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A BILL TO BE ENTITLED
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AN ACT
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relating to the forensic medical examination of a victim of sexual |
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assault who is a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56A.251, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (c) and adding Subsections |
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(c-1) and (c-2) and is further amended to conform to Section 3, |
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Chapter 1037 (H.B. 616), Acts of the 86th Legislature, Regular |
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Session, 2019, to read as follows: |
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(a) Except as provided by Subsection (b), if a sexual |
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assault of a person other than a minor is reported to a law |
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enforcement agency within 120 [96] hours after the assault, the law |
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enforcement agency, with the consent of the victim of the alleged |
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assault, a person authorized to act on behalf of the victim, or an |
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employee of the Department of Family and Protective Services, shall |
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request a forensic medical examination of the victim for use in the |
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investigation or prosecution of the offense. |
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(c) If a sexual assault of a person other than a minor is not |
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reported within the period described by Subsection (a), on |
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receiving the consent described by that subsection a law |
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enforcement agency may request a forensic medical examination of a |
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victim of an alleged sexual assault as considered appropriate by |
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the agency. |
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(c-1) In this article, "minor" has the meaning assigned by |
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Section 101.003, Family Code. |
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(c-2) If the sexual assault of a minor is reported at any |
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time after the assault, on receiving the consent of the minor's |
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parent or guardian, an employee of the Department of Family and |
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Protective Services, or other person with the power to consent to |
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the medical treatment of the minor, as applicable, a law |
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enforcement agency shall request a forensic medical examination of |
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the minor. A law enforcement agency may not decline to request a |
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forensic medical examination under this subsection. |
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SECTION 2. The change in law made by this Act applies only |
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to the report of a sexual assault that is made to a law enforcement |
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agency on or after the effective date of this Act. The report of a |
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sexual assault that is made to a law enforcement agency before the |
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effective date of this Act is governed by the law in effect when the |
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report was made, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect September 1, 2021. |