Bill Text: TX SB1401 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-05-24 - Effective on 9/1/23 [SB1401 Detail]
Download: Texas-2023-SB1401-Enrolled.html
S.B. No. 1401 |
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relating to the rights of victims of sexual assault and to certain | ||
procedures and reimbursements occurring with respect to a sexual | ||
assault or other sex offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 38.435, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC | ||
MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL | ||
ASSAULT. Evidence collected during a forensic medical examination | ||
conducted under Subchapter [ |
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investigate or prosecute a misdemeanor offense, or an offense under | ||
Subchapter D, Chapter 481, Health and Safety Code, alleged to have | ||
been committed by the victim from whom the evidence was collected. | ||
SECTION 2. Article 56A.051(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 a law enforcement agency | ||
adequate protection from harm and threats of harm arising from | ||
cooperation with prosecution efforts; | ||
(2) the right to have the magistrate consider the | ||
safety of the victim or the victim's family in setting the amount of | ||
bail for the defendant; | ||
(3) if requested, the right 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 before the event; and | ||
(B) by an appellate court of the court's | ||
decisions, after the decisions are entered but before the decisions | ||
are made public; | ||
(4) when requested, the right to be informed: | ||
(A) by a peace officer concerning the defendant's | ||
right to bail and the procedures in criminal investigations; and | ||
(B) by the office of the attorney representing | ||
the state 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 | ||
community supervision and corrections department conducting a | ||
presentencing investigation concerning the impact of the offense on | ||
the victim and the victim's family by testimony, written statement, | ||
or any other manner before any sentencing of the defendant; | ||
(6) the right to receive information: | ||
(A) regarding compensation to victims of crime as | ||
provided by Chapter 56B, including information related to the costs | ||
that may be compensated under that chapter and the amount of | ||
compensation, eligibility for compensation, and procedures for | ||
application for compensation under that chapter; | ||
(B) for a victim of a sexual assault, regarding | ||
the payment under Subchapter G for a forensic medical examination; | ||
[ |
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and | ||
(C) when requested, providing a [ |
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available social service agencies that may offer additional | ||
assistance; | ||
(7) the right to: | ||
(A) be informed, on request, of parole | ||
procedures; | ||
(B) participate in the parole process; | ||
(C) provide to the board for inclusion in the | ||
defendant's file information to be considered by the board before | ||
the parole of any defendant convicted of any offense subject to this | ||
chapter; and | ||
(D) be notified, if requested, of parole | ||
proceedings concerning a defendant in the victim's case and of the | ||
defendant's release; | ||
(8) the right to be provided with a waiting area, | ||
separate or secure from other witnesses, including the defendant | ||
and relatives of the defendant, before testifying in any proceeding | ||
concerning the defendant; if a separate waiting area is not | ||
available, other safeguards should be taken to minimize the | ||
victim's contact with the defendant and the defendant's relatives | ||
and witnesses, before and during court proceedings; | ||
(9) the right to the prompt return of any of the | ||
victim's property that is held by a law enforcement agency or the | ||
attorney representing the state as evidence when the property is no | ||
longer required for that purpose; | ||
(10) the right to have the attorney representing the | ||
state notify the victim's employer, if requested, that the victim's | ||
cooperation and testimony is necessary in a proceeding that may | ||
require the victim to be absent from work for good cause; | ||
(11) the right to request victim-offender mediation | ||
coordinated by the victim services division of the department; | ||
(12) the right to be informed of the uses of a victim | ||
impact statement and the statement's purpose in the criminal | ||
justice system as described by Subchapter D, 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 before a defendant 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 the defendant's attorney, 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. Article 56A.052(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) If the offense is a sexual assault, 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) if requested, the right to a disclosure of | ||
information regarding: | ||
(A) any evidence that was collected during the | ||
