Bill Text: TX HB1446 | 2015-2016 | 84th Legislature | Comm Sub
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-Comm_Sub.html
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-Comm_Sub.html
By: Dale, et al. (Senate Sponsor - Rodríguez) | H.B. No. 1446 | |
(In the Senate - Received from the House May 13, 2015; | ||
May 15, 2015, read first time and referred to Committee on Criminal | ||
Justice; May 22, 2015, reported favorably by the following vote: | ||
Yeas 7, Nays 0; May 22, 2015, sent to printer.) | ||
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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. | ||
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