S.B. No. 1401

AN ACT

relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 38.435, Code of Criminal Procedure, is amended 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 2. Article 56A.051(a), Code of Criminal Procedure, is amended to read as follows:

(a) 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) the right to receive from a law enforcement agency adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;

(2) the right to have the magistrate consider the safety of the victim or the victim's family in setting the amount of bail for the defendant;

(3) if requested, the right to be informed:

(A) by the attorney representing the state of relevant court proceedings, including appellate proceedings, and to be informed if those proceedings have been canceled or rescheduled before the event; and

(B) by an appellate court of the court's decisions, after the decisions are entered but before the decisions are made public;

(4) when requested, the right to be informed:

(A) by a peace officer concerning the defendant's right to bail and the procedures in criminal investigations; and

(B) by the office of the attorney representing the state concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements, restitution, and the appeals and parole process;

(5) the right to provide pertinent information to a community supervision and corrections department conducting a presentencing investigation concerning the impact of the offense on the victim and the victim's family by testimony, written statement, or any other manner before any sentencing of the defendant;

(6) the right to receive information:

(A) regarding compensation to victims of crime as provided by Chapter 56B, including information related to the costs that may be compensated under that chapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that chapter;

(B) for a victim of a sexual assault, regarding the payment under Subchapter G for a forensic medical examination; [under Article 56A.252 for a victim of an alleged sexual assault,] and

(C) when requested, providing a [to] referral to available social service agencies that may offer additional assistance;

(7) the right to:

(A) be informed, on request, of parole procedures;

(B) participate in the parole process;

(C) provide to the board for inclusion in the defendant's file information to be considered by the board before the parole of any defendant convicted of any offense subject to this chapter; and

(D) be notified, if requested, of parole proceedings concerning a defendant in the victim's case and of the defendant's release;

(8) the right to be provided with a waiting area, separate or secure from other witnesses, including the defendant and relatives of the defendant, before testifying in any proceeding concerning the defendant; if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the defendant and the defendant's relatives and witnesses, before and during court proceedings;

(9) the right to the prompt return of any of the victim's property that is held by a law enforcement agency or the attorney representing the state as evidence when the property is no longer required for that purpose;

(10) the right to have the attorney representing the state notify the victim's employer, if requested, that the victim's cooperation and testimony is necessary in a proceeding that may require the victim to be absent from work for good cause;

(11) the right to request victim-offender mediation coordinated by the victim services division of the department;

(12) the right to be informed of the uses of a victim impact statement and the statement's purpose in the criminal justice system as described by Subchapter D, to complete the victim impact statement, and to have the victim impact statement considered:

(A) by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted; and

(B) by the board before a defendant is released on parole;

(13) for a victim of an assault or sexual assault who is younger than 17 years of age or whose case involves family violence, as defined by Section 71.004, Family Code, the right to have the court consider the impact on the victim of a continuance requested by the defendant; if requested by the attorney representing the state or by the defendant's attorney, the court shall state on the record the reason for granting or denying the continuance; and

(14) if the offense is a capital felony, the right to:

(A) receive by mail from the court a written explanation of defense-initiated victim outreach if the court has authorized expenditures for a defense-initiated victim outreach specialist;

(B) not be contacted by the victim outreach specialist unless the victim, guardian, or relative has consented to the contact by providing a written notice to the court; and

(C) designate a victim service provider to receive all communications from a victim outreach specialist acting on behalf of any person.

SECTION 3. Article 56A.052(a), Code of Criminal Procedure, is 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 as [to the extent] provided by Subchapter [Subchapters F and] G [if, within 120 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].

