H.B. No. 616

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 616 was passed by the House on April
	17, 2019, by the following vote:  Yeas 141, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 616 on May 24, 2019, by the following vote:  Yeas 142, Nays 0, 2
	present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 616 was passed by the Senate, with
	amendments, on May 22, 2019, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor