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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 and compensation to victims of stalking for |
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relocation and housing rental expenses. |
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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 56.32(a)(9), Code of Criminal Procedure, |
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is amended to read as follows: |
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(9) "Pecuniary loss" means the amount of expense |
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reasonably and necessarily incurred as a result of personal injury |
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or death for: |
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(A) medical, hospital, nursing, or psychiatric |
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care or counseling, or physical therapy; |
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(B) actual loss of past earnings and anticipated |
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loss of future earnings and necessary travel expenses because of: |
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(i) a disability resulting from the |
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personal injury; |
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(ii) the receipt of medically indicated |
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services related to the disability resulting from the personal |
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injury; or |
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(iii) participation in or attendance at |
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investigative, prosecutorial, or judicial processes related to the |
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criminally injurious conduct and participation in or attendance at |
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any postconviction or postadjudication proceeding relating to |
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criminally injurious conduct; |
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(C) care of a child or dependent; |
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(D) funeral and burial expenses, including, for |
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an immediate family member or household member of the victim, the |
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necessary expenses of traveling to and attending the funeral; |
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(E) loss of support to a dependent, consistent |
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with Article 56.41(b)(5); |
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(F) reasonable and necessary costs of cleaning |
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the crime scene; |
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(G) reasonable replacement costs for clothing, |
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bedding, or property of the victim seized as evidence or rendered |
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unusable as a result of the criminal investigation; |
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(H) reasonable and necessary costs for |
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relocation and housing rental assistance payments[,] as provided by |
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Article 56.42(d)[, incurred by a victim of family violence or a
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victim of sexual assault who is assaulted in the victim's place of
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residence for relocation and housing rental assistance payments]; |
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(I) for an immediate family member or household |
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member of a deceased victim, bereavement leave of not more than 10 |
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work days; and |
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(J) reasonable and necessary costs of traveling |
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to and from a place of execution for the purpose of witnessing the |
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execution, including one night's lodging near the place at which |
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the execution is conducted. |
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SECTION 5. Article 56.42(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) A victim who is a victim of stalking, family violence, |
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or [a victim of] trafficking of persons, or a victim of sexual |
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assault who is assaulted in the victim's place of residence, may |
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receive a onetime-only assistance payment in an amount not to |
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exceed: |
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(1) $2,000 to be used for relocation expenses, |
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including expenses for rental deposit, utility connections, |
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expenses relating to the moving of belongings, motor vehicle |
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mileage expenses, and for out-of-state moves, transportation, |
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lodging, and meals; and |
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(2) $1,800 to be used for housing rental expenses. |
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SECTION 6. 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 7. (a) The change in law made by this Act relating |
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to reimbursement of certain medical costs applies only to payments |
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made for medical care provided on or after the effective date of |
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this Act. Payments made for medical care provided before the |
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effective date of this Act are governed by the law in effect on the |
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date the care was provided, and the former law is continued in |
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effect for that purpose. |
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(b) The change in law made by this Act relating to |
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compensation for relocation and housing rental expenses applies |
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only to a victim of a criminal offense committed or a violation that |
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occurs on or after the effective date of this Act. The victim of a |
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criminal offense committed or a violation that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed or the violation occurred, and the |
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former law is continued in effect for that purpose. For purposes of |
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this subsection, a criminal offense was committed or a violation |
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occurred before the effective date of this Act if any element of the |
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offense or violation occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2015. |
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