Amend CSHB 2706 (house committee report) as follows:
(1) On page 13, line 8, strike "and (a-1)" and substitute ", (a-1), and (b)".
(2) On page 13, between lines 26 and 27, insert the following:
(b) A health care facility providing care to a sexual assault survivor shall provide the survivor with:
(1) subject to Subsection (b-1), a forensic medical examination in accordance with Subchapter B, Chapter 420, Government Code, if the examination has been requested by a law enforcement agency under Subchapter F, Chapter 56A, Code of Criminal Procedure, or is conducted under Subchapter G, Chapter 56A, Code of Criminal Procedure;
(2) a private area, if available, to wait or speak with the appropriate medical, legal, or sexual assault crisis center staff or volunteer until a physician, nurse, or physician assistant is able to treat the survivor;
(3) access to a sexual assault program advocate, if available, as provided by Subchapter H, Chapter 56A, Code of Criminal Procedure;
(4) the information form required by Section 323.005;
(5) a private treatment room, if available;
(6) if indicated by the history of contact, access to appropriate prophylaxis for exposure to sexually transmitted infections; [and]
(7) the name and telephone number of the nearest sexual assault crisis center; and
(8) if the health care facility has shower facilities, access to a shower at no cost to the survivor after the examination described by Subdivision (1).
(3) On page 15, strike lines 9-11 and substitute the following:
crisis centers statewide; [and]
(7) information regarding postexposure prophylaxis for HIV infection;
(8) information regarding the period for which biological evidence collected from the forensic medical examination will be retained and preserved under Article 38.43, Code of Criminal Procedure; and
(9) a statement that the survivor has the right to access a shower for free after the forensic medical examination, if shower facilities are available at the health care facility.
(4) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 38, Code of Criminal Procedure, is amended by adding Article 38.435 to read as follows:
Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT. Evidence collected during a forensic medical examination conducted under Subchapter F or G, Chapter 56A, may not be used to investigate or prosecute a misdemeanor offense, or an offense under Subchapter D, Chapter 481, Health and Safety Code, alleged to have been committed by the victim from whom the evidence was collected.
SECTION ____. Article 38.435, Code of Criminal Procedure, and Section 323.004(b)(8), Health and Safety Code, as added by this Act, apply to a forensic medical examination that occurs on or after the effective date of this Act. A forensic medical examination that occurs before that date is governed by the law in effect on the date the examination occurred, and the former law is continued in effect for that purpose.