SECTION 4. The heading to Subchapter G, Chapter 56A, Code of Criminal Procedure, is amended to read as follows:

SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT

VICTIM [NOT REPORTING ASSAULT]

SECTION 5. Article 56A.303, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (b-1) to read as follows:

(a) In accordance with Subchapter B, Chapter 420, Government Code, and except as provided by Subsection (b), a health care provider shall conduct a forensic medical examination of:

(1) a victim of a sexual assault who is a minor as defined by Section 101.003, Family Code, regardless of when the victim arrives at the provider, if the victim, a person authorized to act on behalf of the victim, or an employee of the Department of Family and Protective Services consents to the examination, or if consent is provided as described by Section 32.003 or 32.005, Family Code; and

(2) a victim of a sexual assault who is not a minor, if:

(A) [(1)] the victim arrives at the provider:

(i) within 120 hours after the assault occurred; or

(ii) later than 120 hours after the assault occurred, and the victim is:

(a) referred for a forensic medical examination by a law enforcement agency under Subsection (b-1); or

(b) referred for a forensic medical examination by a physician, sexual assault examiner, or sexual assault nurse examiner who has conducted a preliminary medical evaluation and determined that a forensic medical examination should be conducted; and

(B) the victim, a person authorized to act on behalf of the victim, or an employee of the Department of Family and Protective Services consents to the examination

[(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-1) A law enforcement agency shall refer a victim of a sexual assault for a forensic medical examination, to be conducted in accordance with Subsection (a), if a sexual assault is reported to a law enforcement agency within 120 hours after the assault or, if the victim is a minor as defined by Section 101.003, Family Code, regardless of when the sexual assault is reported. A law enforcement agency may make the same referral with respect to any victim of a sexual assault who is not a minor and who does not report the sexual assault within the 120-hour period required by this subsection if the agency believes that a forensic medical examination may further a sexual assault investigation or prosecution.

SECTION 6. Articles 56A.304(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) On application to the attorney general and subject to Article 56A.305(e), a health care provider that provides a forensic medical examination to a sexual assault survivor in accordance with this subchapter, or the sexual assault examiner or sexual assault nurse examiner who conducts that examination in accordance with this subchapter, as applicable, [within 120 hours after the 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; and

(3) the reasonable costs of other medical care provided to the victim during the forensic medical examination in accordance with Subchapters A and B, Chapter 323, Health and Safety Code.

(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 and any additional medical care described by Subsection (a)(3).

SECTION 7. Subchapter G, Chapter 56A, Code of Criminal Procedure, is amended by adding Article 56A.3045 to read as follows:

Art. 56A.3045. PAYMENT OF COSTS RELATED TO TESTIMONY. A law enforcement agency or an office of the attorney representing the state may pay any costs related to the testimony of a licensed health care professional in a criminal proceeding regarding the results of a forensic medical examination described by Article 56A.303 or the manner in which the examination was performed.

SECTION 8. Article 56A.305, Code of Criminal Procedure, is amended to read as follows:

Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE. (a) The attorney general shall [may] make a payment to a victim of a sexual assault or on behalf of a victim of a sexual assault [an individual] for the reasonable costs incurred for medical care that is provided to the victim as described by Article 56A.304(a) [in accordance with Sections 323.004, 323.053, and 323.054, Health and Safety Code].

(b) The attorney general shall make a payment under Subsection (a) in accordance with the medical fee guidelines prescribed by Subtitle A, Title 5, Labor Code. A payment made under Subsection (a) may not exceed $25,000.

(c) Neither the attorney general nor a victim of a sexual assault is liable for costs incurred for medical care that:

(1) exceed the medical fee guidelines described by Subsection (b); or

(2) is not medically necessary.

(d) The Health and Human Services Commission may contract with a third-party vendor or other entity to provide health care providers access to prescription drugs for purposes of medical care described by Subsection (a).

(e) The attorney general may deny or reduce a payment under Subsection (a) to the extent that the amount otherwise proposed for reimbursement is recouped from a collateral source.

