86R5773 AJZ-D
	By: Farrar	H.B. No. 3566

	A BILL TO BE ENTITLED
	AN ACT
	relating to the forensic examination of a victim of an alleged
	strangulation assault or sexual assault.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 56.01, Code of Criminal Procedure, is
	amended by adding Subdivisions (1-a) and (2-b) and amending
	Subdivision (3) to read as follows:
	(1-a)  "Forensic nurse" means a registered nurse who
	provides care primarily to populations affected by violence and
	trauma and who has received at least two hours of training on the
	treatment of victims of family violence and strangulation.
	(2-b)  "Strangulation assault" means an offense under
	Section 22.01, 22.011, 22.02, 22.021, 22.04, or 22.05, Penal Code,
	that is committed by impeding the normal breathing or circulation
	of the blood of the person by applying pressure to the person's
	throat or neck or by blocking the person's nose or mouth.
	(3)  "Victim" means a person who is the victim of the
	offense of assault, aggravated assault, sexual assault,
	kidnapping, aggravated robbery, trafficking of persons, deadly
	conduct, or injury to a child, elderly individual, or disabled
	individual or who has suffered personal injury or death as a result
	of the criminal conduct of another.
	SECTION 2.  Article 56.02(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 law enforcement agencies
	adequate protection from harm and threats of harm arising from
	cooperation with prosecution efforts;
	(2)  the right to have the magistrate take the safety of
	the victim or his family into consideration as an element in fixing
	the amount of bail for the accused;
	(3)  the right, if requested, 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 prior to the event; and
	(B)  by an appellate court of decisions of the
	court, after the decisions are entered but before the decisions are
	made public;
	(4)  the right to be informed, when requested, by a
	peace officer concerning the defendant's right to bail and the
	procedures in criminal investigations and by the district
	attorney's office 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
	probation department conducting a presentencing investigation
	concerning the impact of the offense on the victim and his family by
	testimony, written statement, or any other manner prior to any
	sentencing of the offender;
	(6)  the right to receive information regarding
	compensation to victims of crime as provided by Subchapter B,
	including information related to the costs that may be compensated
	under that subchapter and the amount of compensation, eligibility
	for compensation, and procedures for application for compensation
	under that subchapter, the payment for a medical examination for a
	victim of a sexual assault under Article 56.06 or 56.065 or for a
	victim of a strangulation [sexual] assault under Article 56.066 or
	56.067, and when requested, to referral to available social service
	agencies that may offer additional assistance;
	(7)  the right to be informed, upon request, of parole
	procedures, to participate in the parole process, to be notified,
	if requested, of parole proceedings concerning a defendant in the
	victim's case, to provide to the Board of Pardons and Paroles for
	inclusion in the defendant's file information to be considered by
	the board prior to the parole of any defendant convicted of any
	crime subject to this subchapter, and to be notified, if requested,
	of the defendant's release;
	(8)  the right to be provided with a waiting area,
	separate or secure from other witnesses, including the offender and
	relatives of the offender, before testifying in any proceeding
	concerning the offender; if a separate waiting area is not
	available, other safeguards should be taken to minimize the
	victim's contact with the offender and the offender'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 request victim-offender mediation
	coordinated by the victim services division of the Texas Department
	of Criminal Justice;
	(12)  the right to be informed of the uses of a victim
	impact statement and the statement's purpose in the criminal
	justice system, 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 of Pardons and Paroles before an
	inmate 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 counsel for the defendant, 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.  Subchapter A, Chapter 56, Code of Criminal
	Procedure, is amended by adding Articles 56.066 and 56.067 to read
	as follows:
	Art. 56.066.  MEDICAL EXAMINATION FOR STRANGULATION ASSAULT
	VICTIM WHO HAS REPORTED ASSAULT; COSTS.  (a)  If a strangulation
	assault is reported to a law enforcement agency within 120 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
	strangulation assault has made one or more false reports of
	offenses involving family violence, as defined by Section 71.004,
	Family Code, to any law enforcement agency and if there is no other
	evidence to corroborate the current allegations of strangulation
	assault.
