Bill Text: TX HB3566 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the forensic examination of a victim of an alleged strangulation assault or sexual assault.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB3566 Detail]

Download: Texas-2019-HB3566-Introduced.html

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86R5773 AJZ-D
By: Farrar H.B. No. 3566

A BILL TO BE ENTITLED
AN ACT
relating to the forensic examination of a victim of an alleged
strangulation assault or sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.01, Code of Criminal Procedure, is
amended by adding Subdivisions (1-a) and (2-b) and amending
Subdivision (3) to read as follows:
(1-a) "Forensic nurse" means a registered nurse who
provides care primarily to populations affected by violence and
trauma and who has received at least two hours of training on the
treatment of victims of family violence and strangulation.
(2-b) "Strangulation assault" means an offense under
Section 22.01, 22.011, 22.02, 22.021, 22.04, or 22.05, Penal Code,
that is committed by impeding the normal breathing or circulation
of the blood of the person by applying pressure to the person's
throat or neck or by blocking the person's nose or mouth.
(3) "Victim" means a person who is the victim of the
offense of assault, aggravated assault, sexual assault,
kidnapping, aggravated robbery, trafficking of persons, deadly
conduct, or injury to a child, elderly individual, or disabled
individual or who has suffered personal injury or death as a result
of the criminal conduct of another.
SECTION 2. 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 for a
victim of a sexual assault under Article 56.06 or 56.065 or for a
victim of a strangulation [sexual] assault under Article 56.066 or
56.067, 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 request victim-offender mediation
coordinated by the victim services division of the Texas Department
of Criminal Justice;
(12) 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;
(13) for a victim of an assault or sexual assault who
is younger than 17 years of age or whose case involves family
violence, as defined by Section 71.004, Family Code, the right to
have the court consider the impact on the victim of a continuance
requested by the defendant; if requested by the attorney
representing the state or by counsel for the defendant, the court
shall state on the record the reason for granting or denying the
continuance; and
(14) if the offense is a capital felony, the right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
SECTION 3. Subchapter A, Chapter 56, Code of Criminal
Procedure, is amended by adding Articles 56.066 and 56.067 to read
as follows:
Art. 56.066. MEDICAL EXAMINATION FOR STRANGULATION ASSAULT
VICTIM WHO HAS REPORTED ASSAULT; COSTS. (a) If a strangulation
assault is reported to a law enforcement agency within 120 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
strangulation assault has made one or more false reports of
offenses involving family violence, as defined by Section 71.004,
Family Code, to any law enforcement agency and if there is no other
evidence to corroborate the current allegations of strangulation
assault.
(b) If a strangulation 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
strangulation assault as considered appropriate by the agency.
(c) On application to the attorney general, a health care
facility that provides a forensic medical examination to a
strangulation assault victim in accordance with this article is
entitled to be compensated for the reasonable costs of the forensic
portion of that examination and for the strangulation assault
evidence collection kit, not to exceed the amount the law
enforcement agency would otherwise be required to pay under
Subsection (d), if the examination was performed by a forensic
nurse.
(d) A law enforcement agency that requests a forensic
medical examination of a victim of an alleged strangulation assault
for use in the investigation or prosecution of the offense shall pay
the costs, less any amount to be paid directly to the health care
facility by the attorney general under Subsection (c), of the
forensic portion of the examination and of the strangulation
assault evidence collection kit. On application to the attorney
general, the law enforcement agency is entitled to be reimbursed
for the reasonable costs of the forensic portion of that
examination and of the strangulation assault evidence collection
kit if the examination was performed by a forensic nurse.
(e) A law enforcement agency or prosecuting attorney's
office may pay all costs related to the testimony of a forensic
nurse in all criminal proceedings regarding the results of the
forensic medical examination or manner in which it was performed.
(f) This article does not require a law enforcement agency
to pay any costs of treatment for injuries.
(g) The attorney general may make a payment to or on behalf
of an individual for the reasonable costs incurred for medical care
provided to a victim of an alleged strangulation assault.
Art. 56.067. MEDICAL EXAMINATION FOR STRANGULATION 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.
(b) This article applies to the following health care
facilities that provide diagnosis or treatment services to victims
of strangulation 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) Except as provided by Subsection (f), a health care
facility shall conduct a forensic medical examination of the victim
of an alleged strangulation assault if:
(1) the victim arrives at the facility within 120
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) On application to the attorney general, a health care
facility that provides a forensic medical examination to a
strangulation assault victim in accordance with this article is
entitled to be compensated for the appropriate costs of the
forensic portion of that examination and for the strangulation
assault evidence collection kit, not to exceed the amount the
department would otherwise be required to pay under Subsection (e),
if a forensic nurse conducts the forensic portion of the
examination within 120 hours after the alleged strangulation
assault occurred.
(e) The department shall pay the appropriate fees, as set by
attorney general rule, less any amount to be paid directly to the
health care facility by the attorney general under Subsection (d),
for the forensic portion of the medical examination and for the
strangulation assault evidence collection kit if a forensic nurse
conducts the forensic portion of the examination within 120 hours
after the alleged strangulation assault occurred. The attorney
general shall reimburse the department for fees paid under this
subsection.
(f) If a health care facility does not provide diagnosis or
treatment services to victims of strangulation 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.
(g) The department may develop procedures regarding the
submission or collection of additional evidence of the alleged
strangulation assault other than through an examination as
described by this article. 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.
(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 strangulation assault evidence collection
kit.
(i) The attorney general and the department each shall adopt
rules as necessary to implement this article.
