Relating to the provision of forensic medical examinations to victims of alleged intimate partner violence or strangulation assault and to compensation for those examinations under the Crime Victims' Compensation Act.

The text as introduced · 2,380 words

90R1214 AJZ-F

By: Anchía
H.B. No. 852

A BILL TO BE ENTITLED

AN ACT

relating to the provision of forensic medical examinations to

victims of alleged intimate partner violence or strangulation

assault and to compensation for those examinations under the Crime

Victims' Compensation Act.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 56A.051(a), Code of Criminal Procedure,

as amended by Chapters 179 (S.B. 761), 339 (S.B. 9), 365 (H.B. 47),

and 797 (S.B. 1120), Acts of the 89th Legislature, Regular Session,

2025, is reenacted and 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 in the

manner provided by Article 56A.0525:

(A) by the attorney representing the state of

relevant court proceedings, including appellate proceedings, at

least five business days before the date of each proceeding or

otherwise as soon as reasonably practicable, and to be informed as

soon as possible 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 in the

manner provided by Article 56A.0525:

(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:

(i) the general procedures in the criminal

justice system, including general procedures in guilty plea

negotiations and arrangements, restitution, and the appeals and

parole process; and

(ii) whether the defendant has fully

complied with any conditions of the defendant's bail;

(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, in the manner

provided by Article 56A.0525:

(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 that is related to

the sexual assault and provided to the victim during the 30-day

period following that examination, as provided by Subchapter G;

[ and ]

(C) for a victim of alleged intimate partner

violence or strangulation assault, as those terms are defined by

Article 56A.251, regarding the payment for a forensic medical

examination under Article 56A.254; and

(D) when requested, providing a referral to

available social service agencies that may offer additional

assistance;

(7) the right to:

(A) be informed, on request, and in the manner

provided by Article 56A.0525, 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 in the manner provided by Article

56A.0525, if requested, of:

(i) parole proceedings concerning a

defendant in the victim's case;

(ii) the defendant's release on parole for

the offense involving the victim, including the county in which the

defendant is required to reside, and the nonconfidential conditions

of the defendant's parole, including any condition:

(a) prohibiting the defendant from

going near the victim's home or work; or

(b) requiring the defendant to

complete a battering intervention and prevention program

established under Article 42.141;

(iii) any offense with which the defendant

is charged while released on parole for the offense involving the

victim, if the department is aware of the offense;

(iv) the issuance of any warrant under

Section 508.251, Government Code, for the return of the defendant;

and

(v) any revocation of the defendant's

parole for the offense involving the victim;

(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, in the manner provided

by Article 56A.0525, 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 sexual assault or a victim of

assault or [ , ] aggravated assault [ , or sexual assault ] who is

younger than 17 years of age or whose case involves family violence,

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 2. Chapter 56A, Code of Criminal Procedure, is

amended by adding Subchapter F to read as follows:

SUBCHAPTER F. FORENSIC MEDICAL EXAMINATION OF ALLEGED INTIMATE

PARTNER VIOLENCE VICTIM OR STRANGULATION ASSAULT VICTIM

Art. 56A.251. DEFINITIONS. In this subchapter:

(1) "Department" means the Department of Public Safety

of the State of Texas.

(2) "Intimate partner violence" means an offense

committed under the following provisions of the Penal Code by a

person against a victim who is the person's spouse or whose

relationship to or association with the person is described by

Section 71.0021(b), Family Code:

(A) Section 22.01 or 22.02, if:

(i) the person is alleged to have

recklessly impeded the normal breathing or circulation of the blood

of the victim by applying pressure to the victim's throat or neck or

by blocking the victim's nose or mouth; and

(ii) the victim lost consciousness as a

result of the offense;

(B) Section 22.011;

(C) Section 22.012; or

(D) Section 22.021.

(3) "Minor" has the meaning assigned by Section

101.003, Family Code.

(4) "Strangulation assault" means an offense

committed by a person under Section 22.01 or 22.02, Penal Code, if:

(A) the person is alleged to have recklessly

impeded the normal breathing or circulation of the blood of the

victim by applying pressure to the victim's throat or neck or by

blocking the victim's nose or mouth; and

(B) the victim lost consciousness as a result of

the offense.