investigation of the offense, unless disclosing the information | ||
would interfere with the investigation or prosecution of the | ||
offense, in which event the victim, guardian, or relative shall be | ||
informed of the estimated date on which that information is | ||
expected to be disclosed; and | ||
(B) the status of any analysis being performed of | ||
any evidence described by Paragraph (A); | ||
(2) if requested, the right to be notified: | ||
(A) at the time a request is submitted to a crime | ||
laboratory to process and analyze any evidence that was collected | ||
during the investigation of the offense; | ||
(B) at the time of the submission of a request to | ||
compare any biological evidence collected during the investigation | ||
of the offense with DNA profiles maintained in a state or federal | ||
DNA database; and | ||
(C) of the results of the comparison described by | ||
Paragraph (B), unless disclosing the results would interfere with | ||
the investigation or prosecution of the offense, in which event the | ||
victim, guardian, or relative shall be informed of the estimated | ||
date on which those results are expected to be disclosed; | ||
(3) if requested, the right to counseling regarding | ||
acquired immune deficiency syndrome (AIDS) and human | ||
immunodeficiency virus (HIV) infection; and | ||
(4) for the victim, the right to: | ||
(A) 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; and | ||
(B) a forensic medical examination as [ |
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[ |
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SECTION 4. The heading to Subchapter G, Chapter 56A, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT | ||
VICTIM [ |
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SECTION 5. Article 56A.303, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) In accordance with Subchapter B, Chapter 420, | ||
Government Code, and except as provided by Subsection (b), a health | ||
care provider shall conduct a forensic medical examination of: | ||
(1) a victim of a sexual assault who is a minor as | ||
defined by Section 101.003, Family Code, regardless of when the | ||
victim arrives at the provider, if the victim, a person authorized | ||
to act on behalf of the victim, or an employee of the Department of | ||
Family and Protective Services consents to the examination, or if | ||
consent is provided as described by Section 32.003 or 32.005, | ||
Family Code; and | ||
(2) a victim of a sexual assault who is not a minor, | ||
if: | ||
(A) [ |
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(i) within 120 hours after the assault | ||
occurred; or | ||
(ii) later than 120 hours after the assault | ||
occurred, and the victim is: | ||
(a) referred for a forensic medical | ||
examination by a law enforcement agency under Subsection (b-1); or | ||
(b) referred for a forensic medical | ||
examination by a physician, sexual assault examiner, or sexual | ||
assault nurse examiner who has conducted a preliminary medical | ||
evaluation and determined that a forensic medical examination | ||
should be conducted; and | ||
(B) the victim, a person authorized to act on | ||
behalf of the victim, or an employee of the Department of Family and | ||
Protective Services consents to the examination | ||
[ |
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[ |
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(b-1) A law enforcement agency shall refer a victim of a | ||
sexual assault for a forensic medical examination, to be conducted | ||
in accordance with Subsection (a), if a sexual assault is reported | ||
to a law enforcement agency within 120 hours after the assault or, | ||
if the victim is a minor as defined by Section 101.003, Family Code, | ||
regardless of when the sexual assault is reported. A law | ||
enforcement agency may make the same referral with respect to any | ||
victim of a sexual assault who is not a minor and who does not report | ||
the sexual assault within the 120-hour period required by this | ||
subsection if the agency believes that a forensic medical | ||
examination may further a sexual assault investigation or | ||
prosecution. | ||
SECTION 6. Articles 56A.304(a) and (b), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) On application to the attorney general and subject to | ||
Article 56A.305(e), a health care provider that provides a forensic | ||
medical examination to a sexual assault survivor in accordance with | ||
this subchapter, or the sexual assault examiner or sexual assault | ||
nurse examiner who conducts that examination in accordance with | ||
this subchapter, as applicable, [ |
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attorney general rule for: | ||
(1) the reasonable costs of the forensic portion of | ||
that examination; [ |
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(2) the evidence collection kit; and | ||
(3) the reasonable costs of other medical care | ||
provided to the victim during the forensic medical examination in | ||
accordance with Subchapters A and B, Chapter 323, Health and Safety | ||
