79R2761 RMB-D
By: Naishtat H.B. No. 544
A BILL TO BE ENTITLED
AN ACT
relating to the right of certain sexual assault victims to a
forensic medical examination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.02(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from law enforcement agencies
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate take the safety of
the victim or his family into consideration as an element in fixing
the amount of bail for the accused;
(3) the right, if requested, to be informed:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled prior to the event; and
(B) by an appellate court of decisions of the
court, after the decisions are entered but before the decisions are
made public;
(4) the right to be informed, when requested, by a
peace officer concerning the defendant's right to bail and the
procedures in criminal investigations and by the district
attorney's office concerning the general procedures in the criminal
justice system, including general procedures in guilty plea
negotiations and arrangements, restitution, and the appeals and
parole process;
(5) the right to provide pertinent information to a
probation department conducting a presentencing investigation
concerning the impact of the offense on the victim and his family by
testimony, written statement, or any other manner prior to any
sentencing of the offender;
(6) the right to receive information regarding
compensation to victims of crime as provided by Subchapter B,
including information related to the costs that may be compensated
under that subchapter and the amount of compensation, eligibility
for compensation, and procedures for application for compensation
under that subchapter, the payment for a medical examination under
Article 56.06 for a victim of a sexual assault, and when requested,
to referral to available social service agencies that may offer
additional assistance;
(7) the right to be informed, upon request, of parole
procedures, to participate in the parole process, to be notified,
if requested, of parole proceedings concerning a defendant in the
victim's case, to provide to the Board of Pardons and Paroles for
inclusion in the defendant's file information to be considered by
the board prior to the parole of any defendant convicted of any
crime subject to this subchapter, and to be notified, if requested,
of the defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the offender and
relatives of the offender, before testifying in any proceeding
concerning the offender; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the offender and the offender's relatives and
witnesses, before and during court proceedings;
(9) the right to prompt return of any property of the
victim that is held by a law enforcement agency or the attorney for
the state as evidence when the property is no longer required for
that purpose;
(10) the right to have the attorney for the state
notify the employer of the victim, if requested, of the necessity of
the victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
(11) the right to counseling, on request, regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection and testing for acquired
immune deficiency syndrome (AIDS), human immunodeficiency virus
(HIV) infection, antibodies to HIV, or infection with any other
probable causative agent of AIDS, if the offense is an offense under
Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
(12) the right to request victim-offender mediation
coordinated by the victim services division of the Texas Department
of Criminal Justice; [and]
(13) the right to be informed of the uses of a victim
impact statement and the statement's purpose in the criminal
justice system, to complete the victim impact statement, and to
have the victim impact statement considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the Board of Pardons and Paroles before an
inmate is released on parole; and
(14) except as provided by Article 56.06(a), for a
victim of a sexual assault, the right to a forensic medical
examination if the sexual assault is reported to a law enforcement
agency within 96 hours of the assault.
SECTION 2. Article 56.06, Code of Criminal Procedure, is
amended to read as follows:
Art. 56.06. MEDICAL EXAMINATION FOR SEXUAL ASSAULT VICTIM;
COSTS [OF MEDICAL EXAMINATION]. (a) If a sexual assault is
reported to a law enforcement agency within 96 hours of the assault,
the law enforcement agency, with the consent of the victim or a
person authorized to act on behalf of the victim, shall request a
medical examination of the victim of the alleged assault for use in
the investigation or prosecution of the offense. A law enforcement
agency may decline to request a medical examination under this
subsection only if the person reporting the sexual assault has made
one or more false or unsubstantiated reports of sexual assault to
any law enforcement agency and if there is no other evidence to
corroborate the current allegations of sexual assault.
(b) If a sexual assault is not reported within the period
described by Subsection (a), on receiving the consent described by
that subsection the law enforcement agency may request a medical
examination of a victim of an alleged sexual assault as considered
appropriate by the agency.
(c) 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 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 if the 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.
(d) [(b)] A law enforcement agency or prosecuting
attorney's office may pay all costs related to the testimony of a
licensed health care professional in a criminal proceeding
regarding the results of the medical examination or manner in which
it was performed.
(e) [(c)] This article does not require a law enforcement
agency to pay any costs of treatment for injuries.
SECTION 3. The changes in law made by this Act apply only to
a sexual assault reported on or after the effective date of this
Act. A sexual assault reported before the effective date of this
Act is governed by the law in effect on the date the assault is
reported, and the current law remains in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.