81(R) HB 2626 - Enrolled version

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�	H.B.�No.�2626

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�	AN ACT
�	relating to the forensic medical examination of a sexual assault
�	victim who has not reported the assault to a law enforcement agency.
�	��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	��SECTION�1.��Article 56.02(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 law enforcement agencies
�	adequate protection from harm and threats of harm arising from
�	cooperation with prosecution efforts;
�	��(2)��the right to have the magistrate take the safety of
�	the victim or his family into consideration as an element in fixing
�	the amount of bail for the accused;
�	��(3)��the right, if requested, 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 prior to the event; and
�	��(B)��by an appellate court of decisions of the
�	court, after the decisions are entered but before the decisions are
�	made public;
�	��(4)��the right to be informed, when requested, by a
�	peace officer concerning the defendant's right to bail and the
�	procedures in criminal investigations and by the district
�	attorney's office 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
�	probation department conducting a presentencing investigation
�	concerning the impact of the offense on the victim and his family by
�	testimony, written statement, or any other manner prior to any
�	sentencing of the offender;
�	��(6)��the right to receive information regarding
�	compensation to victims of crime as provided by Subchapter B,
�	including information related to the costs that may be compensated
�	under that subchapter and the amount of compensation, eligibility
�	for compensation, and procedures for application for compensation
�	under that subchapter, the payment for a medical examination under
�	Article 56.06 for a victim of a sexual assault, and when requested,
�	to referral to available social service agencies that may offer
�	additional assistance;
�	��(7)��the right to be informed, upon request, of parole
�	procedures, to participate in the parole process, to be notified,
�	if requested, of parole proceedings concerning a defendant in the
�	victim's case, to provide to the Board of Pardons and Paroles for
�	inclusion in the defendant's file information to be considered by
�	the board prior to the parole of any defendant convicted of any
�	crime subject to this subchapter, and to be notified, if requested,
�	of the defendant's release;
�	��(8)��the right to be provided with a waiting area,
�	separate or secure from other witnesses, including the offender and
�	relatives of the offender, before testifying in any proceeding
�	concerning the offender; if a separate waiting area is not
�	available, other safeguards should be taken to minimize the
�	victim's contact with the offender and the offender'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 counseling, on request, regarding
�	acquired immune deficiency syndrome (AIDS) and human
�	immunodeficiency virus (HIV) infection and 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, if the offense is an offense under
�	Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
�	��(12)��the right to request victim-offender mediation
�	coordinated by the victim services division of the Texas Department
�	of Criminal Justice;
�	��(13)��the right to be informed of the uses of a victim
�	impact statement and the statement's purpose in the criminal
�	justice system, 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 of Pardons and Paroles before an
�	inmate is released on parole; and
�	��(14)��to the extent�[~~except as~~] provided by Articles
�	56.06 and 56.065�[~~Article 56.06(a)~~], for a victim of a sexual
�	assault, the right to a forensic medical examination if, within 96
�	hours of the sexual assault, the [~~sexual~~] assault is reported to a
�	law enforcement agency or a forensic medical examination is
�	otherwise conducted at a health care facility�[~~within 96 hours of~~
�	~~the assault~~].
�	��SECTION�2.��The heading to Article 56.06, Code of Criminal
�	Procedure, is amended to read as follows:
�	��Art.�56.06.��MEDICAL EXAMINATION FOR SEXUAL ASSAULT VICTIM
�	WHO HAS REPORTED ASSAULT; COSTS.
�	��SECTION�3.��Subchapter A, Chapter 56, Code of Criminal
�	Procedure, is amended by adding Article 56.065 to read as follows:
�	��Art.�56.065.��MEDICAL EXAMINATION FOR SEXUAL ASSAULT VICTIM
�	WHO HAS NOT REPORTED ASSAULT; COSTS. (a) �In this article:
�	��(1)��"Crime laboratory"�has the meaning assigned by
�	Article 38.35.
�	��(2)��"Department" means the Department of Public
�	Safety.
�	��(3)��"Sexual assault examiner" and "sexual assault
�	nurse examiner" have the meanings assigned by Section 420.003,
�	Government Code.
�	��(b)��This article applies to the following health care
�	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.
�	��(c)��In accordance with Subchapter B, Chapter 420,
�	Government Code, and except as provided by Subsection (e), a health
�	care facility shall conduct a forensic medical examination of the
�	victim of an alleged sexual assault if:
�	��(1)��the victim arrives at the facility within 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.
�	��(d)��The department shall pay the appropriate fees, as set by
�	attorney general rule, for the forensic portion of the medical
�	examination and for the evidence collection kit if a physician,
�	sexual assault examiner, or sexual assault nurse examiner conducts
�	the forensic portion of the examination within 96 hours after the
�	alleged sexual assault occurred. �The attorney general shall
�	reimburse the department for fees paid under this subsection.
�	��(e)��If a health care facility does not provide diagnosis or
�	treatment services to victims of sexual assault, the facility shall
�	refer a victim seeking a forensic medical examination under
�	Subsection (c) to a health care facility that provides services to
�	those victims.
�	��(f)��The department may develop procedures regarding the
�	submission or collection of additional evidence of the alleged
�	sexual assault other than through an examination as described by
�	this article.
�	��(g)��The department shall develop procedures for the
�	transfer and preservation of evidence collected under this article
�	to a crime laboratory or other suitable location designated by the
�	public safety director of the department. The receiving entity
�	shall preserve the evidence until the earlier of:
�	��(1)��the second anniversary of the date the evidence
�	was collected; or
�	��(2)��the date the victim or a legal representative of
�	the victim signs a written consent to release the evidence.
�	��(h)��The victim may not be required to:
�	��(1)��participate in the investigation or prosecution of
�	an offense as a condition of receiving a forensic medical
�	examination under this article; or
�	��(2)��pay for the forensic portion of the medical
�	examination or for the evidence collection kit.
�	��(i)��The attorney general and the department each shall adopt
�	rules as necessary to implement this article.
�	��SECTION�4.��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)��a forensic medical examination in accordance with
�	Subchapter B, Chapter 420, Government Code, if the examination has
�	been requested [~~approved~~] by a law enforcement agency under Article
�	56.06, Code of Criminal Procedure, or is conducted under Article
�	56.065, 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 Article 56.045, 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; and
�	��(7)��the name and telephone number of the nearest
�	sexual assault crisis center.
�	��SECTION�5.��Section 323.005(a), Health and Safety Code, is
�	amended to read as follows:
�	��(a)��The department 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,
�	including:
�	��(A)��a statement that:
�	��(i)��a law enforcement agency will pay for�
�	the forensic portion of an�[~~the~~] examination requested by the
�	agency under Article 56.06, Code of Criminal Procedure, and for the
�	evidence collection kit; or
�	��(ii)��the Department of Public Safety will
�	pay the appropriate fees for the forensic portion of an examination
�	conducted under Article 56.065, Code of Criminal Procedure, and for
�	the evidence collection kit; and
�	��(B)��reimbursement information 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; and
�	��(7)��information regarding postexposure prophylaxis
�	for HIV infection.
�	��SECTION�6.��(a)��As soon as practicable after the effective
�	date of this Act, the attorney general shall adopt the rules
�	required by Article 56.065(i), Code of Criminal Procedure, as added
�	by this Act.
�	��(b)��As soon as practicable after the effective date of this
�	Act, the Department of Public Safety of the State of Texas shall
�	adopt the rules required by Article 56.065(i), Code of Criminal
�	Procedure, as added by this Act.
�	��(c)��The change in law made by this Act applies to a forensic
�	medical examination of an alleged sexual assault victim that is
�	conducted on or after the effective date of this Act. An
�	examination that is conducted before the effective date of this Act
�	is covered by the law in effect when the examination was conducted,
�	and the former law is continued in effect for that purpose.
�	��SECTION�7.��This Act takes effect immediately if it receives
�	a vote of two-thirds of all the members elected to each house, as
�	provided by Section 39, Article III, Texas Constitution.��If this
�	Act does not receive the vote necessary for immediate effect, this
�	Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
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�	��I certify that H.B. No. 2626 was passed by the House on April
�	22, 2009, by the following vote:��Yeas 147, Nays 0, 1 present, not
�	voting; that the House refused to concur in Senate amendments to
�	H.B. No. 2626 on May 14, 2009, and requested the appointment of a
�	conference committee to consider the differences between the two
�	houses; and that the House adopted the conference committee report
�	on H.B. No. 2626 on May 27, 2009, by the following vote:��Yeas 142,
�	Nays 0, 2 present, not voting.
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�	______________________________
�	Chief Clerk of the House��
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�	��I certify that H.B. No. 2626 was passed by the Senate, with
�	amendments, on May 5, 2009, by the following vote:��Yeas 29, Nays 0;
�	at the request of the House, the Senate appointed a conference
�	committee to consider the differences between the two houses; and
�	that the Senate adopted the conference committee report on H.B. No.
�	2626 on May 30, 2009, by the following vote:��Yeas 31, Nays 0.
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�	______________________________
�	Secretary of the Senate��
�	APPROVED: __________________
�	��Date��
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�	�� __________________
�	��Governor��

	
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