Art. 56A.252. APPLICABILITY. This subchapter applies to

the following health care providers that provide diagnosis or

treatment services to victims of alleged intimate partner violence

or 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;

(4) a private physician's office; and

(5) a SAFE program as defined by Section 323.051,

Health and Safety Code.

Art. 56A.253. FORENSIC MEDICAL EXAMINATION OF ALLEGED

INTIMATE PARTNER VIOLENCE VICTIM OR STRANGULATION ASSAULT VICTIM.

(a) Except as provided by Subsection (b), a health care provider

shall conduct a forensic medical examination of:

(1) a victim of alleged intimate partner violence or

strangulation assault who is a minor, 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 alleged intimate partner violence or

strangulation assault who is not a minor, if:

(A) the victim arrives at the provider:

(i) within 120 hours after the violence or

assault occurred; or

(ii) later than 120 hours after the

violence or assault occurred, and the victim is:

(a) referred for a forensic medical

examination by a law enforcement agency under Subsection (c); 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.

(b) If a health care provider does not provide diagnosis or

treatment services to victims of intimate partner violence or

strangulation assault, the provider shall refer a victim of alleged

intimate partner violence or strangulation assault who seeks a

forensic medical examination under Subsection (a) to a health care

provider that provides services to those victims.

(c) A law enforcement agency shall refer a victim of alleged

intimate partner violence or strangulation assault for a forensic

medical examination, to be conducted in accordance with Subsection

(a), if the intimate partner violence or strangulation assault is

reported to a law enforcement agency within 120 hours after the

violence or assault or, if the victim is a minor, regardless of when

the intimate partner violence or strangulation assault is reported.

(d) A law enforcement agency may make the same referral

described by Subsection (c) with respect to a victim of alleged

intimate partner violence or strangulation assault who is not a

minor and who does not report the intimate partner violence or

strangulation assault within the 120-hour period required by that

subsection if the agency believes that a forensic medical

examination may further an intimate partner violence or

strangulation assault investigation or prosecution.

(e) A victim of alleged intimate partner violence or

strangulation assault may not be required to:

(1) participate in the investigation or prosecution of

an offense as a condition of receiving a forensic medical

examination described by this article; or

(2) pay for the forensic medical examination under

this article.

(f) A forensic medical examination described by this

article may only be performed by a sexual assault nurse examiner.

Art. 56A.254. COSTS OF FORENSIC MEDICAL EXAMINATION. (a)

On application to the attorney general, a health care provider or a

sexual assault nurse examiner who provides a forensic medical

examination to a victim of alleged intimate partner violence or

strangulation assault in accordance with Article 56A.253 is

entitled to be compensated for the reasonable costs of the forensic

medical examination.

(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 Article 56A.253; and

(2) a complete and itemized bill of the reasonable

costs of the forensic medical examination.

(c) On request, the attorney general may provide training to

a health care provider or sexual assault nurse examiner regarding

the process for applying for reimbursement under this article.

(d) A health care provider is not entitled to reimbursement

under this article unless the forensic medical examination was

conducted on the premises of the provider by a sexual assault nurse

examiner.

SECTION 3. 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 described by

Article 56A.252 or a sexual assault nurse examiner for the costs of

a forensic medical examination that are incurred by the provider or

examiner under Subchapter F, Chapter 56A;

(2) 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 G, Chapter 56A; and

(3) [ (2) ] make a payment to or on behalf of a victim of

a sexual assault for the reasonable costs incurred for medical care

provided under Subchapter G, Chapter 56A, as described by Article

56A.305.

SECTION 4. The changes in law made by this Act apply only to

victims of criminally injurious conduct occurring on or after the

effective date of this Act. Criminally injurious conduct

occurring before the effective date of this Act is governed by the

law in effect on the date the conduct occurred, and the former law

is continued in effect for that purpose. For purposes of this

section, criminally injurious conduct occurred before the

effective date of this Act if any element of the offense underlying

the conduct occurred before that date.

SECTION 5. This Act takes effect September 1, 2027.