	(b)  If a strangulation assault is not reported within the
	period described by Subsection (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
	strangulation assault as considered appropriate by the agency.
	(c)  On application to the attorney general, a health care
	facility that provides a forensic medical examination to a
	strangulation assault victim in accordance with this article is
	entitled to be compensated for the reasonable costs of the forensic
	portion of that examination and for the strangulation assault
	evidence collection kit, not to exceed the amount the law
	enforcement agency would otherwise be required to pay under
	Subsection (d), if the examination was performed by a forensic
	nurse.
	(d)  A law enforcement agency that requests a forensic
	medical examination of a victim of an alleged strangulation assault
	for use in the investigation or prosecution of the offense shall pay
	the costs, less any amount to be paid directly to the health care
	facility by the attorney general under Subsection (c), of the
	forensic portion of the examination and of the strangulation
	assault evidence collection kit. On application to the attorney
	general, the law enforcement agency is entitled to be reimbursed
	for the reasonable costs of the forensic portion of that
	examination and of the strangulation assault evidence collection
	kit if the examination was performed by a forensic nurse.
	(e)  A law enforcement agency or prosecuting attorney's
	office may pay all costs related to the testimony of a forensic
	nurse in all criminal proceedings regarding the results of the
	forensic medical examination or manner in which it was performed.
	(f)  This article does not require a law enforcement agency
	to pay any costs of treatment for injuries.
	(g)  The attorney general may make a payment to or on behalf
	of an individual for the reasonable costs incurred for medical care
	provided to a victim of an alleged strangulation assault.
	Art. 56.067.  MEDICAL EXAMINATION FOR STRANGULATION ASSAULT
	VICTIM WHO HAS NOT REPORTED ASSAULT; COSTS.  (a)  In this article:
	(1)  "Crime laboratory" has the meaning assigned by
	Article 38.35.
	(2)  "Department" means the Department of Public
	Safety.
	(b)  This article applies to the following health care
	facilities that provide diagnosis or treatment services to victims
	of strangulation 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;
	(3)  an outpatient clinic; and
	(4)  a private physician's office.
	(c)  Except as provided by Subsection (f), a health care
	facility shall conduct a forensic medical examination of the victim
	of an alleged strangulation assault if:
	(1)  the victim arrives at the facility within 120
	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.
	(d)  On application to the attorney general, a health care
	facility that provides a forensic medical examination to a
	strangulation assault victim in accordance with this article is
	entitled to be compensated for the appropriate costs of the
	forensic portion of that examination and for the strangulation
	assault evidence collection kit, not to exceed the amount the
	department would otherwise be required to pay under Subsection (e),
	if a forensic nurse conducts the forensic portion of the
	examination within 120 hours after the alleged strangulation
	assault occurred.
	(e)  The department shall pay the appropriate fees, as set by
	attorney general rule, less any amount to be paid directly to the
	health care facility by the attorney general under Subsection (d),
	for the forensic portion of the medical examination and for the
	strangulation assault evidence collection kit if a forensic nurse
	conducts the forensic portion of the examination within 120 hours
	after the alleged strangulation assault occurred.  The attorney
	general shall reimburse the department for fees paid under this
	subsection.
	(f)  If a health care facility does not provide diagnosis or
	treatment services to victims of strangulation assault, the
	facility shall refer a victim seeking a forensic medical
	examination under Subsection (c) to a health care facility that
	provides services to those victims.
	(g)  The department may develop procedures regarding the
	submission or collection of additional evidence of the alleged
	strangulation assault other than through an examination as
	described by this article.  The department shall develop procedures
	for the transfer and preservation of evidence collected under this
	article to a crime laboratory or other suitable location designated
	by the public safety director of the department.
	(h)  The victim may not be required to:
	(1)  participate in the investigation or prosecution of
	an offense as a condition of receiving a forensic medical
	examination under this article; or
	(2)  pay for the forensic portion of the medical
	examination or for the strangulation assault evidence collection
	kit.
	(i)  The attorney general and the department each shall adopt
	rules as necessary to implement this article.
