 (d) The sexual assault program providing the advocate shall 1-32 pay all costs associated with providing the advocate. 1-33 (e) A health care facility, including a hospital licensed 1-34 under Chapter 241, Health and Safety Code, that provides an 1-35 advocate with access to an injured person for purposes of this 1-36 article is not subject to civil or criminal liability for providing 1-37 that access. 1-38 (f) If a person alleging to have sustained injuries as the 1-39 victim of a sexual assault was confined in a penal institution, as 1-40 defined by Section 1.07, Penal Code, at the time of the alleged 1-41 assault, the penal institution shall provide, at the person's 1-42 request, a representative to be present with the person at any 1-43 forensic medical examination conducted for the purpose of 1-44 collecting and preserving evidence related to the investigation or 1-45 prosecution of the alleged assault. The representative may only 1-46 provide the injured person with counseling and other support 1-47 services and with information regarding the rights of crime victims 1-48 under Article 56.02 and may not delay or otherwise impede the 1-49 screening or stabilization of an emergency medical condition. The 1-50 representative must be approved by the penal institution and must 1-51 be a: 1-52 (1) psychologist; 1-53 (2) sociologist; 1-54 (3) chaplain; 1-55 (4) case manager; or 1-56 (5) volunteer who has completed a sexual assault 1-57 training program described by Section 420.011(b), Government Code. 1-58 SECTION 2. This Act takes effect September 1, 2001. 1-59 * * * * *