Bill Summary – FastDemocracy

   
      87(R) HB 2462 - Enrolled version - Bill Text
      
            H.B.  No.  2462
         
               AN ACT
            
            relating to the reporting of a sexual assault, to evidence of a 
         
            sexual assault or other sex offense, and to other law enforcement 
         
            procedures 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 56A.052(a), Code of Criminal Procedure, 
         
            is amended to conform to Section 2, Chapter 1037 (H.B. 616), Acts of 
         
            the 86th Legislature, Regular Session, 2019, and is further 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 to the extent 
         
            provided by Subchapters F and G if, within 120 [96] 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 [facility].
         
                          SECTION  2.    Subchapter F, Chapter 56A, Code of Criminal 
         
            Procedure, is amended to conform to Section 3, Chapter 1037 (H.B. 
         
            616), Acts of the 86th Legislature, Regular Session, 2019, by 
         
            adding Article 56A.2505 and further amending that article to read 
         
            as follows:
         
                          Art.  56A.2505.    APPLICABILITY.  This subchapter applies to 
         
            health care providers described by Article 56A.302.
         
                          SECTION  3.    Subchapter F, Chapter 56A, Code of Criminal 
         
            Procedure, is amended by adding Article 56A.2506 to read as 
         
            follows:
         
                          Art.  56A.2506.    DEFINITION.  In this subchapter, "reported 
         
            sexual assault" means a sexual assault that has been reported to a 
         
            law enforcement agency.
         
                          SECTION  4.    Article 56A.251, Code of Criminal Procedure, is 
         
            amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of 
         
            the 86th Legislature, Regular Session, 2019, and is further amended 
         
            to read as follows:
         
                          Art.  56A.251.    REQUEST FOR FORENSIC MEDICAL EXAMINATION.  
         
            (a)   If [Except as provided by Subsection (b), if] a sexual assault 
         
            is reported to a law enforcement agency within 120 [96] hours after 
         
            the assault, the law enforcement agency, with the consent of the 
         
            victim of the reported [alleged] assault, 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 for use in the investigation or 
         
            prosecution of the offense.




	AN ACT
	relating to the reporting of a sexual assault, to evidence of a
	sexual assault or other sex offense, and to other law enforcement
	procedures 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 56A.052(a), Code of Criminal Procedure,
	is amended to conform to Section 2, Chapter 1037 (H.B. 616), Acts of
	the 86th Legislature, Regular Session, 2019, and is further 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 to the extent
	provided by Subchapters F and G if, within 120 [96] 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 [~~facility~~].
	SECTION 2. Subchapter F, Chapter 56A, Code of Criminal
	Procedure, is amended to conform to Section 3, Chapter 1037 (H.B.
	616), Acts of the 86th Legislature, Regular Session, 2019, by
	adding Article 56A.2505 and further amending that article to read
	as follows:
	Art. 56A.2505. APPLICABILITY. This subchapter applies to
	health care providers described by Article 56A.302.
	SECTION 3. Subchapter F, Chapter 56A, Code of Criminal
	Procedure, is amended by adding Article 56A.2506 to read as
	follows:
	Art. 56A.2506. DEFINITION. In this subchapter, "reported
	sexual assault" means a sexual assault that has been reported to a
	law enforcement agency.
	SECTION 4. Article 56A.251, Code of Criminal Procedure, is
	amended to conform to Section 3, Chapter 1037 (H.B. 616), Acts of
	the 86th Legislature, Regular Session, 2019, and is further amended
	to read as follows:
	Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION.
	(a) If [~~Except as provided by Subsection (b), if~~] a sexual assault
	is reported to a law enforcement agency within 120 [96] hours after
	the assault, the law enforcement agency, with the consent of the
	victim of the reported [~~alleged~~] assault, 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 for use in the investigation or
	prosecution of the offense.