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A BILL TO BE ENTITLED
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AN ACT
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relating to reimbursement of certain medical costs for victims of |
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certain sex offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 56.06, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 56.06. FORENSIC MEDICAL EXAMINATION FOR SEXUAL ASSAULT |
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VICTIM WHO HAS REPORTED ASSAULT; COSTS. |
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SECTION 2. Article 56.06, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (b), (c), and (d) and adding |
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Subsection (f) to read as follows: |
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(a) If a sexual assault is reported to a law enforcement |
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agency within 96 hours of the assault, the law enforcement agency, |
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with the consent of the victim, a person authorized to act on behalf |
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of the victim, or an employee of the Department of Family and |
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Protective Services, shall request a forensic medical examination |
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of the victim of the alleged assault for use in the investigation or |
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prosecution of the offense. A law enforcement agency may decline to |
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request a forensic medical examination under this subsection only |
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if the person reporting the sexual assault has made one or more |
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false reports of sexual assault to any law enforcement agency and if |
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there is no other evidence to corroborate the current allegations |
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of sexual assault. |
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(b) If a sexual assault is not reported within the period |
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described by Subsection (a), on receiving the consent described by |
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that subsection the law enforcement agency may request a forensic |
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medical examination of a victim of an alleged sexual assault as |
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considered appropriate by the agency. |
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(c) A law enforcement agency that requests a forensic |
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medical examination of a victim of an alleged sexual assault for use |
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in the investigation or prosecution of the offense shall pay all |
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costs of the examination. On application to the attorney general, |
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the law enforcement agency is entitled to be reimbursed for the |
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reasonable costs of that examination if the examination was |
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performed by a physician or by a sexual assault examiner or sexual |
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assault nurse examiner, as defined by Section 420.003, Government |
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Code. |
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(d) A law enforcement agency or prosecuting attorney's |
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office may pay all costs related to the testimony of a licensed |
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health care professional in a criminal proceeding regarding the |
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results of the forensic medical examination or manner in which it |
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was performed. |
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(f) The attorney general may make a payment to or on behalf |
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of an individual for the reasonable costs incurred for medical care |
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provided in accordance with Section 323.004, Health and Safety |
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Code. |
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SECTION 3. Article 56.065, Code of Criminal Procedure, is |
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amended by adding Subsection (k) to read as follows: |
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(k) The attorney general may make a payment to or on behalf |
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of an individual for the reasonable costs incurred for medical care |
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provided in accordance with Section 323.004, Health and Safety |
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Code. |
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SECTION 4. Article 56.54(k), Code of Criminal Procedure, is |
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amended to read as follows: |
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(k) The attorney general may use the compensation to victims |
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of crime fund to: |
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(1) reimburse a law enforcement agency for the |
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reasonable costs of a forensic medical examination that are |
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incurred by the agency under Article 56.06 or 56.065; and |
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(2) make a payment to or on behalf of an individual for |
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the reasonable costs incurred for medical care provided under |
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Article 56.06 or 56.065 in accordance with Section 323.004, Health |
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and Safety Code. |
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SECTION 5. The change in law made by this Act applies only |
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to payments made for medical care provided on or after the effective |
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date of this Act. Payments made for medical care provided before |
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the effective date of this Act are governed by the law in effect on |
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the date the care was provided, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |