Bill Text: TX HB1446 | 2015-2016 | 84th Legislature | Engrossed

Texas House Bill 1446 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to reimbursement of certain medical costs for victims of certain sex offenses, compensation to victims of stalking for relocation and housing rental expenses, and the creation of a governor's program for victims of child sex trafficking.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Passed) 2015-06-18 - Effective on 9/1/15 [HB1446 Detail]

Download: Texas-2015-HB1446-Engrossed.html

	84R15547 JSC-F

	By: Dale, Márquez, Herrero, Moody, Fallon,	H.B. No. 1446
	et al.


	A BILL TO BE ENTITLED
	AN ACT
	relating to reimbursement of certain medical costs for victims of
	certain sex offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The heading to Article 56.06, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 56.06. FORENSIC MEDICAL EXAMINATION FOR SEXUAL ASSAULT
	VICTIM WHO HAS REPORTED ASSAULT; COSTS.
	SECTION 2. Article 56.06, Code of Criminal Procedure, is
	amended by amending Subsections (a), (b), (c), and (d) and adding
	Subsection (f) to read as follows:
	(a) If a sexual assault is reported to a law enforcement
	agency within 96 hours of the assault, the law enforcement agency,
	with the consent of the victim, 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 of the alleged assault for use in the investigation or
	prosecution of the offense. A law enforcement agency may decline to
	request a forensic medical examination under this subsection only
	if the person reporting the sexual assault has made one or more
	false reports of sexual assault to any law enforcement agency and if
	there is no other evidence to corroborate the current allegations
	of sexual assault.
	(b) If a sexual assault is not reported within the period
	described by Subsection (a), on receiving the consent described by
	that subsection the law enforcement agency may request a forensic
	medical examination of a victim of an alleged sexual assault as
	considered appropriate by the agency.
	(c) A law enforcement agency that requests a forensic
	medical examination of a victim of an alleged sexual assault for use
	in the investigation or prosecution of the offense shall pay all
	costs of the examination. On application to the attorney general,
	the law enforcement agency is entitled to be reimbursed for the
	reasonable costs of that examination if the examination was
	performed by a physician or by a sexual assault examiner or sexual
	assault nurse examiner, as defined by Section 420.003, Government
	Code.
	(d) A law enforcement agency or prosecuting attorney's
	office may pay all costs related to the testimony of a licensed
	health care professional in a criminal proceeding regarding the
	results of the forensic medical examination or manner in which it
	was performed.
	(f) The attorney general may make a payment to or on behalf
	of an individual for the reasonable costs incurred for medical care
	provided in accordance with Section 323.004, Health and Safety
	Code.
	SECTION 3. Article 56.065, Code of Criminal Procedure, is
	amended by adding Subsection (k) to read as follows:
	(k) The attorney general may make a payment to or on behalf
	of an individual for the reasonable costs incurred for medical care
	provided in accordance with Section 323.004, Health and Safety
	Code.
	SECTION 4. Article 56.54(k), Code of Criminal Procedure, is
	amended to read as follows:
	(k) The attorney general may use the compensation to victims
	of crime fund to:
	(1) reimburse a law enforcement agency for the
	reasonable costs of a forensic medical examination that are
	incurred by the agency under Article 56.06 or 56.065; and
	(2) make a payment to or on behalf of an individual for
	the reasonable costs incurred for medical care provided under
	Article 56.06 or 56.065 in accordance with Section 323.004, Health
	and Safety Code.
	SECTION 5. The change in law made by this Act applies only
	to payments made for medical care provided on or after the effective
	date of this Act. Payments made for medical care provided before
	the effective date of this Act are governed by the law in effect on
	the date the care was provided, and the former law is continued in
	effect for that purpose.
	SECTION 6. This Act takes effect September 1, 2015.