SECTION 9. Article 56A.306, Code of Criminal Procedure, is amended by amending Subsections (a), (b), and (c) and adding Subsection (a-1) to read as follows:

(a) The department, consistent with Chapter 420, Government Code, shall develop procedures for the transfer and preservation of evidence collected during a forensic medical examination for a sexual assault that was not reported to a law enforcement agency, including procedures for:

(1) the transfer of the evidence [collected under this subchapter] to a crime laboratory or other suitable location designated by the public safety director of the department;

(2) the preservation of the evidence by the entity receiving the evidence; and

(3) the notification of the victim of the offense through the statewide electronic tracking system before a planned destruction of evidence under this article.

(a-1) The transfer and preservation of evidence collected during a forensic medical examination for a reported sexual assault must comply with the procedures under Sections 420.035(b) and (c) and 420.042(a), Government Code.

(b) Subject to Subsection (c), an entity receiving evidence collected during a forensic medical examination as described by this subchapter [described by Subsection (a)] shall preserve the evidence until the earlier of:

(1) the fifth anniversary of the date on which the evidence was collected; or

(2) the date on which written consent to release the evidence is obtained as provided by Section 420.0735, Government Code.

(c) An entity receiving evidence collected during a forensic medical examination as described by this subchapter [described by Subsection (a)] may destroy the evidence on the expiration of the entity's duty to preserve the evidence under Subsection (b)(1) only if notice of the planned destruction is entered into the statewide electronic tracking system and an [:

[(1) the entity provides written notification to the victim of the offense, in a trauma-informed manner, of the decision to destroy the evidence that includes:

[(A) detailed instructions on how the victim may make a written objection to the decision, including contact information for the entity; or

[(B) a standard form for the victim to complete and return to the entity to make a written objection to the decision; and

[(2) a written] objection is not received by the entity from the victim before the 91st day after the date on which the entity entered the notice [notifies the victim] of the planned destruction of the evidence into the tracking system.

SECTION 10. 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 sexual assault other than through a forensic medical examination as described by Article 56A.303 [56A.303(a)].

SECTION 11. Article 56A.308(b), Code of Criminal Procedure, is amended to read as follows:

(b) A communication or record is confidential for purposes of Section 552.101, Government Code, if the communication or record:

(1) contains identifying information regarding a victim who receives a forensic medical examination under Article 56A.303 [56A.303(a)]; and

(2) is created by, provided to, or in the control or possession of the department.

SECTION 12. Article 56A.401, Code of Criminal Procedure, is amended to read as follows:

Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial contact or at the earliest possible time after the initial contact between a victim of a reported offense and the law enforcement agency having the responsibility for investigating the offense, the agency shall provide the victim a written notice containing:

(1) information about the availability of emergency and medical services, if applicable;

(2) information about the rights of crime victims under Subchapter B;

(3) notice that the victim has the right to receive information:

(A) regarding compensation to victims of crime as provided by Chapter 56B, including information relating to [about:

[(A)] the costs that may be compensated under that chapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that chapter;

(B) for a victim of a sexual assault, regarding the payment under Subchapter G for a forensic medical examination [under Article 56A.252 for a victim of an alleged sexual assault]; and

(C) providing a referral to available social service agencies that may offer additional assistance;

(4) the name, address, and phone number of the law enforcement agency's crime victim liaison;

(5) the name, address, and phone number of the victim assistance coordinator of the office of the attorney representing the state; and

(6) the following statement:

"You may call the law enforcement agency's telephone number for the status of the case and information about victims' rights."

SECTION 13. Article 56A.451(a), Code of Criminal Procedure, is amended to read as follows:

(a) Not later than the 10th day after the date that an indictment or information is returned against a defendant for an offense, the attorney representing the state shall give to each victim of the offense a written notice containing:

(1) the case number and assigned court for the case;

(2) a brief general statement of each procedural stage in the processing of a criminal case, including bail, plea bargaining, parole restitution, and appeal;

(3) suggested steps the victim may take if the victim is subjected to threats or intimidation;

(4) the name, address, and phone number of the local victim assistance coordinator; and

(5) notification of:

(A) the rights and procedures under this chapter, Chapter 56B, and Subchapter B, Chapter 58;

(B) the right to file a victim impact statement with the office of the attorney representing the state and the department;

(C) the right to receive information:

(i) regarding compensation to victims of crime as provided by Chapter 56B, including information relating to [about:

[(i)] the costs that may be compensated under that chapter, eligibility for compensation, and procedures for application for compensation under that chapter;

(ii) for a victim of a sexual assault, regarding the payment under Subchapter G for a forensic medical examination [under Article 56A.252 for a victim of an alleged sexual assault]; and

(iii) providing a referral to available social service agencies that may offer additional assistance; and

(D) the right of a victim, guardian of a victim, or close relative of a deceased victim, as defined by Section 508.117, Government Code, to appear in person before a member of the board as provided by Section 508.153, Government Code.

SECTION 14. Article 56B.107, Code of Criminal Procedure, is amended by adding Subsection (d) to read as follows:

(d) For purposes of Subsection (a)(1), a victim receiving a forensic medical examination constitutes sufficient evidence that a victim has substantially cooperated with an investigation of a sexual assault or other sex offense.

SECTION 15. Article 56B.453(d), Code of Criminal Procedure, is 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 under Subchapter [F or] G, Chapter 56A[, as provided by those subchapters]; and

(2) make a payment to or on behalf of a victim of a sexual assault [an individual] for the reasonable costs incurred for medical care provided under Subchapter [F or] G, Chapter 56A, as described by Article 56A.305 [in accordance with Section 323.004, Health and Safety Code].

SECTION 16. Section 57.002(a), Family Code, is amended to read as follows:

(a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the juvenile justice system:

(1) the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;

(2) the right to have the court or person appointed by the court take the safety of the victim or the victim's family into consideration as an element in determining whether the child should be detained before the child's conduct is adjudicated;

(3) the right, if requested, to be informed of relevant court proceedings, including appellate proceedings, and to be informed in a timely manner if those court proceedings have been canceled or rescheduled;

(4) the right to be informed, when requested, by the court or a person appointed by the court concerning the procedures in the juvenile justice system, including general procedures relating to:

(A) the preliminary investigation and deferred prosecution of a case; and

(B) the appeal of the case;

(5) the right to provide pertinent information to a juvenile court conducting a disposition hearing concerning the impact of the offense on the victim and the victim's family by testimony, written statement, or any other manner before the court renders its disposition;

(6) the right to receive information:

(A) regarding compensation to victims as provided by Chapter 56B, Code of Criminal Procedure, including information relating [related] to the costs that may be compensated under that chapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that chapter;

(B) for a victim of a sexual assault, regarding the payment under Subchapter G, Chapter 56A, Code of Criminal Procedure, for a forensic medical examination; [of medical expenses under Subchapter F, Chapter 56A, Code of Criminal Procedure, for a victim of a sexual assault,] and

(C) when requested, providing a [to] referral to available social service agencies that may offer additional assistance;

(7) the right to be informed, upon request, of procedures for release under supervision or transfer of the person to the custody of the Texas Department of Criminal Justice for parole, to participate in the release or transfer for parole process, to be notified, if requested, of the person's release, escape, or transfer for parole proceedings concerning the person, to provide to the Texas Juvenile Justice Department for inclusion in the person's file information to be considered by the department before the release under supervision or transfer for parole of the person, and to be notified, if requested, of the person's release or transfer for parole;

(8) the right to be provided with a waiting area, separate or secure from other witnesses, including the child alleged to have committed the conduct and relatives of the child, before testifying in any proceeding concerning the child, or, if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the child and the child's relatives and witnesses, before and during court proceedings;

(9) the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose;

(10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause;

(11) the right to be present at all public court proceedings related to the conduct of the child as provided by Section 54.08, subject to that section; and

(12) any other right appropriate to the victim that a victim of criminal conduct has under Subchapter B, Chapter 56A, Code of Criminal Procedure.