	(j)  A communication or record that contains identifying
	information regarding a person who receives a forensic medical
	examination under this article and that is created by, provided to,
	or in the control or possession of the department is confidential
	for purposes of Section 552.101, Government Code.  In this
	subsection, "identifying information" includes:
	(1)  information revealing the identity, personal
	history, or background of the person; or
	(2)  information concerning the victimization of the
	person.
	SECTION 4.  Article 56.07(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)  At the initial contact or at the earliest possible time
	after the initial contact between the victim of a reported crime and
	the law enforcement agency having the responsibility for
	investigating that crime, that agency shall provide the victim a
	written notice containing:
	(1)  information about the availability of emergency
	and medical services, if applicable;
	(2)  notice that the victim has the right to receive
	information regarding compensation to victims of crime as provided
	by Subchapter B, Chapter 56, including information about:
	(A)  the costs that may be compensated under that
	Act and the amount of compensation, eligibility for compensation,
	and procedures for application for compensation under that Act;
	(B)  the payment for a medical examination for a
	victim of a sexual assault under Article 56.06 or 56.065 [of this
	code]; [and]
	(C)  the payment for a medical examination for a
	victim of a strangulation assault under Article 56.066 or 56.067;
	and
	(D)  referral to available social service
	agencies that may offer additional assistance;
	(3)  the name, address, and phone number of the law
	enforcement agency's victim assistance liaison;
	(4)  the address, phone number, and name of the crime
	victim assistance coordinator of the office of the attorney
	representing the state;
	(5)  the following statement:
	"You may call the law enforcement agency's telephone number
	for the status of the case and information about victims' rights";
	and
	(6)  the rights of crime victims under Articles 56.02
	and 56.021.
	SECTION 5.  Article 56.08(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)  a brief general statement of each procedural stage
	in the processing of a criminal case, including bail, plea
	bargaining, parole restitution, and appeal;
	(2)  notification of the rights and procedures under
	this chapter;
	(3)  suggested steps the victim may take if the victim
	is subjected to threats or intimidation;
	(4)  notification of the right to receive information
	regarding compensation to victims of crime as provided by
	Subchapter B, including information about:
	(A)  the costs that may be compensated under
	Subchapter B, eligibility for compensation, and procedures for
	application for compensation under Subchapter B of this chapter;
	(B)  the payment for a medical examination for a
	victim of a sexual assault under Article 56.06 or 56.065; [and]
	(C)  the payment for a medical examination for a
	victim of a strangulation assault under Article 56.066 or 56.067;
	and
	(D)  referral to available social service
	agencies that may offer additional assistance;
	(5)  the name, address, and phone number of the local
	victim assistance coordinator;
	(6)  the case number and assigned court for the case;
	(7)  the right to file a victim impact statement with
	the office of the attorney representing the state and the Texas
	Department of Criminal Justice; and
	(8)  notification of 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 of Pardons and Paroles as provided by Section
	508.153, Government Code.
	SECTION 6.  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 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, 56.066, or
	56.067; [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;
	(3)  compensate a health care facility for certain
	costs of a forensic medical examination that are incurred by the
	facility under Article 56.066 or 56.067, as provided by those
	articles; and
	(4)  make a payment to or on behalf of an individual for
	the reasonable costs incurred for medical care provided under
	Article 56.066 or 56.067.
	SECTION 7.  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 regarding
	compensation to victims as provided by Subchapter B, Chapter 56,
	Code of Criminal Procedure, including information related to the
	costs that may be compensated under that subchapter and the amount
	of compensation, eligibility for compensation, and procedures for
	application for compensation under that subchapter, the payment of
	medical expenses for a victim of a sexual assault under Article
	[Section] 56.06 or 56.065, Code of Criminal Procedure, or for a
	victim of a strangulation assault under Article 56.066 or 56.067,
	Code of Criminal Procedure [for a victim of a sexual assault], and
	when requested, 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 Article 56.02 or 56.021, Code
	of Criminal Procedure.
	SECTION 8.  This Act takes effect September 1, 2019.