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78R3982 EMT-D
By: Deshotel H.B. No. 1361
A BILL TO BE ENTITLED
AN ACT
relating to the use of the compensation to victims of crime fund to
reimburse the reasonable costs of certain victims' medical
examinations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.06(a), Code of Criminal Procedure, is
amended to read as follows:
(a) If a [A] law enforcement agency [that] requests a
medical examination of a victim of an alleged sexual assault for use
in the investigation or prosecution of the offense, the person
performing the examination [shall pay all costs of the examination.
On application to the attorney general, the law enforcement agency]
is entitled to be reimbursed for the reasonable costs of that
examination on application to the attorney general if the person is
[examination was performed by] a physician or [by] a sexual assault
examiner or sexual assault nurse examiner, as defined by Section
420.003, Government Code. The person is entitled to reimbursement
under this subsection without regard to whether the person is
affiliated with a hospital.
SECTION 2. Article 56.54(k), Code of Criminal Procedure, is
amended to read as follows:
(k) The attorney general may use the compensation to victims
of crime fund to provide reasonable compensation to [reimburse] a
provider [law enforcement agency] for performing [the reasonable
costs of] a medical examination [that are incurred by the agency]
under Article 56.06.
SECTION 3. Article 56.06(c), Code of Criminal Procedure, is
repealed.
SECTION 4. This Act takes effect September 1, 2003, and
applies only to the compensation of a physician, sexual assault
examiner, or sexual assault nurse examiner for an examination
requested on or after September 1, 2003, under Article 56.06, Code
of Criminal Procedure, as amended by this Act. An examination
requested before September 1, 2003, is covered by the law in effect
when the request is made, and the former law is continued in effect
for that purpose.