87(R) HB 2706 - Enrolled version - Bill Text

	H.B.  No.  2706

	AN ACT
	relating to the emergency services and care provided to victims of
	sexual assault and other sex offenses and to the processes
	associated with preserving and analyzing the evidence of those
	offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Chapter 38, Code of Criminal Procedure, is
	amended by adding Article 38.435 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.252, Code of Criminal Procedure, is
	amended to conform to Sections 3 and 8, Chapter 1037 (H.B.  616),
	Acts of the 86th Legislature, Regular Session, 2019, and is further
	amended to read as follows:
	Art.  56A.252.    PAYMENT OF COSTS OF EXAMINATION.  (a)  [A law
	enforcement agency that requests a forensic medical examination
	under Article 56A.251 shall pay all costs of the examination.]  On
	application to the attorney general, a health care provider that
	provides a forensic medical examination to a sexual assault
	survivor in accordance with this subchapter, or the [law
	enforcement agency is entitled to be reimbursed for the reasonable
	costs of the examination if the examination was performed by a
	physician or by a] sexual assault examiner or sexual assault nurse
	examiner who conducts the 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  [defined by Section
	420.003, Government Code].
	(b)    The application under Subsection (a) must be in the form
	and manner prescribed by the attorney general and must include:
	(1)    the documentation of the law enforcement agency's
	request for the forensic medical examination, as required under
	Article 56A.251(d); and
	(2)    a complete and itemized bill of the reasonable
	costs of the forensic portion of the examination.
	(c)    A health care provider or a sexual assault examiner or
	sexual assault nurse examiner, as applicable, who applies for
	reimbursement under Subsection (a) shall accept reimbursement from
	the attorney general as payment for the costs unless:
	(1)    the health care provider 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.
	(d)    A health care provider is not entitled to reimbursement
	under this article unless the forensic medical examination is
	conducted on the premises of the provider by a sexual assault
	examiner or sexual assault nurse examiner.
	(e)    On request, the attorney general may provide training to
	a health care provider regarding the process for applying for
	reimbursement under this article.
	SECTION  3.    Article 56A.254, Code of Criminal Procedure, is
	amended to read as follows:
	Art.  56A.254.    PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE.
	The attorney general may make a payment to or on behalf of an
	individual for the reasonable costs incurred for medical care
	provided in accordance with Sections [Section] 323.004, 323.053,
	and 323.054, Health and Safety Code.
	SECTION  4.    Article 56A.302, Code of Criminal Procedure, is
	amended to read as follows:
	Art.  56A.302.    APPLICABILITY. This subchapter applies to
	the following health care providers  [facilities] that provide
	diagnosis or treatment services to victims of sexual assault:
	(1)    a general or special hospital licensed under
	Chapter 241, Health and Safety Code;
	(2)    a general or special hospital owned by this state;