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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of victims of sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Section 30.022 to read as follows: |
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Sec. 30.022. TESTIMONY OF SEXUAL ASSAULT VICTIMS. (a) In |
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this section, "sexual assault" has the meaning assigned by Section |
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420.003, Government Code. |
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(b) Subject to Subsection (c), in a proceeding in a civil |
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action relating to an alleged sexual assault in which the victim of |
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the alleged offense is testifying, on the request of the victim, the |
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court shall close the proceeding to the public for the duration of |
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the victim's testimony. |
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(c) The court shall allow the following individuals to |
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remain in a proceeding that is closed to the public under Subsection |
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(b): |
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(1) a party to the action; |
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(2) a guardian of the victim or a party to the action; |
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(3) an immediate family member of the victim or a party |
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to the action; |
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(4) an attorney representing the person who allegedly |
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committed the sexual assault and any employees of the attorney; |
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(5) an officer of the court; |
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(6) a juror; |
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(7) a member of the news media; |
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(8) a court reporter; and |
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(9) a witness designated by the victim. |
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SECTION 2. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Articles 38.076 and 38.435 to read as follows: |
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Art. 38.076. TESTIMONY OF SEXUAL ASSAULT VICTIMS. (a) |
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Subject to Subsection (b), in a proceeding in the prosecution of an |
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offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal |
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Code, in which the victim of the alleged offense is testifying, on |
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the request of the victim, the court shall close the proceeding to |
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the public for the duration of the victim's testimony. |
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(b) The court shall allow the following individuals to |
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remain in a proceeding that is closed to the public under Subsection |
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(a): |
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(1) the defendant; |
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(2) a guardian of the victim or the defendant; |
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(3) an immediate family member of the victim or the |
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defendant; |
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(4) an attorney representing the state and any |
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employees of the attorney representing the state; |
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(5) an attorney representing the defendant and any |
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employees of the attorney representing the defendant; |
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(6) an officer of the court; |
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(7) a juror; |
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(8) a member of the news media; |
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(9) a court reporter; and |
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(10) with the consent of the victim, a witness |
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designated by the attorney representing the state. |
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Art. 38.435. PROHIBITED USE OF EVIDENCE FROM SEXUAL ASSAULT |
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EXAMINATION. Evidence collected during a forensic medical |
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examination conducted under Article 56.06 or 56.065 may not be used |
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to investigate or prosecute a misdemeanor offense, or an offense |
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under Subchapter D, Chapter 481, Health and Safety Code, alleged to |
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have been committed by the victim from whom the evidence was |
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collected. |
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SECTION 3. Article 56.021, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsections (e) and |
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(f) to read as follows: |
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(a) In addition to the rights enumerated in Article 56.02, |
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if the offense is a sexual assault, the victim, guardian of a |
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victim, or close relative of a deceased victim is entitled to the |
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following rights within the criminal justice system: |
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(1) if requested, the right to a disclosure of |
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information regarding any evidence that was collected during the |
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investigation of the offense, unless disclosing the information |
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would interfere with the investigation or prosecution of the |
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offense, in which event the victim, guardian, or relative shall be |
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informed of the estimated date on which that information is |
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expected to be disclosed; |
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(2) if requested, the right to a disclosure of |
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information regarding the status of any analysis being performed of |
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any evidence that was collected during the investigation of the |
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offense; |
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(3) if requested, the right to be notified: |
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(A) at the time a request is submitted to a crime |
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laboratory to process and analyze any evidence that was collected |
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during the investigation of the offense; |
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(B) at the time of the submission of a request to |
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compare any biological evidence collected during the investigation |
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of the offense with DNA profiles maintained in a state or federal |
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DNA database; and |
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(C) by the law enforcement agency that requested |
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[of the results of] the comparison described by Paragraph (B): |
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(i) of the results of that comparison, |
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through a secure and confidential message in writing that includes |
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a telephone number of the law enforcement agency that the survivor |
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may call regarding the results; or |
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(ii) if[, unless] disclosing the results of |
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that comparison would interfere with the investigation or |
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prosecution of the offense, [in which event the victim, guardian,
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or relative shall be informed] of the estimated date on which those |
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results are expected to be disclosed; |
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(4) if requested, the right to counseling regarding |
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acquired immune deficiency syndrome (AIDS) and human |
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immunodeficiency virus (HIV) infection; |
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(5) for the victim of the offense, testing for |
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acquired immune deficiency syndrome (AIDS), human immunodeficiency |
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virus (HIV) infection, antibodies to HIV, or infection with any |
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other probable causative agent of AIDS; and |
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(6) to the extent provided by Articles 56.06 and |
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56.065, for the victim of the offense, the right to a forensic |
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medical examination if, within 96 hours of the offense, the offense |
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is reported to a law enforcement agency or a forensic medical |
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examination is otherwise conducted at a health care facility. |
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(e) A victim of a sexual assault may not be required to pay |
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for: |
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(1) the forensic portion of a forensic medical |
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examination requested by a law enforcement agency under Article |
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56.06 or conducted under Article 56.065; or |
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(2) the evidence collection kit required for the |
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examination. |
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(f) A victim of a sexual assault retains all of the rights |
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provided to the victim under this article and Article 56.02 |
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regardless of whether the victim: |
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(1) participates in the investigation or prosecution |
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of the offense; or |
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(2) consents to receiving a forensic medical |
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examination under Article 56.06 or 56.065. |
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SECTION 4. Subchapter A, Chapter 56, Code of Criminal |
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Procedure, is amended by adding Article 56.025 to read as follows: |
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Art. 56.025. ACCESS TO REPORT OF LAW ENFORCEMENT AGENCY BY |
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VICTIM OF SEXUAL ASSAULT. (a) Notwithstanding Section 552.108, |
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Government Code, and except as provided by Subsection (b), on |
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request by the victim of a sexual assault, the law enforcement |
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agency investigating the sexual assault shall provide the victim |
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complete and unaltered copies of all law enforcement reports |
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concerning the sexual assault. The law enforcement agency shall |
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provide the copies not later than the 15th business day after the |
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date the request is submitted. The law enforcement agency may not |
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charge a fee for providing the copies. |
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(b) A law enforcement agency is not required to release any |
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portion of a law enforcement report concerning a sexual assault |
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that would interfere with the investigation or prosecution of the |
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offense. If a law enforcement agency does not release a portion of a |
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law enforcement report, the law enforcement agency shall inform the |
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victim of the estimated date that portion of the report is expected |
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to be available for release to the victim. |
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SECTION 5. Section 323.004(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A health care facility providing care to a sexual |
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assault survivor shall provide the survivor with: |
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(1) subject to Subsection (b-1), a forensic medical |
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examination in accordance with Subchapter B, Chapter 420, |
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Government Code, if the examination has been requested by a law |
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enforcement agency under Article 56.06, Code of Criminal Procedure, |
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or is conducted under Article 56.065, Code of Criminal Procedure; |
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(2) a private area, if available, to wait or speak with |
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the appropriate medical, legal, or sexual assault crisis center |
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staff or volunteer until a physician, nurse, or physician assistant |
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is able to treat the survivor; |
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(3) access to a sexual assault program advocate, if |
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available, as provided by Article 56.045, Code of Criminal |
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Procedure; |
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(4) the information form required by Section 323.005; |
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(5) a private treatment room, if available; |
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(6) if indicated by the history of contact, access to |
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appropriate prophylaxis for exposure to sexually transmitted |
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infections; [and] |
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(7) the name and telephone number of the nearest |
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sexual assault crisis center; and |
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(8) if the health care facility has shower facilities, |
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access to a shower at no cost to the survivor after the examination |
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described by Subdivision (1) or after the survivor declines the |
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examination, as applicable. |
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SECTION 6. Section 323.005(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department shall develop a standard information |
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form for sexual assault survivors that must include: |
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(1) a detailed explanation of the forensic medical |
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examination required to be provided by law, including a statement |
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that photographs may be taken of the genitalia; |
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(2) information regarding treatment of sexually |
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transmitted infections and pregnancy, including: |
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(A) generally accepted medical procedures; |
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(B) appropriate medications; and |
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(C) any contraindications of the medications |
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prescribed for treating sexually transmitted infections and |
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preventing pregnancy; |
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(3) information regarding drug-facilitated sexual |
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assault, including the necessity for an immediate urine test for |
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sexual assault survivors who may have been involuntarily drugged; |
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(4) information regarding crime victims compensation, |
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including: |
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(A) a statement that: |
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(i) a law enforcement agency will pay for |
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the forensic portion of an examination requested by the agency |
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under Article 56.06, Code of Criminal Procedure, and for the |
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evidence collection kit; or |
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(ii) the Department of Public Safety will |
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pay the appropriate fees for the forensic portion of an examination |
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conducted under Article 56.065, Code of Criminal Procedure, and for |
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the evidence collection kit; and |
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(B) reimbursement information for the medical |
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portion of the examination; |
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(5) an explanation that consent for the forensic |
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medical examination may be withdrawn at any time during the |
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examination; |
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(6) the name and telephone number of sexual assault |
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crisis centers statewide; [and] |
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(7) information regarding postexposure prophylaxis |
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for HIV infection; |
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(8) information regarding the length of time |
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biological evidence collected from the forensic medical |
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examination will be retained and preserved under Article 38.43, |
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Code of Criminal Procedure; and |
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(9) a statement that the survivor has the right to |
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access a shower for free after the forensic medical examination or |
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after the survivor declines the examination, as applicable, if |
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shower facilities are available at the health care facility. |
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SECTION 7. Section 30.022, Civil Practice and Remedies |
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Code, and Article 38.076, Code of Criminal Procedure, as added by |
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this Act, apply to a civil or criminal proceeding that commences on |
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or after the effective date of this Act. A civil or criminal |
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proceeding that commences before the effective date of this Act is |
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governed by the law in effect on the date the proceeding commenced, |
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and the former law is continued in effect for that purpose. |
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SECTION 8. Article 38.435, Code of Criminal Procedure, and |
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Section 323.004(b)(8), Health and Safety Code, as added by this |
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Act, apply to a forensic medical examination that occurs on or after |
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the effective date of this Act. A forensic medical examination that |
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occurs before that date is governed by the law in effect on the date |
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the examination occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 9. Article 56.021, Code of Criminal Procedure, as |
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amended by this Act, and Article 56.025, Code of Criminal |
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Procedure, as added by this Act, apply only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2019. |