SECTION 17. Section 501.174, Government Code, is amended to read as follows:

Sec. 501.174. DEPARTMENT TO ADOPT POLICY. The department shall adopt a policy providing for:

(1) a designated administrator at each correctional facility to post information throughout the facility describing how an inmate may confidentially contact the ombudsperson regarding a sexual assault;

(2) an inmate to write a confidential letter to the ombudsperson regarding a sexual assault;

(3) employees at correctional facilities, on notification of the occurrence of a sexual assault, to immediately:

(A) contact the ombudsperson and the office of the inspector general; and

(B) ensure that the alleged victim is safe;

(4) the office of the inspector general, at the time the office is notified of the sexual assault, to arrange for a medical examination of the alleged victim to be conducted in accordance with Subchapter G [F], Chapter 56A, Code of Criminal Procedure, or, if an appropriate employee of the office of the inspector general is not available at the time the office is notified of the sexual assault, a qualified employee at the correctional facility to conduct a medical examination of the alleged victim in accordance with that subchapter;

(5) a grievance proceeding under Section 501.008 based on an alleged sexual assault to be exempt from any deadline applicable to grievances initiated under that section; and

(6) each correctional facility to collect statistics on all alleged sexual assaults against inmates confined in the facility and to report the statistics to the ombudsperson.

SECTION 18. Section 241.1031(a), Health and Safety Code, is amended to read as follows:

(a) A hospital may not destroy a medical record from the forensic medical examination of a sexual assault victim conducted under Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure, until the 20th anniversary of the date the record was created.

SECTION 19. Section 323.004(b), Health and Safety Code, is amended to read as follows:

(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, and [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;

(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).

SECTION 20. Section 323.005(a), Health and Safety Code, is amended to read as follows:

(a) The commission shall develop a standard information form for sexual assault survivors that must include:

(1) a detailed explanation of the forensic medical examination required to be provided by law, including a statement that photographs may be taken of the genitalia;

(2) information regarding treatment of sexually transmitted infections and pregnancy, including:

(A) generally accepted medical procedures;

(B) appropriate medications; and

(C) any contraindications of the medications prescribed for treating sexually transmitted infections and preventing pregnancy;

(3) information regarding drug-facilitated sexual assault, including the necessity for an immediate urine test for sexual assault survivors who may have been involuntarily drugged;

(4) information regarding crime victims compensation and regarding the payment of costs and the reimbursements available for care to be provided as described by Subchapter G, Chapter 56A, Code of Criminal Procedure[, including:

[(A) a statement that public agencies are responsible for paying for the forensic portion of an examination conducted under Subchapter F or G, Chapter 56A, Code of Criminal Procedure, and for the evidence collection kit used in connection with the examination and that the health care facility or provider, as applicable, is responsible for seeking reimbursement for those costs; and

[(B) information regarding the reimbursement of the survivor for the medical portion of the examination];

(5) an explanation that consent for the forensic medical examination may be withdrawn at any time during the examination;

(6) the name and telephone number of sexual assault crisis centers statewide;

(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.

SECTION 21. Section 323.0051(a), Health and Safety Code, is amended to read as follows:

(a) The commission shall develop a standard information form for sexual assault survivors who arrive at a health care facility that is not a SAFE-ready facility. The information form must include:

(1) information regarding the benefits of a forensic medical examination conducted by a sexual assault forensic examiner;

(2) the Internet website address to the commission's list of SAFE-ready facilities that includes the facilities' physical addresses as required by Section 323.008;

(3) the following statements:

(A) "As a survivor of sexual assault, you have the right to receive a forensic medical examination for sexual assault at this hospital emergency room if you are requesting the examination not later than 120 hours after the assault. For parents or guardians of a minor child, your child has the right to receive the forensic medical examination at any time, regardless of when the assault occurred."; and

(B) ["A report to law enforcement is not required, but if you make a report, law enforcement must first authorize the examination."; and

[(C)] "Call 1-800-656-HOPE to be connected to a sexual assault [rape] crisis center for free and confidential assistance."; and

(4) information on the procedure for submitting a complaint against the health care facility.

