BILL ANALYSIS

C.S.H.B. 2322

By: Zwiener

Public Health

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The information form that health care facilities that are not SAFE-ready facilities are required to give to sexual assault survivors contains an inaccurate statement. It suggests that if a sexual assault survivor chooses to make a report to law enforcement, law enforcement must first authorize the forensic examination. This is not the case, and it may have the unintended consequences of discouraging sexual assault survivors from obtaining a forensic examination if they believe law enforcement must first authorize it. Additionally, it may delay care if a provider believes prior authorization from law enforcement is needed before conducting the exam. Removing this statement from the information form will allow for accurate information to be conveyed to the patient and health care provider. C.S.H.B. 2322 seeks to remove the inaccurate statement in the law.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2322 amends the Health and Safety Code to remove the requirement for the standard information form for sexual assault survivors who arrive at a health care facility that is not a SAFE-ready facility to include a statement regarding an initial forensic medical examination of the survivor that informs the survivor that if they make a report to law enforcement, law enforcement must first authorize the examination.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2322 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced removed the requirement for the form to include a statement that reads "A report to law enforcement is not required, but if you make a report, law enforcement must first authorize the examination," the substitute only removes the requirement for the form to include the portion of that statement saying, "but if you make a report, law enforcement must first authorize the examination."