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                                  * * * * *