SECTION 22. Section 323.0052(a), Health and Safety Code, is amended to read as follows:

(a) The commission shall develop a standard information form that, as described by Subsection (b), is to be provided to sexual assault survivors who have not given signed, written consent to a health care facility to release the evidence as provided by Section 420.0735, Government Code. The form must include the following information:

(1) the Department of Public Safety's policy regarding storage of evidence of a sexual assault or other sex offense that is collected under Subchapter G, Chapter 56A, Code of Criminal Procedure, including:

(A) a statement that the evidence will be stored until the fifth anniversary of the date on which the evidence was collected before the evidence becomes eligible for destruction; and

(B) the department's procedures regarding the notification of the survivor through the statewide electronic tracking system before a planned destruction of the evidence;

(2) a statement that the survivor may request the release of the evidence to a law enforcement agency and report a sexual assault or other sex offense to the agency at any time;

(3) the name, phone number, and e-mail address of the law enforcement agency with jurisdiction over the offense; and

(4) the name and phone number of a local sexual assault [rape] crisis center.

SECTION 23. Sections 323.054(a), (c), and (d), Health and Safety Code, are amended to read as follows:

(a) A SAFE program shall provide to a sexual assault survivor under the care of the program a forensic medical examination in accordance with Subchapter B, Chapter 420, Government Code, and [if the examination has been requested by a law enforcement agency under Subchapter F, Chapter 56A, Code of Criminal Procedure, or if the examination is performed in accordance with] Subchapter G, Chapter 56A, Code of Criminal Procedure.

(c) A sexual assault examiner or sexual assault nurse examiner employed by or under contract with a SAFE program must obtain the [a sexual assault survivor's informed, written] consent described by Article 56A.303, Code of Criminal Procedure, before performing a forensic medical examination or providing medical treatment to the survivor.

(d) A sexual assault survivor who receives a forensic medical examination from a sexual assault examiner or sexual assault nurse examiner employed by or under contract with a SAFE program may not be required to:

(1) participate in the investigation or prosecution of an offense as a prerequisite to receiving the forensic medical examination or medical treatment; or

(2) pay for any [the] costs described by Article 56A.304(a), Code of Criminal Procedure [of the forensic portion of the forensic medical examination or for the evidence collection kit].

SECTION 24. Section 153.003(b), Occupations Code, is amended to read as follows:

(b) The rules adopted under this section must prohibit a physician from destroying a medical record from the forensic medical examination of a sexual assault victim conducted under Subchapter [F or] G, Chapter 56A, Code of Criminal Procedure, until the 20th anniversary of the date the record was created.

SECTION 25. The following provisions of the Code of Criminal Procedure are repealed:

(1) Subchapter F, Chapter 56A; and

(2) Article 56A.306(d).

SECTION 26. (a) Except as provided by Subsection (b) of this section, the changes in law made by this Act to Chapters 56A and 56B, Code of Criminal Procedure, apply only to a sexual assault or other sex offense that is first reported or for which medical care is first sought on or after the effective date of this Act. A sexual assault or other sex offense that is first reported or for which medical care was first sought before the effective date of this Act is governed by the law in effect on the date the sexual assault was reported or the medical care was sought, and the former law is continued in effect for that purpose.

(b) Article 56A.306(c), Code of Criminal Procedure, as amended by this Act, applies only to evidence of a sexual assault or other sex offense collected during a forensic medical examination conducted on or after September 1, 2019.

SECTION 27. This Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 1401 passed the Senate on April 19, 2023, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendment on May 11, 2023, by the following vote: Yeas 30, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 1401 passed the House, with amendment, on May 5, 2023, by the following vote: Yeas 137, Nays 2, two present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor