HBA-EDN H.B. 1234 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1234 By: Naishtat Criminal Jurisprudence 3/5/2001 Introduced 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 a sexual assault advocate from a sexual assault program 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 alleges to have sustained injuries as the victim of a sexual assault, to offer the person the opportunity to have an advocate from a sexual assault program present during the examination. The advocate 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 a health care facility, including a hospital licensed under the Texas Hospital Licensing Law that provides an advocate with access to an injured person for purposes of these provisions, is not subject to civil or criminal liability for providing that access. EFFECTIVE DATE September 1, 2001.