Code. | ||
(b) The application under Subsection (a) must be in the form | ||
and manner prescribed by the attorney general and must include: | ||
(1) certification that the examination was conducted | ||
in accordance with the requirements of Article 56A.303(a); and | ||
(2) a complete and itemized bill of the reasonable | ||
costs of the forensic portion of the examination and any additional | ||
medical care described by Subsection (a)(3). | ||
SECTION 7. Subchapter G, Chapter 56A, Code of Criminal | ||
Procedure, is amended by adding Article 56A.3045 to read as | ||
follows: | ||
Art. 56A.3045. PAYMENT OF COSTS RELATED TO TESTIMONY. A law | ||
enforcement agency or an office of the attorney representing the | ||
state may pay any costs related to the testimony of a licensed | ||
health care professional in a criminal proceeding regarding the | ||
results of a forensic medical examination described by Article | ||
56A.303 or the manner in which the examination was performed. | ||
SECTION 8. Article 56A.305, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL | ||
CARE. (a) The attorney general shall [ |
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victim of a sexual assault or on behalf of a victim of a sexual | ||
assault [ |
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medical care that is provided to the victim as described by Article | ||
56A.304(a) [ |
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(b) The attorney general shall make a payment under | ||
Subsection (a) in accordance with the medical fee guidelines | ||
prescribed by Subtitle A, Title 5, Labor Code. A payment made under | ||
Subsection (a) may not exceed $25,000. | ||
(c) Neither the attorney general nor a victim of a sexual | ||
assault is liable for costs incurred for medical care that: | ||
(1) exceed the medical fee guidelines described by | ||
Subsection (b); or | ||
(2) is not medically necessary. | ||
(d) The Health and Human Services Commission may contract | ||
with a third-party vendor or other entity to provide health care | ||
providers access to prescription drugs for purposes of medical care | ||
described by Subsection (a). | ||
(e) The attorney general may deny or reduce a payment under | ||
Subsection (a) to the extent that the amount otherwise proposed for | ||
reimbursement is recouped from a collateral source. | ||
SECTION 9. Article 56A.306, Code of Criminal Procedure, is | ||
amended by amending Subsections (a), (b), and (c) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) The department, consistent with Chapter 420, Government | ||
Code, shall develop procedures for the transfer and preservation of | ||
evidence collected during a forensic medical examination for a | ||
sexual assault that was not reported to a law enforcement agency, | ||
including procedures for: | ||
(1) the transfer of the evidence [ |
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designated by the public safety director of the department; | ||
(2) the preservation of the evidence by the entity | ||
receiving the evidence; and | ||
(3) the notification of the victim of the offense | ||
through the statewide electronic tracking system before a planned | ||
destruction of evidence under this article. | ||
(a-1) The transfer and preservation of evidence collected | ||
during a forensic medical examination for a reported sexual assault | ||
must comply with the procedures under Sections 420.035(b) and (c) | ||
and 420.042(a), Government Code. | ||
(b) Subject to Subsection (c), an entity receiving evidence | ||
collected during a forensic medical examination as described by | ||
this subchapter [ |
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evidence until the earlier of: | ||
(1) the fifth anniversary of the date on which the | ||
evidence was collected; or | ||
(2) the date on which written consent to release the | ||
evidence is obtained as provided by Section 420.0735, Government | ||
Code. | ||
(c) An entity receiving evidence collected during a | ||
forensic medical examination as described by this subchapter | ||
[ |
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expiration of the entity's duty to preserve the evidence under | ||
Subsection (b)(1) only if notice of the planned destruction is | ||
entered into the statewide electronic tracking system and an [ |
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[ |
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[ |
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[ |
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[ |
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entity from the victim before the 91st day after the date on which | ||
the entity entered the notice [ |
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destruction of the evidence into the tracking system. | ||
SECTION 10. Article 56A.307, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF | ||
ADDITIONAL EVIDENCE. The department, consistent with Chapter 420, | ||
Government Code, may develop procedures regarding the submission or | ||
collection of additional evidence of a sexual assault other than | ||
through a forensic medical examination as described by Article | ||
56A.303 [ |
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SECTION 11. Article 56A.308(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) A communication or record is confidential for purposes | ||
of Section 552.101, Government Code, if the communication or | ||
record: | ||
(1) contains identifying information regarding a | ||
victim who receives a forensic medical examination under Article | ||
56A.303 [ |
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(2) is created by, provided to, or in the control or | ||
possession of the department. | ||
SECTION 12. Article 56A.401, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial | ||
contact or at the earliest possible time after the initial contact | ||
between a victim of a reported offense and the law enforcement | ||
agency having the responsibility for investigating the offense, the | ||
agency shall provide the victim a written notice containing: | ||
(1) information about the availability of emergency | ||
and medical services, if applicable; | ||
(2) information about the rights of crime victims | ||
under Subchapter B; | ||
(3) notice that the victim has the right to receive | ||
information: | ||
(A) regarding compensation to victims of crime as | ||
provided by Chapter 56B, including information relating to [ |
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[ |
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that chapter and the amount of compensation, eligibility for | ||
compensation, and procedures for application for compensation | ||
under that chapter; | ||
(B) for a victim of a sexual assault, regarding | ||
the payment under Subchapter G for a forensic medical examination | ||
[ |
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and | ||
(C) providing a referral to available social | ||
service agencies that may offer additional assistance; | ||
(4) the name, address, and phone number of the law | ||
enforcement agency's crime victim liaison; | ||
(5) the name, address, and phone number of the victim | ||
assistance coordinator of the office of the attorney representing | ||
the state; and | ||
(6) the following statement: | ||
"You may call the law enforcement agency's telephone number | ||
for the status of the case and information about victims' rights." | ||
SECTION 13. Article 56A.451(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) the case number and assigned court for the case; | ||
(2) a brief general statement of each procedural stage | ||
in the processing of a criminal case, including bail, plea | ||
bargaining, parole restitution, and appeal; | ||
(3) suggested steps the victim may take if the victim | ||
is subjected to threats or intimidation; | ||
(4) the name, address, and phone number of the local | ||
victim assistance coordinator; and | ||
(5) notification of: | ||
(A) the rights and procedures under this chapter, | ||
Chapter 56B, and Subchapter B, Chapter 58; | ||
(B) the right to file a victim impact statement | ||
with the office of the attorney representing the state and the | ||
department; | ||
(C) the right to receive information: | ||
(i) regarding compensation to victims of | ||
crime as provided by Chapter 56B, including information relating to | ||
[ |
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[ |
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under that chapter, eligibility for compensation, and procedures | ||
for application for compensation under that chapter; | ||
(ii) for a victim of a sexual assault, | ||
regarding the payment under Subchapter G for a forensic medical | ||
examination [ |
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(iii) providing a referral to available | ||
social service agencies that may offer additional assistance; and | ||
(D) 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 as provided by Section 508.153, Government Code. | ||
SECTION 14. Article 56B.107, Code of Criminal Procedure, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) For purposes of Subsection (a)(1), a victim receiving a | ||
forensic medical examination constitutes sufficient evidence that | ||
a victim has substantially cooperated with an investigation of a | ||
sexual assault or other sex offense. | ||
SECTION 15. Article 56B.453(d), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(d) The attorney general may use the fund to: | ||
(1) reimburse a health care provider or a sexual | ||
assault examiner or sexual assault nurse examiner for certain costs | ||
of a forensic medical examination that are incurred by the provider | ||
or the examiner under Subchapter [ |
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(2) make a payment to or on behalf of a victim of a | ||
sexual assault [ |
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for medical care provided under Subchapter [ |
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described by Article 56A.305 [ |
