Bill Text: TX HB616 | 2019-2020 | 86th Legislature | Comm Sub

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

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Bill Title: Relating to reimbursement for a certain portion of a forensic medical examination of a sexual assault survivor and for the evidence collection kit required for the examination.

Spectrum: Moderate Partisan Bill (Democrat 18-5)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB616 Detail]

Download: Texas-2019-HB616-Comm_Sub.html

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By: Neave, et al. (Senate Sponsor - Nelson) H.B. No. 616
(In the Senate - Received from the House April 23, 2019;
April 29, 2019, read first time and referred to Committee on
Criminal Justice; May 17, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 17, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 616 By: Whitmire

A BILL TO BE ENTITLED
AN ACT
relating to reimbursement for a certain portion of a forensic
medical examination of a sexual assault survivor and for the
evidence collection kit required for the examination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.01, Code of Criminal Procedure, is
amended by adding Subdivision (2-b) to read as follows:
(2-b) "Sexual assault examiner" and "sexual assault
nurse examiner" have the meanings assigned by Section 420.003,
Government Code.
SECTION 2. Article 56.021(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In addition to the rights enumerated in Article 56.02,
if the offense is a sexual assault, the 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 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;
(2) if requested, the right to a disclosure of
information regarding the status of any analysis being performed of
any evidence that was collected during the investigation of the
offense;
(3) 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;
(4) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection;
(5) for the victim of the offense, 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
(6) to the extent provided by Articles 56.06 and
56.065, for the victim of the offense, the right to a forensic
medical examination if, within 120 [96] hours of the offense, the
offense is reported to a law enforcement agency or a forensic
medical examination is otherwise conducted at a health care
facility.
SECTION 3. Article 56.06, Code of Criminal Procedure, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-1), (b-1), (b-2), (b-3), (b-4), (b-5), (g), and (h) to read as
follows:
(a) This article applies to health care facilities
described by Article 56.065.
(a-1) If a sexual assault is reported to a law enforcement
agency within 120 [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-1) [(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.
(b-1) If a sexual assault is reported to a law enforcement
agency as provided by Subsection (a-1) or (b), the law enforcement
agency shall document, in the form and manner required by the
attorney general, whether the agency requested a forensic medical
examination. The law enforcement agency shall:
(1) provide the documentation of the agency's decision
regarding a request for a forensic medical examination to:
(A) the health care facility and the sexual
assault examiner or sexual assault nurse examiner, as applicable,
who provides services to the victim that are related to the sexual
assault; and
(B) the victim or the person who consented to the
forensic medical examination on behalf of the victim; and
(2) maintain the documentation of the agency's
decision in accordance with the agency's record retention policies.
(b-2) On application to the attorney general, a health care
facility that provides a forensic medical examination to a sexual
assault survivor in accordance with this article, or the sexual
assault examiner or sexual assault nurse examiner who conducts that
examination, as applicable, is entitled to be reimbursed in an
amount set by attorney general rule for:
(1) the reasonable costs of the forensic portion of
that examination; and
(2) the evidence collection kit.
(b-3) The application under Subsection (b-2) must be in the
form and manner prescribed by the attorney general and must
include:
(1) the documentation that the law enforcement agency
requested the forensic medical examination, as required under
Subsection (b-1); and
(2) a complete and itemized bill of the reasonable
costs of the forensic portion of the examination.
(b-4) A health care facility or a sexual assault examiner or
sexual assault nurse examiner, as applicable, who applies for
reimbursement under Subsection (b-2) shall accept reimbursement
from the attorney general as payment for the costs unless:
(1) the health care facility or sexual assault
examiner or sexual assault nurse examiner, as applicable:
(A) requests, in writing, additional
reimbursement from the attorney general; and
(B) provides documentation in support of the
additional reimbursement, as reasonably requested by the attorney
general; and
(2) the attorney general determines that there is a
reasonable justification for additional reimbursement.
(b-5) A health care facility is not entitled to
reimbursement under this article unless the forensic medical
examination was conducted at the facility by a physician, sexual
assault examiner, or sexual assault nurse examiner.