(j) A communication or record that contains identifying
information regarding a person who receives a forensic medical
examination under this article and that is created by, provided to,
or in the control or possession of the department is confidential
for purposes of Section 552.101, Government Code. In this
subsection, "identifying information" includes:
(1) information revealing the identity, personal
history, or background of the person; or
(2) information concerning the victimization of the
person.
SECTION 4. Article 56.07(a), Code of Criminal Procedure, is
amended to read as follows:
(a) At the initial contact or at the earliest possible time
after the initial contact between the victim of a reported crime and
the law enforcement agency having the responsibility for
investigating that crime, that agency shall provide the victim a
written notice containing:
(1) information about the availability of emergency
and medical services, if applicable;
(2) notice that the victim has the right to receive
information regarding compensation to victims of crime as provided
by Subchapter B, Chapter 56, including information about:
(A) the costs that may be compensated under that
Act and the amount of compensation, eligibility for compensation,
and procedures for application for compensation under that Act;
(B) the payment for a medical examination for a
victim of a sexual assault under Article 56.06 or 56.065 [of this
code]; [and]
(C) the payment for a medical examination for a
victim of a strangulation assault under Article 56.066 or 56.067;
and
(D) referral to available social service
agencies that may offer additional assistance;
(3) the name, address, and phone number of the law
enforcement agency's victim assistance liaison;
(4) the address, phone number, and name of the crime
victim assistance coordinator of the office of the attorney
representing the state;
(5) the following statement:
"You may call the law enforcement agency's telephone number
for the status of the case and information about victims' rights";
and
(6) the rights of crime victims under Articles 56.02
and 56.021.
SECTION 5. Article 56.08(a), Code of Criminal Procedure, is
amended to read as follows:
(a) Not later than the 10th day after the date that an
indictment or information is returned against a defendant for an
offense, the attorney representing the state shall give to each
victim of the offense a written notice containing:
(1) a brief general statement of each procedural stage
in the processing of a criminal case, including bail, plea
bargaining, parole restitution, and appeal;
(2) notification of the rights and procedures under
this chapter;
(3) suggested steps the victim may take if the victim
is subjected to threats or intimidation;
(4) notification of the right to receive information
regarding compensation to victims of crime as provided by
Subchapter B, including information about:
(A) the costs that may be compensated under
Subchapter B, eligibility for compensation, and procedures for
application for compensation under Subchapter B of this chapter;
(B) the payment for a medical examination for a
victim of a sexual assault under Article 56.06 or 56.065; [and]
(C) the payment for a medical examination for a
victim of a strangulation assault under Article 56.066 or 56.067;
and
(D) referral to available social service
agencies that may offer additional assistance;
(5) the name, address, and phone number of the local
victim assistance coordinator;
(6) the case number and assigned court for the case;
(7) the right to file a victim impact statement with
the office of the attorney representing the state and the Texas
Department of Criminal Justice; and
(8) notification of the right of a victim, guardian of
a victim, or close relative of a deceased victim, as defined by
Section 508.117, Government Code, to appear in person before a
member of the Board of Pardons and Paroles as provided by Section
508.153, Government Code.
SECTION 6. 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, 56.066, or
56.067; [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;
(3) compensate a health care facility for certain
costs of a forensic medical examination that are incurred by the
facility under Article 56.066 or 56.067, as provided by those
articles; and
(4) make a payment to or on behalf of an individual for
the reasonable costs incurred for medical care provided under
Article 56.066 or 56.067.
SECTION 7. Section 57.002(a), Family Code, 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
juvenile 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 court or person appointed by
the court take the safety of the victim or the victim's family into
consideration as an element in determining whether the child should
be detained before the child's conduct is adjudicated;
(3) the right, if requested, to be informed of
relevant court proceedings, including appellate proceedings, and
to be informed in a timely manner if those court proceedings have
been canceled or rescheduled;
(4) the right to be informed, when requested, by the
court or a person appointed by the court concerning the procedures
in the juvenile justice system, including general procedures
relating to:
(A) the preliminary investigation and deferred
prosecution of a case; and
(B) the appeal of the case;
(5) the right to provide pertinent information to a
juvenile court conducting a disposition hearing concerning the
impact of the offense on the victim and the victim's family by
testimony, written statement, or any other manner before the court
renders its disposition;
(6) the right to receive information regarding
compensation to victims as provided by Subchapter B, Chapter 56,
Code of Criminal Procedure, 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 of
medical expenses for a victim of a sexual assault under Article
[Section] 56.06 or 56.065, Code of Criminal Procedure, or for a
victim of a strangulation assault under Article 56.066 or 56.067,
Code of Criminal Procedure [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
procedures for release under supervision or transfer of the person
to the custody of the Texas Department of Criminal Justice for
parole, to participate in the release or transfer for parole
process, to be notified, if requested, of the person's release,
escape, or transfer for parole proceedings concerning the person,
to provide to the Texas Juvenile Justice Department for inclusion
in the person's file information to be considered by the department
before the release under supervision or transfer for parole of the
person, and to be notified, if requested, of the person's release or
transfer for parole;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the child
alleged to have committed the conduct and relatives of the child,
before testifying in any proceeding concerning the child, or, if a
separate waiting area is not available, other safeguards should be
taken to minimize the victim's contact with the child and the
child'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 be present at all public court
proceedings related to the conduct of the child as provided by
Section 54.08, subject to that section; and
(12) any other right appropriate to the victim that a
victim of criminal conduct has under Article 56.02 or 56.021, Code
of Criminal Procedure.
SECTION 8. This Act takes effect September 1, 2019.