Bill Text: TX HB1426 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the forensic medical examination of a victim of sexual assault who is a minor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-05 - Referred to Homeland Security & Public Safety [HB1426 Detail]
Download: Texas-2021-HB1426-Introduced.html
87R4937 MEW-D | ||
By: Shaheen | H.B. No. 1426 |
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relating to the forensic medical examination of a victim of sexual | ||
assault who is a minor. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 56A.251, Code of Criminal Procedure, is | ||
amended by amending Subsections (a) and (c) and adding Subsections | ||
(c-1) and (c-2) and is further amended to conform to Section 3, | ||
Chapter 1037 (H.B. 616), Acts of the 86th Legislature, Regular | ||
Session, 2019, to read as follows: | ||
(a) Except as provided by Subsection (b), if a sexual | ||
assault of a person other than a minor is reported to a law | ||
enforcement agency within 120 [ |
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enforcement agency, with the consent of the victim of the 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. | ||
(c) If a sexual assault of a person other than a minor is not | ||
reported within the period described by Subsection (a), on | ||
receiving the consent described by that subsection a law | ||
enforcement agency may request a forensic medical examination of a | ||
victim of an alleged sexual assault as considered appropriate by | ||
the agency. | ||
(c-1) In this article, "minor" has the meaning assigned by | ||
Section 101.003, Family Code. | ||
(c-2) If the sexual assault of a minor is reported at any | ||
time after the assault, on receiving the consent of the minor's | ||
parent or guardian, an employee of the Department of Family and | ||
Protective Services, or other person with the power to consent to | ||
the medical treatment of the minor, as applicable, a law | ||
enforcement agency shall request a forensic medical examination of | ||
the minor. A law enforcement agency may not decline to request a | ||
forensic medical examination under this subsection. | ||
SECTION 2. The change in law made by this Act applies only | ||
to the report of a sexual assault that is made to a law enforcement | ||
agency on or after the effective date of this Act. The report of a | ||
sexual assault that is made to a law enforcement agency before the | ||
effective date of this Act is governed by the law in effect when the | ||
report was made, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2021. |