By:  Bailey (Senate Sponsor - Whitmire)                           H.B. No. 546
	(In the Senate - Received from the House April 25, 2005; 
April 26, 2005, read first time and referred to Committee on 
Criminal Justice; May 5, 2005, reported favorably by the following 
vote:  Yeas 5, Nays 0; May 5, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to certain medical examination requirements in connection 
with an allegation of sexual assault of a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 420, Government Code, is 
amended by adding Section 420.032 to read as follows:
	Sec. 420.032.  PHOTO DOCUMENTATION REQUIRED FOR CHILD 
VICTIMS IN CERTAIN COUNTIES.  (a)   In this section:
		(1)  "Child" has the meaning assigned by Section 
101.003, Family Code.
		(2)  "Medical professional" has the meaning assigned by 
Section 91.001, Family Code.
		(3)  "Photo documentation" means video or photographs 
of a child alleged to be the victim of a sexual assault that are 
taken with a colposcope or other magnifying camera during the 
forensic portion of a medical examination of the child.
	(b)  In a county with a population of three million or more, 
the forensic portion of a medical examination of a child alleged to 
be the victim of a sexual assault must include the production of 
photo documentation unless the medical professional examining the 
child determines that good cause for refraining from producing 
photo documentation exists.
	(c)  The photo documentation must include images of the 
child's anogenital area and any signs of injury apparent on the body 
of the child.
	(d)  If photo documentation is not produced, the medical 
professional conducting the forensic portion of the medical 
examination shall document in the child's medical records the 
reason photo documentation was not produced.
	(e)  The fact that the medical professional examining the 
child did not produce photo documentation in the forensic portion 
of a medical examination of a child alleged to be the victim of a 
sexual assault and the reasons behind the lack of photo 
documentation are admissible at the trial of the alleged sexual 
assault, but the lack of photo documentation will not affect the 
admissibility of other evidence in the case.
	SECTION 2.  The change in law made by this Act applies to a 
sexual assault examination that occurs on or after the effective 
date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect June 1, 2005.



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