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  S.B. No. 1401
 
 
 
 
AN ACT
  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 [F or] G, Chapter 56A, may not be used to
  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;
  [under Article 56A.252 for a victim of an alleged sexual assault,]
  and
                     (C)  when requested, providing a [to] referral to
  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 [to the
  extent] provided by Subchapter [Subchapters F and] G [if, within
  120 hours of the offense:
                           [(i)  the offense is reported to a law
  enforcement agency; or
                           [(ii)  a forensic medical examination is
  otherwise conducted at a health care provider].
         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 [NOT REPORTING ASSAULT]
         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) [(1)]  the victim arrives at the provider:
                           (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
               [(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].
         (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, [within 120 hours after the 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; 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 [may] make a payment to a
  victim of a sexual assault or on behalf of a victim of a sexual
  assault [an individual] for the reasonable costs incurred for
  medical care that is provided to the victim as described by Article
  56A.304(a) [in accordance with Sections 323.004, 323.053, and
  323.054, Health and Safety Code].
         (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 [collected under this
  subchapter] to a crime laboratory or other suitable location
  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 [described by Subsection (a)] shall preserve the
  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
  [described by Subsection (a)] may destroy the evidence on the
  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 [:
               [(1)  the entity provides written notification to the
  victim of the offense, in a trauma-informed manner, of the decision
  to destroy the evidence that includes:
                     [(A)  detailed instructions on how the victim may
  make a written objection to the decision, including contact
  information for the entity; or
                     [(B)  a standard form for the victim to complete
  and return to the entity to make a written objection to the
  decision; and
               [(2)  a written] objection is not received by the
  entity from the victim before the 91st day after the date on which
  the entity entered the notice [notifies the victim] of the planned
  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 [56A.303(a)].
         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 [56A.303(a)]; and
               (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 [about:
                     [(A)] 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
  [under Article 56A.252 for a victim of an alleged sexual assault];
  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
  [about:
                           [(i)]  the costs that may be compensated
  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 [under Article 56A.252 for a victim of an alleged
  sexual assault]; and
                           (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 [F or] G, Chapter 56A[, as provided
  by those subchapters]; and
               (2)  make a payment to or on behalf of a victim of a
  sexual assault [an individual] for the reasonable costs incurred
  for medical care provided under Subchapter [F or] G, Chapter 56A, as
  described by Article 56A.305 [in accordance with Section 323.004,
  Health and Safety Code].
         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 [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, Chapter 56A, Code of Criminal
  Procedure, for a forensic medical examination; [of medical expenses
  under Subchapter F, Chapter 56A, Code of Criminal Procedure, for a
  victim of a sexual assault,] and
                     (C)  when requested, providing a [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 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 [F], Chapter 56A, Code of Criminal
  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 [F or] G, Chapter 56A, Code of Criminal Procedure,
  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 [if the examination has been requested by a law
  enforcement agency under Subchapter F, Chapter 56A, Code of
  Criminal Procedure, or is conducted under] Subchapter G, Chapter
  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[, including:
                     [(A)  a statement that public agencies are
  responsible for paying for the forensic portion of an examination
  conducted under Subchapter F or G, Chapter 56A, 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; and
                     [(B)  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;
               (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)  ["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
  sexual assault [rape] crisis center for free and confidential
  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
  [rape] crisis center.
         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 [if the examination has been requested by a law
  enforcement agency under Subchapter F, Chapter 56A, Code of
  Criminal Procedure, or if the examination is performed in
  accordance with] Subchapter G, Chapter 56A, Code of Criminal
  Procedure.
         (c)  A sexual assault examiner or sexual assault nurse
  examiner employed by or under contract with a SAFE program must
  obtain the [a sexual assault survivor's informed, written] consent
  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 [the] costs described by Article
  56A.304(a), Code of Criminal Procedure [of the forensic portion of
  the forensic medical examination or for the evidence collection
  kit].
         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 [F or] G, Chapter 56A, Code of Criminal Procedure, until
  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