HBA-SEP H.B. 131 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 131
By: Deshotel
Criminal Jurisprudence
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a law enforcement agency (agency) that
requested a medical examination of a victim of an alleged sexual assault
for use in the investigation or prosecution of the offense was required to
pay all costs of the examination.  This examination can be costly and while
there are avenues for agencies in larger metropolitan areas regarding
allocation of examination costs, agencies in less populous areas may have
been at a disadvantage.  A sexual assault victim should not be dependent on
an agency budget but because of the examination costs some of these
agencies may have been reluctant to refer victims.  House Bill 131 entitles
a law enforcement agency to be reimbursed for the reasonable costs of a
medical examination of a victim of an alleged sexual assault if that
information is to be used in the investigation or prosecution of the
offense.   

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 131 amends the Code of Criminal Procedure to entitle, upon
application to the attorney general, a law enforcement agency to be
reimbursed for the reasonable costs of a medical examination of a victim of
an alleged sexual assault if the examination was performed by a physician
or by a sexual assault examiner or sexual assault nurse examiner and if
that information is to be used in the investigation or prosecution of the
offense.  The bill also authorizes the attorney general to use the
compensation to victims of crime fund to reimburse a law enforcement agency
for the incurred costs.   

EFFECTIVE DATE

June 17, 2001.