Tex.
Code of Crim. Proc. Article 56A.302
Applicability
(1)
a general or special hospital licensed under Chapter 241 (Hospitals), 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 (Definitions), Health and Safety Code.(a)
In accordance with Subchapter B (Evidence Collection Protocol; Kits), Chapter 420 (Sexual Assault Prevention and Crisis Services), 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 (Child or Minor; Adult), 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 (Consent to Treatment by Child) or 32.005 (Examination Without Consent of Abuse or Neglect of Child), Family Code; and(2)
a victim of a sexual assault who is not a minor, if:(A)
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.(b)
If a health care provider does not provide diagnosis or treatment services to victims of sexual assault, the provider shall refer a victim of a sexual assault who seeks a forensic medical examination under Subsection (a) to a health care provider that provides services to those victims.(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 (Child or Minor; Adult), 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.(c)
A victim of a sexual assault may not be required to participate in the investigation or prosecution of an offense as a condition of receiving a forensic medical examination under this article.
Source:
Article 56A.302 — Applicability, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.56A.htm#56A.302 (accessed Apr. 13, 2024).