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SECTION 16. 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: | ||
(A) regarding compensation to victims as | ||
provided by Chapter 56B, Code of Criminal Procedure, including | ||
information relating [ |
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compensated under that chapter and the amount of compensation, | ||
eligibility for compensation, and procedures for application for | ||
compensation under that chapter; | ||
(B) for a victim of a sexual assault, regarding | ||
the payment under Subchapter G, Chapter 56A, Code of Criminal | ||
Procedure, for a forensic medical examination; [ |
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(C) when requested, providing a [ |
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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 Subchapter B, Chapter 56A, | ||
Code of Criminal Procedure. | ||
SECTION 17. Section 501.174, Government Code, is amended to | ||
read as follows: | ||
Sec. 501.174. DEPARTMENT TO ADOPT POLICY. The department | ||
shall adopt a policy providing for: | ||
(1) a designated administrator at each correctional | ||
facility to post information throughout the facility describing how | ||
an inmate may confidentially contact the ombudsperson regarding a | ||
sexual assault; | ||
(2) an inmate to write a confidential letter to the | ||
ombudsperson regarding a sexual assault; | ||
(3) employees at correctional facilities, on | ||
notification of the occurrence of a sexual assault, to immediately: | ||
(A) contact the ombudsperson and the office of | ||
the inspector general; and | ||
(B) ensure that the alleged victim is safe; | ||
(4) the office of the inspector general, at the time | ||
the office is notified of the sexual assault, to arrange for a | ||
medical examination of the alleged victim to be conducted in | ||
accordance with Subchapter G [ |
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Procedure, or, if an appropriate employee of the office of the | ||
inspector general is not available at the time the office is | ||
notified of the sexual assault, a qualified employee at the | ||
correctional facility to conduct a medical examination of the | ||
alleged victim in accordance with that subchapter; | ||
(5) a grievance proceeding under Section 501.008 based | ||
on an alleged sexual assault to be exempt from any deadline | ||
applicable to grievances initiated under that section; and | ||
(6) each correctional facility to collect statistics | ||
on all alleged sexual assaults against inmates confined in the | ||
facility and to report the statistics to the ombudsperson. | ||
SECTION 18. Section 241.1031(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A hospital may not destroy a medical record from the | ||
forensic medical examination of a sexual assault victim conducted | ||
under Subchapter [ |
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until the 20th anniversary of the date the record was created. | ||
SECTION 19. 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) subject to Subsection (b-1), a forensic medical | ||
examination in accordance with Subchapter B, Chapter 420, | ||
Government Code, and [ |
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56A, 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 Subchapter H, Chapter 56A, 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; | ||
(7) the name and telephone number of the nearest | ||
sexual assault crisis center; and | ||
(8) if the health care facility has shower facilities, | ||
access to a shower at no cost to the survivor after the examination | ||
described by Subdivision (1). | ||
SECTION 20. Section 323.005(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The commission 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 | ||
and regarding the payment of costs and the reimbursements available | ||
for care to be provided as described by Subchapter G, Chapter 56A, | ||
Code of Criminal Procedure[ |
||
[ |
||
[ |
||
(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; | ||
(7) information regarding postexposure prophylaxis | ||
for HIV infection; | ||
(8) information regarding the period for which | ||
biological evidence collected from the forensic medical | ||
examination will be retained and preserved under Article 38.43, | ||
Code of Criminal Procedure; and | ||
(9) a statement that the survivor has the right to | ||
access a shower for free after the forensic medical examination, if | ||
shower facilities are available at the health care facility. | ||
SECTION 21. Section 323.0051(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The commission shall develop a standard information | ||
form for sexual assault survivors who arrive at a health care | ||
facility that is not a SAFE-ready facility. The information form | ||
must include: | ||
(1) information regarding the benefits of a forensic | ||
medical examination conducted by a sexual assault forensic | ||
examiner; | ||
(2) the Internet website address to the commission's | ||
list of SAFE-ready facilities that includes the facilities' | ||
