79R2372 RMB-D

By:  Whitmire                                                     S.B. No. 908



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)  "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 a medical examination of the child.
	(b)  In a county with a population of three million or more, a 
medical examination of a child alleged to be the victim of a sexual 
assault must include the production of photo documentation unless 
the parent or legal guardian of the child does not consent 
specifically to the photo documentation or the person examining the 
child determines that other 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 person 
conducting the medical examination shall document in the child's 
medical records the reason photo documentation was not produced.
	(e)  The fact that the person examining the child did not 
produce photo documentation in 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.