(g) The attorney general shall adopt rules necessary to
implement this article.
(h) On request, the attorney general may provide training to
a health care facility regarding the process for applying for
reimbursement under this article.
SECTION 4. Article 56.065, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsections (c-1),
(c-2), (c-3), (c-4), and (l) to read as follows:
(c) In accordance with Subchapter B, Chapter 420,
Government Code, and except as provided by Subsection (e), a health
care facility shall conduct a forensic medical examination of the
victim of an alleged sexual assault if:
(1) the victim arrives at the facility within 120 [96]
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.
(c-1) On application to the attorney general, a health care
facility that provides a forensic medical examination to a sexual
assault survivor in accordance with this article, or the sexual
assault examiner or sexual assault nurse examiner who conducts that
examination, as applicable, within 120 hours after the alleged
sexual assault occurred is entitled to be reimbursed in an amount
set by attorney general rule for:
(1) the reasonable costs of the forensic portion of
that examination; and
(2) the evidence collection kit.
(c-2) The application under Subsection (c-1) 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 Subsection (c); and
(2) a complete and itemized bill of the reasonable
costs of the forensic portion of the examination.
(c-3) A health care facility or a sexual assault examiner or
sexual assault nurse examiner, as applicable, who applies for
reimbursement under Subsection (c-1) shall accept reimbursement
from the attorney general as payment for the costs unless:
(1) the health care facility or sexual assault
examiner or sexual assault nurse examiner, as applicable:
(A) requests, in writing, additional
reimbursement from the attorney general; and
(B) provides documentation in support of the
additional reimbursement, as reasonably requested by the attorney
general; and
(2) the attorney general determines that there is a
reasonable justification for additional reimbursement.
(c-4) A health care facility is not entitled to
reimbursement under this article unless the forensic medical
examination was conducted at the facility by a physician, sexual
assault examiner, or sexual assault nurse examiner.
(l) On request, the attorney general may provide training to
a health care facility regarding the process for applying for
reimbursement under this article.
SECTION 5. 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 health care facility or a sexual
assault examiner or sexual assault nurse examiner for certain costs
of a forensic medical examination that are incurred by the facility
or the examiner [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, as provided
by those articles; 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 6. Section 323.005(a), Health and Safety Code, is
amended to read as follows:
(a) The department 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,
including:
(A) a statement that public agencies are
responsible for paying for the forensic portion of an examination
conducted under Article 56.06 or 56.065, Code of Criminal
Procedure, and for the evidence collection kit used in connection
with the examination and that the health care facility or provider,
as applicable, is responsible for seeking reimbursement for those
costs[:
[(i) a law enforcement agency will pay for
the forensic portion of an examination requested by the agency
under Article 56.06, Code of Criminal Procedure, and for the
evidence collection kit; or
[(ii) the Department of Public Safety will
pay the appropriate fees for the forensic portion of an examination
conducted under Article 56.065, Code of Criminal Procedure, and for
the evidence collection kit]; and
(B) [reimbursement] information regarding the
reimbursement of the survivor for the medical portion of the
examination;
(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; and
(7) information regarding postexposure prophylaxis
for HIV infection.
SECTION 7. Section 323.0051(a), Health and Safety Code, is
amended to read as follows:
(a) The department 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 department'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 at this
hospital emergency room if you are requesting the examination not
later than 120 [96] hours after the assault.";
(B) "A report to law enforcement is not required,
but if you make a report, law enforcement must first authorize the
examination."; and
(C) "Call 1-800-656-HOPE to be connected to a
rape crisis center for free and confidential assistance."; and
(4) information on the procedure for submitting a
complaint against the health care facility.
SECTION 8. The following provisions are repealed:
(1) Article 56.06(c), Code of Criminal Procedure;
(2) Articles 56.065(a)(3) and (d), Code of Criminal
Procedure; and
(3) Section 420.031(d), Government Code.
SECTION 9. The change in law made by this Act applies to a
forensic medical examination that occurs on or after the effective
date of this Act. A forensic medical examination that occurs before
the effective date of this Act is governed by the law as it existed
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 10. This Act takes effect September 1, 2019.
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