88R4792 AJZ-F     By: A. Johnson of Harris H.B. No. 2668       A BILL TO BE ENTITLED   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   and for any prescribed continuing medical care provided to the   victim during the 30-day period following that 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; and                      (C)  any prescribed continuing medical care   provided to the victim during the 30-day period following a   forensic medical examination, as provided by Subchapter 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 in accordance with Subchapters A and B,   Chapter 323, Health and Safety Code, consisting of medical care   provided during the forensic medical examination and any prescribed   continuing medical care provided to the victim during the 30-day   period following the examination, including medication and medical   testing.          (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 TESTING AND   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 all   testing and medical care that are provided to the victim as   described by Articles 56A.304(a)(1), (2), and (3) [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   and for any prescribed continuing medical care provided to the   victim during the 30-day period following that 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 and for any prescribed continuing medical care provided   to the victim during the 30-day period following that 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 testing and [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 and for any   prescribed continuing medical care provided to the victim during   the 30-day period following that 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 testing and 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.";                      (B)  "A report to law enforcement is not required,   but if you are an adult survivor who for any reason did not make a   timely request for the forensic medical examination [make a   report], law enforcement may be required to [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.  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.          SECTION 27.  This Act takes effect September 1, 2023.