Amend CSHB 8 (house committee printing) as follows:
(1) On page 8, line 2, strike "notifies" and substitute "provides written notification".
(2) On page 8, line 3, between "evidence" and the underlined semicolon, insert the following:
that includes:
(A) detailed instructions on how the victim may make a written objection to the decision, including contact information for the entity; or
(B) a standard form for the victim to complete and return to the entity to make a written objection to the decision
(3) Strike page 10, line 8, through page 11, line 1.
(4) On page 11, line 2, strike "(e)" and substitute "(d)".
(5) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 323.005, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:
(a) The department shall develop a standard information form for sexual assault survivors that must include:
(1) a detailed explanation of the forensic medical examination required to be provided by law, including a statement that photographs may be taken of the genitalia;
(2) information regarding treatment of sexually transmitted infections and pregnancy, including:
(A) generally accepted medical procedures;
(B) appropriate medications; and
(C) any contraindications of the medications prescribed for treating sexually transmitted infections and preventing pregnancy;
(3) information regarding drug-facilitated sexual assault, including the necessity for an immediate urine test for sexual assault survivors who may have been involuntarily drugged;
(4) information regarding crime victims compensation, including:
(A) a statement that public agencies are responsible for paying for the forensic portion of an examination conducted under Article 56.06 or 56.065, Code of Criminal Procedure, and for the evidence collection kit used in connection with the examination[:
[(i)
a law enforcement agency will pay for the forensic portion of an examination requested by the agency under Article 56.06, Code of Criminal Procedure, and for the evidence collection kit; or
[(ii) the Department of Public Safety will pay the appropriate fees for the forensic portion of an examination conducted under Article 56.065, Code of Criminal Procedure, and for the evidence collection kit]; and
(B) [reimbursement] information regarding the reimbursement of the survivor for the medical portion of the examination;
(5) an explanation that consent for the forensic medical examination may be withdrawn at any time during the examination;
(6) the name and telephone number of sexual assault crisis centers statewide; and
(7) information regarding postexposure prophylaxis for HIV infection.
(d) In addition to providing the information form described by Subsection (a), a health care facility shall ensure that the information described by Subsection (a)(4)(A) is orally communicated to the survivor.
SECTION ____. Chapter 323, Health and Safety Code, is amended by adding Section 323.0052 to read as follows:
Sec. 323.0052. INFORMATION FORM FOR SEXUAL ASSAULT SURVIVORS WHO HAVE NOT REPORTED ASSAULT. (a) The department shall develop a standard information form that, as described by Subsection (b), is to be provided to sexual assault survivors who have not given signed, written consent to a health care facility to release the evidence as provided by Section 420.0735, Government Code. The form must include the following information:
(1) the Department of Public Safety's policy regarding storage of evidence of a sexual assault or other sex offense that is collected under Article 56.065, Code of Criminal Procedure, including:
(A) a statement that the evidence will be stored until the fifth anniversary of the date on which the evidence was collected before the evidence becomes eligible for destruction; and
(B) the department's procedures regarding the notification of the survivor before a planned destruction of the evidence;
(2) a statement that the survivor may request the release of the evidence to a law enforcement agency and report a sexual assault or other sex offense to the agency at any time;
(3) the name, phone number, and e-mail address of the law enforcement agency with jurisdiction over the offense; and
(4) the name and phone number of a local rape crisis center.
(b) A health care facility that provides care to a sexual assault survivor who has not given consent as described by Subsection (a) shall provide the standard form developed under Subsection (a) to the survivor before the survivor is released from the facility.