physical addresses as required by Section 323.008; | ||
(3) the following statements: | ||
(A) "As a survivor of sexual assault, you have | ||
the right to receive a forensic medical examination for sexual | ||
assault at this hospital emergency room if you are requesting the | ||
examination not later than 120 hours after the assault. For parents | ||
or guardians of a minor child, your child has the right to receive | ||
the forensic medical examination at any time, regardless of when | ||
the assault occurred."; and | ||
(B) [ |
||
[ |
||
sexual assault [ |
||
assistance."; and | ||
(4) information on the procedure for submitting a | ||
complaint against the health care facility. | ||
SECTION 22. Section 323.0052(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The commission shall develop a standard information | ||
form that, as described by Subsection (b), is to be provided to | ||
sexual assault survivors who have not given signed, written consent | ||
to a health care facility to release the evidence as provided by | ||
Section 420.0735, Government Code. The form must include the | ||
following information: | ||
(1) the Department of Public Safety's policy regarding | ||
storage of evidence of a sexual assault or other sex offense that is | ||
collected under Subchapter G, Chapter 56A, Code of Criminal | ||
Procedure, including: | ||
(A) a statement that the evidence will be stored | ||
until the fifth anniversary of the date on which the evidence was | ||
collected before the evidence becomes eligible for destruction; and | ||
(B) the department's procedures regarding the | ||
notification of the survivor through the statewide electronic | ||
tracking system before a planned destruction of the evidence; | ||
(2) a statement that the survivor may request the | ||
release of the evidence to a law enforcement agency and report a | ||
sexual assault or other sex offense to the agency at any time; | ||
(3) the name, phone number, and e-mail address of the | ||
law enforcement agency with jurisdiction over the offense; and | ||
(4) the name and phone number of a local sexual assault | ||
[ |
||
SECTION 23. Sections 323.054(a), (c), and (d), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) A SAFE program shall provide to a sexual assault | ||
survivor under the care of the program a forensic medical | ||
examination in accordance with Subchapter B, Chapter 420, | ||
Government Code, and [ |
||
Procedure. | ||
(c) A sexual assault examiner or sexual assault nurse | ||
examiner employed by or under contract with a SAFE program must | ||
obtain the [ |
||
described by Article 56A.303, Code of Criminal Procedure, before | ||
performing a forensic medical examination or providing medical | ||
treatment to the survivor. | ||
(d) A sexual assault survivor who receives a forensic | ||
medical examination from a sexual assault examiner or sexual | ||
assault nurse examiner employed by or under contract with a SAFE | ||
program may not be required to: | ||
(1) participate in the investigation or prosecution of | ||
an offense as a prerequisite to receiving the forensic medical | ||
examination or medical treatment; or | ||
(2) pay for any [ |
||
56A.304(a), Code of Criminal Procedure [ |
||
SECTION 24. Section 153.003(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The rules adopted under this section must prohibit a | ||
physician from destroying a medical record from the forensic | ||
medical examination of a sexual assault victim conducted under | ||
Subchapter [ |
||
the 20th anniversary of the date the record was created. | ||
SECTION 25. The following provisions of the Code of | ||
Criminal Procedure are repealed: | ||
(1) Subchapter F, Chapter 56A; and | ||
(2) Article 56A.306(d). | ||
SECTION 26. (a) Except as provided by Subsection (b) of | ||
this section, the changes in law made by this Act to Chapters 56A | ||
and 56B, Code of Criminal Procedure, apply only to a sexual assault | ||
or other sex offense that is first reported or for which medical | ||
care is first sought on or after the effective date of this Act. A | ||
sexual assault or other sex offense that is first reported or for | ||
which medical care was first sought before the effective date of | ||
this Act is governed by the law in effect on the date the sexual | ||
assault was reported or the medical care was sought, and the former | ||
law is continued in effect for that purpose. | ||
(b) Article 56A.306(c), Code of Criminal Procedure, as | ||
amended by this Act, applies only to evidence of a sexual assault or | ||
other sex offense collected during a forensic medical examination | ||
conducted on or after September 1, 2019. | ||
SECTION 27. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1401 passed the Senate on | ||
April 19, 2023, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 11, 2023, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1401 passed the House, with | ||
amendment, on May 5, 2023, by the following vote: Yeas 137, | ||
Nays 2, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |