BILL ANALYSIS

 

 

 

H.B. 47

By: Howard

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

During the 86th Regular Session, the Texas Legislature passed H.B. 1590, which established the Sexual Assault Survivors' Task Force within the governor's office, to lead a survivor-centered, collaborative, and coordinated response to sexual violence in Texas. The task force's November 2024 biennial report to the legislature made several recommendations to the 89th Texas Legislature, seeking to enhance safety measures for survivors in their homes, when using public transportation, in the court system, and in regard to their personal health. H.B. 47 is an omnibus bill that aims to codify these legislative recommendations by requiring courts to consider the impact on adult sexual assault survivors when a defendant seeks a continuance of their case, updating information sheets provided to sexual assault survivors, providing for additional medical care for these survivors after their forensic medical exam, providing for property lease termination for certain victims regardless of where the offense or attempted offense occurred, closing potentially dangerous loopholes in the rideshare industry, and promoting greater public awareness of Texas' response to sexual violence.

 

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 rulemaking authority is expressly granted to the Texas Medical Board in SECTION 25 of this bill and to the Texas Physician Assistant Board in SECTION 26 of this bill.

 

ANALYSIS

 

H.B. 47 amends the Code of Criminal Procedure to expand the applicability of "victim" to include a victim of sexual assault who is 17 years of age or older for purposes of the requirement for a court that considers a motion for continuance on the part of the defendant to also consider, on request by the state's attorney, the impact of the continuance on the victim and the requirement for the court, on request by the state's attorney or the defendant's counsel, to state on the record the reason for granting or denying the continuance.

 

H.B. 47 revises provisions relating to the rights of crime victims as follows:

·       entitles a victim of sexual assault to the right within the criminal justice system to receive, through the authorized forms of notification, information regarding the payment for any prescribed continuing medical care that is related to the sexual assault and provided to the victim during the 30-day period following that examination;

·       expands the applicability of "victim" to include a victim of sexual assault who is 17 years of age or older for purposes of the entitlement of a victim, victim's guardian, or close relative of a deceased victim to the right within the criminal justice system to have the court consider the impact on the victim of a continuance requested by the defendant;

·       entitles a victim of certain assaultive and sexual offenses or stalking to the right within the criminal justice system to any prescribed continuing medical care that is related to the sexual assault and provided to the victim during the 30-day period following a forensic medical examination; and

·       broadens the scope of the provision entitling a health care provider that provides a forensic medical examination to a sexual assault survivor in accordance with state law, or the sexual assault examiner or sexual assault nurse examiner who conducts that examination, to reimbursement in an amount set by attorney general rule for the reasonable costs of certain fees related to the examination by entitling the provider or examiner, as applicable, to receive reimbursement also for the reasonable costs of any prescribed continuing medical care that is related to the sexual assault and provided to the victim during the 30-day period following that examination, including medication and medical testing.

These provisions 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 bill's effective date. A sexual assault or other sex offense that is first reported or for which medical care was first sought before the bill's effective date 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.

 

H.B. 47 prohibits a person subject to registration under the sex offender registration program because of a reportable conviction or adjudication for which an affirmative finding of a sexually violent offense involving a victim or intended victim who was younger than 14 years of age at the time of the offense is entered from providing or offering to provide, for compensation, a digitally prearranged ride, defined by reference as a ride in a personal vehicle between points chosen by the passenger that is prearranged through a digital network.

 

H.B. 47 amends the Family Code to entitle a sexual assault victim, such a victim's guardian, or a close relative of such a deceased victim to the right within the juvenile justice system to receive information regarding the payment for any prescribed continuing medical care that is related to the sexual assault and provided to the victim during the 30-day period following that examination.

 

H.B. 47 amends the Government Code to increase the duration for which a sexual assault nurse examiner's certification under the Sexual Assault Prevention and Crisis Services Act is valid from two years from the date of issuance to three years from that date. This provision applies only to an application for renewal of a sexual assault nurse examiner certificate filed on or after the bill's effective date. An application for renewal of a certificate filed before the bill's effective date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.

 

H.B. 47 amends the Health and Safety Code to require a health care facility that has an emergency department to provide at least one hour of basic sexual assault response training to contractors who provide patient admission functions, patient-related administrative support functions, or direct patient care. A contractor who completes a continuing medical or nursing education course in forensic evidence collection described by the bill's provisions relating to continuing medical education requirements for physicians or by the Nursing Practice Act that is approved or recognized by the appropriate licensing board is considered to have completed basic sexual assault response training for purposes of these provisions.

 

H.B. 47 includes the names and contact information of legal aid services providers statewide among the required contents in the following standard information forms developed by the Health and Human Services Commission (HHSC):

·       the information form for sexual assault survivors;

·       the information form for sexual assault survivors who arrive at a health care facility that is not a sexual assault forensic exam (SAFE)-ready facility; and

·       the information form to be provided to sexual assault survivors who have not given signed, written consent to a health care facility to release the applicable evidence as provided by the Sexual Assault Prevention and Crisis Services Act.

The bill revises the minimum standards for SAFE programs by removing the requirement that a program orally communicate to a survivor information regarding crime victims compensation, as provided by the standard information form for sexual assault survivors.

 

H.B. 47 amends the Local Government Code to require the commissioners court of each county that receives a county adult sexual assault response team's requisite biennial report during the preceding year to submit the response team's report to the Sexual Assault Survivors' Task Force not later than February 1 of each even-numbered year. The bill establishes that failure to comply with this requirement and the biennial response team reporting requirement may be used to determine eligibility for receiving grant funds from the office of the governor or another state agency.

 

H.B. 47 amends the Occupations Code to replace an authorization for a physician licensed under the Medical Practice Act who submits an application for renewal of a license to practice medicine and whose practice includes treating patients in an emergency room setting to complete two hours of continuing medical education relating to forensic evidence with a requirement for such a physician to complete at least two hours of continuing medical education relating to the following:

·       the provision of trauma-informed care to sexual assault survivors;

·       appropriate community referrals and prophylactic medications;

·       the rights of a sexual assault survivor under Code of Criminal Procedure provisions relating to the rights of crime victims, including the opportunity to request the presence of an advocate, defined by reference to the Sexual Assault Prevention and Crisis Services Act, and a forensic medical examination;

·       forensic evidence collection methods; and

·       applicable state law pertaining to the custody, transfer, and tracking of forensic evidence.

The bill subjects a physician assistant licensed under the Physician Assistant Licensing Act whose practice includes treating patients in an emergency room setting to this requirement. The bill does the following:

·       requires the content of the continuing medical education for physicians and physician assistants relating to forensic evidence to conform to the evidence collection protocol distributed by the attorney general under the Sexual Assault Prevention and Crisis Services Act; and

·       authorizes the Texas Medical Board (TMB) and the Texas Physician Assistant Board to permit the continuing medical education in forensic evidence collection for a physician and physician assistant, as applicable, to be counted toward the continuing medical education hours that must be approved by the boards for purposes of license registration and renewal requirements, as applicable.

These provisions apply to an application for the renewal of a license filed on or after September  1, 2026. An application for the renewal of a license filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.

 

H.B. 47 expands the components of the local, state, and national criminal background check that a transportation network company must conduct, or cause to be conducted, before permitting an individual to log in as a driver on the company's digital network to include the use of the state sex offender public website maintained by the Department of Public Safety. The bill prohibits a transportation network company from permitting an individual who is found to be registered in that website to log in as a driver on the company's digital network.

 

H.B. 47 amends the Property Code to expand the authority of a tenant who is a victim or a parent or guardian of a victim of certain assaultive, sexual, or public indecency offenses, or of an attempt to commit any such offense, during the preceding six-month period and who otherwise complies with applicable state law to terminate the tenant's rights and obligations under a lease, vacate the dwelling, and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the dwelling before the lease term's end by removing the specification that the applicable offense, or attempt to commit an applicable offense, take place on the premises or at any dwelling on the premises.

 

H.B. 47 requires the following:

·       the TMB to adopt the rules required by the bill's provisions relating to continuing education in forensic evidence collection for physicians not later than June 1, 2026; and

·       the Texas Physician Assistant Board to adopt rules to implement the bill's provisions relating to continuing education in forensic evidence collection for physician assistants not later than June 1, 2026.

 

H.B. 47 repeals Section 323.005(d), Health and Safety Code.

 

EFFECTIVE DATE

 

September 1, 2025.