By: Neave, et al. (Senate Sponsor - Paxton) H.B. No. 2462
         (In the Senate - Received from the House April 8, 2021;
  April 12, 2021, read first time and referred to Committee on
  Criminal Justice; May 21, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  May 21, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2462 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the reporting of a sexual assault and to the collection
  and submission of evidence with respect to that offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 56A.052(a), Code of Criminal Procedure,
  is amended to conform to Section 2, Chapter 1037 (H.B. 616), Acts of
  the 86th Legislature, Regular Session, 2019, and is further amended
  to read as follows:
         (a)  If the offense is a sexual assault, a victim, guardian
  of a victim, or close relative of a deceased victim is entitled to
  the following rights within the criminal justice system:
               (1)  if requested, the right to a disclosure of
  information regarding:
                     (A)  any evidence that was collected during the
  investigation of the offense, unless disclosing the information
  would interfere with the investigation or prosecution of the
  offense, in which event the victim, guardian, or relative shall be
  informed of the estimated date on which that information is
  expected to be disclosed; and
                     (B)  the status of any analysis being performed of
  any evidence described by Paragraph (A);
               (2)  if requested, the right to be notified:
                     (A)  at the time a request is submitted to a crime
  laboratory to process and analyze any evidence that was collected
  during the investigation of the offense;
                     (B)  at the time of the submission of a request to
  compare any biological evidence collected during the investigation
  of the offense with DNA profiles maintained in a state or federal
  DNA database; and
                     (C)  of the results of the comparison described by
  Paragraph (B), unless disclosing the results would interfere with
  the investigation or prosecution of the offense, in which event the
  victim, guardian, or relative shall be informed of the estimated
  date on which those results are expected to be disclosed;
               (3)  if requested, the right to counseling regarding
  acquired immune deficiency syndrome (AIDS) and human
  immunodeficiency virus (HIV) infection; and
               (4)  for the victim, the right to:
                     (A)  testing for acquired immune deficiency
  syndrome (AIDS), human immunodeficiency virus (HIV) infection,
  antibodies to HIV, or infection with any other probable causative
  agent of AIDS; and
                     (B)  a forensic medical examination to the extent
  provided by Subchapters F and G if, within 120 [96] hours of the
  offense:
                           (i)  the offense is reported to a law
  enforcement agency; or
                           (ii)  a forensic medical examination is
  otherwise conducted at a health care provider [facility].
         SECTION 2.  Subchapter F, Chapter 56A, Code of Criminal
  Procedure, is amended to conform to Section 3, Chapter 1037 (H.B.
  616), Acts of the 86th Legislature, Regular Session, 2019, by
  adding Article 56A.2505 and further amending that article to read
  as follows:
         Art. 56A.2505.  APPLICABILITY. This subchapter applies to
  health care providers described by Article 56A.302.
         SECTION 3.  Subchapter F, Chapter 56A, Code of Criminal
  Procedure, is amended by adding Article 56A.2506 to read as
  follows:
         Art. 56A.2506.  DEFINITION. In this subchapter, "reported
  sexual assault" means a sexual assault that has been reported to a
  law enforcement agency.
         SECTION 4.  Article 56A.251, Code of Criminal Procedure, is
  amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of
  the 86th Legislature, Regular Session, 2019, and is further amended
  to read as follows:
         Art. 56A.251.  REQUEST FOR FORENSIC MEDICAL EXAMINATION.
  (a)  If [Except as provided by Subsection (b), if] a sexual assault
  is reported to a law enforcement agency within 120 [96] hours after
  the assault, the law enforcement agency, with the consent of the
  victim of the reported [alleged] assault, a person authorized to
  act on behalf of the victim, or an employee of the Department of
  Family and Protective Services, shall request a forensic medical
  examination of the victim for use in the investigation or
  prosecution of the offense.
         (b)  If a sexual assault is not reported within the period
  described by Subsection (a) and the victim is a minor as defined by
  Section 101.003, Family Code, on receiving the consent described by
  Subsection (a) or the consent described by Section 32.003 or
  32.005, Family Code, a law enforcement agency shall request a
  forensic medical examination of the victim for use in the
  investigation or prosecution of the offense [A law enforcement
  agency may decline to request a forensic medical examination under
  Subsection (a) only if:
               [(1)  the person reporting the sexual assault has made
  one or more false reports of sexual assault to any law enforcement
  agency; and
               [(2)  there is no other evidence to corroborate the
  current allegations of sexual assault].
         (c)  If a sexual assault is not reported within the period
  described by Subsection (a) and the victim is not a minor as defined
  by Section 101.003, Family Code, on receiving the consent described
  by Subsection (a), [that subsection] a law enforcement agency may
  request a forensic medical examination of a victim of a reported [an
  alleged] sexual assault for use in the investigation or prosecution
  of the offense if:
               (1)  based on the circumstances of the reported
  assault, the agency believes a forensic medical examination would
  further that investigation or prosecution; or
               (2)  after a medical evaluation by a physician, sexual
  assault examiner, or sexual assault nurse examiner, the physician
  or examiner notifies the agency that a forensic medical examination
  should be conducted [as considered appropriate by the agency].
         (d)  If a sexual assault is reported to a law enforcement
  agency as provided by Subsection (a), (b), or (c), the law
  enforcement agency shall document, in the form and manner required
  by the attorney general, whether the agency requested a forensic
  medical examination.  The law enforcement agency shall:
               (1)  provide the documentation of the agency's decision
  regarding a request for a forensic medical examination to:
                     (A)  the health care provider and the physician,
  sexual assault examiner, or sexual assault nurse examiner, as
  applicable, who provides services to the victim that are related to
  the sexual assault; and
                     (B)  the victim or the person who consented to the
  forensic medical examination on behalf of the victim; and
               (2)  maintain the documentation of the agency's
  decision in accordance with the agency's record retention policies.
         SECTION 5.  Article 56A.252, Code of Criminal Procedure, is
  amended to conform to Sections 3 and 8, Chapter 1037 (H.B. 616),
  Acts of the 86th Legislature, Regular Session, 2019, and is further
  amended to read as follows:
         Art. 56A.252.  PAYMENT OF COSTS OF EXAMINATION. (a) [A law
  enforcement agency that requests a forensic medical examination
  under Article 56A.251 shall pay all costs of the examination.]  On
  application to the attorney general, a health care provider that
  provides a forensic medical examination to a sexual assault
  survivor in accordance with this subchapter, or the [law
  enforcement agency is entitled to be reimbursed for the reasonable
  costs of the examination if the examination was performed by a
  physician or by a] sexual assault examiner or sexual assault nurse
  examiner who conducts that examination, as applicable, is entitled
  to be reimbursed in an amount set by attorney general rule for:
               (1)  the reasonable costs of the forensic portion of
  that examination; and
               (2)  the evidence collection kit [defined by Section
  420.003, Government Code].
         (b)  The application under Subsection (a) must be in the form
  and manner prescribed by the attorney general and must include:
               (1)  the documentation that the law enforcement agency
  requested the forensic medical examination, as required under
  Article 56A.251(d); and
               (2)  a complete and itemized bill of the reasonable
  costs of the forensic portion of the examination.
         (c)  A health care provider or a sexual assault examiner or
  sexual assault nurse examiner, as applicable, who applies for
  reimbursement under Subsection (a) shall accept reimbursement from
  the attorney general as payment for the costs unless:
               (1)  the health care provider or the sexual assault
  examiner or sexual assault nurse examiner, as applicable:
                     (A)  requests, in writing, additional
  reimbursement from the attorney general; and
                     (B)  provides documentation in support of the
  additional reimbursement, as reasonably requested by the attorney
  general; and
               (2)  the attorney general determines that there is a
  reasonable justification for additional reimbursement.
         (d)  A health care provider is not entitled to reimbursement
  under this article unless the forensic medical examination was
  conducted by a physician, sexual assault examiner, or sexual
  assault nurse examiner.
         (e)  On request, the attorney general may provide training to
  a health care provider regarding the process for applying for
  reimbursement under this article.
         SECTION 6.  Article 56A.302, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 56A.302.  APPLICABILITY. This subchapter applies to
  the following health care providers [facilities] that provide
  diagnosis or treatment services to victims of sexual assault:
               (1)  a general or special hospital licensed under
  Chapter 241, Health and Safety Code;
               (2)  a general or special hospital owned by this state;
               (3)  an outpatient clinic; and
               (4)  a private physician's office.
         SECTION 7.  Article 56A.303, Code of Criminal Procedure, is
  amended to conform to Section 4, Chapter 1037 (H.B. 616), Acts of
  the 86th Legislature, Regular Session, 2019, and is further amended
  to read as follows:
         Art. 56A.303.  FORENSIC MEDICAL EXAMINATION. (a)  In
  accordance with Subchapter B, Chapter 420, Government Code, and
  except as provided by Subsection (b), a health care provider
  [facility] shall conduct a forensic medical examination of a victim
  of a [an alleged] sexual assault if:
               (1)  the victim arrives at the provider [facility]
  within 120 [96] hours after the assault occurred;
               (2)  the victim consents to the examination; and
               (3)  at the time of the examination the victim has not
  reported the assault to a law enforcement agency.
         (b)  If a health care provider [facility] does not provide
  diagnosis or treatment services to victims of sexual assault, the
  provider [facility] shall refer a victim of a [an alleged] sexual
  assault who seeks a forensic medical examination under Subsection
  (a) to a health care provider [facility] that provides services to
  those victims.
         (c)  A victim of a [an alleged] sexual assault may not be
  required to participate in the investigation or prosecution of an
  offense as a condition of receiving a forensic medical examination
  under this article.
         SECTION 8.  Article 56A.304, Code of Criminal Procedure, is
  amended to conform to Sections 4 and 8, Chapter 1037 (H.B. 616),
  Acts of the 86th Legislature, Regular Session, 2019, and is further
  amended to read as follows:
         Art. 56A.304.  PAYMENT OF FEES RELATED TO EXAMINATION. (a)  
  On application to the [The department shall pay the appropriate
  fees, as set by] attorney general [rule], a health care provider
  that provides [for the forensic portion of] a forensic medical
  examination to a sexual assault survivor in accordance with this
  subchapter, or the [conducted under Article 56A.303(a) and for the
  evidence collection kit if a physician,] sexual assault examiner
  [,] or sexual assault nurse examiner who conducts that [the
  forensic portion of the] examination, as applicable, within 120
  [96] hours after the [alleged] sexual assault occurred is entitled
  to be reimbursed in an amount set by attorney general rule for:
               (1)  the reasonable costs of the forensic portion of
  that examination; and
               (2)  the evidence collection kit.
         (b)  The application under Subsection (a) must be in the form
  and manner prescribed by the attorney general and must include:
               (1)  certification that the examination was conducted
  in accordance with the requirements of Article 56A.303(a); and
               (2)  a complete and itemized bill of the reasonable
  costs of the forensic portion of the examination [attorney general
  shall reimburse the department for fees paid under Subsection (a)].
         (c)  A health care provider or a sexual assault examiner or
  sexual assault nurse examiner, as applicable, who applies for
  reimbursement under Subsection (a) shall accept reimbursement from
  the attorney general as payment for the costs unless:
               (1)  the health care provider or sexual assault
  examiner or sexual assault nurse examiner, as applicable:
                     (A)  requests, in writing, additional
  reimbursement from the attorney general; and
                     (B)  provides documentation in support of the
  additional reimbursement, as reasonably requested by the attorney
  general; and
               (2)  the attorney general determines that there is a
  reasonable justification for additional reimbursement.
         (d)  A health care provider is not entitled to reimbursement
  under this article unless the forensic medical examination was
  conducted at the provider by a physician, sexual assault examiner,
  or sexual assault nurse examiner.
         (e)  On request, the attorney general may provide training to
  a health care provider regarding the process for applying for
  reimbursement under this article.
         (f)  A victim of a [an alleged] sexual assault may not be
  required to pay for:
               (1)  the forensic portion of the forensic medical
  examination; or
               (2)  the evidence collection kit.
         SECTION 9.  Article 56A.307, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 56A.307.  PROCEDURES FOR SUBMISSION OR COLLECTION OF
  ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
  Government Code, may develop procedures regarding the submission or
  collection of additional evidence of a [an alleged] sexual assault
  other than through a forensic medical examination as described by
  Article 56A.303(a).
         SECTION 10.  Article 56B.453(d), Code of Criminal Procedure,
  is amended to conform to Section 5, Chapter 1037 (H.B. 616), Acts of
  the 86th Legislature, Regular Session, 2019, and is further amended
  to read as follows:
         (d)  The attorney general may use the fund to:
               (1)  reimburse a health care provider or a sexual
  assault examiner or sexual assault nurse examiner for certain costs
  of a forensic medical examination that are incurred by the provider
  or the examiner [law enforcement agency for the reasonable costs of
  a forensic medical examination that are incurred by the agency]
  under Subchapter F or G, Chapter 56A, as provided by those
  subchapters; and
               (2)  make a payment to or on behalf of an individual for
  the reasonable costs incurred for medical care provided under
  Subchapter F or G, Chapter 56A, in accordance with Section 323.004,
  Health and Safety Code.
         SECTION 11.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 12.  The change in law made by this Act applies only
  to a sexual assault reported on or after the effective date of this
  Act.  A sexual assault reported before the effective date of this
  Act is governed by the law in effect on the date the sexual assault
  was reported, and the former law is continued in effect for that
  purpose.
         SECTION 13.  This Act takes effect September 1, 2021.
 
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