HBA-EDN H.B. 1234 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1234
By: Naishtat
Criminal Jurisprudence
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Survivors of sexual assault commonly feel traumatized and experience a
great deal of shame.  As part of the investigation process, the victim must
go through an intrusive forensic medical examination that can also be
traumatic.  House Bill 1234 requires physicians or other medical personnel
to offer a sexual assault victim the opportunity to have an advocate or
representative present at the time of the examination. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1234 amends the Code of Criminal Procedure to require a
physician or other medical services personnel, before conducting a forensic
medical examination of a person who consents to such an examination for the
collection of evidence for an alleged sexual assault, to offer the person
the opportunity to have an advocate from a sexual assault program present
with the person during the examination.  The advocate must have completed a
specified training program and is only authorized to provide the injured
person with counseling, support services, and information regarding the
rights of crime victims.  The advocate and the sexual assault program are
prohibited from delaying or otherwise impeding the screening or
stabilization of an emergency medical condition.  The bill requires the
sexual assault program to pay all costs associated with providing the
advocate.  H.B. 1234 provides that any individual or entity, including a
health care facility, that provides an advocate with access to a person
consenting to an examination is not subject to civil or criminal liability
for providing that access.  

H.B. 1234 requires a penal institution (institution), at the request of a
person alleging to have sustained injuries as the victim of a sexual
assault while confined in the institution, to provide a representative to
be present with the person at any forensic medical examination conducted
for the purpose of collecting and preserving evidence related to the
investigation or prosecution of the alleged assault.  The representative is
only authorized to provide the injured person with counseling, support
services, and information regarding the rights of crime victims and is
prohibited from delaying or otherwise impeding the screening or
stabilization of an emergency medical condition.  The bill provides that
the representative must be approved by the institution and must be a
volunteer who has completed a sexual assault training program or a
psychologist, sociologist, chaplain, social worker, or case manager.  

EFFECTIVE DATE

September 1, 2001.