Texas Code of Criminal Procedure - Article 56.045. Presence Of Advocate Or Representative During Forensic Medical Examination
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Art. 56.045. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
FORENSIC MEDICAL EXAMINATION. (a) 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, the
physician or other medical services personnel conducting the
examination shall offer the person the opportunity to have an
advocate from a sexual assault program as defined by Section
420.003, Government Code, who has completed a sexual assault
training program described by Section 420.011(b), Government Code,
present with the person during the examination, if the advocate is
available at the time of the examination.
(b) The advocate may only provide the injured person with:
(1) counseling and other support services; and
(2) information regarding the rights of crime victims under
Article 56. 02.
(c) Notwithstanding Subsection (a), the advocate and the
sexual assault program providing the advocate may not delay or
otherwise impede the screening or stabilization of an emergency
medical condition.
(d) The sexual assault program providing the advocate shall
pay all costs associated with providing the advocate.
(e) Any individual or entity, including a health care
facility, that provides an advocate with access to a person
consenting to an examination under Subsection (a) is not subject to
civil or criminal liability for providing that access. In this
subsection, "health care facility" includes a hospital licensed
under Chapter 241, Health and Safety Code.
(f) If a person alleging to have sustained injuries as the
victim of a sexual assault was confined in a penal institution, as
defined by Section 1.07, Penal Code, at the time of the alleged
assault, the penal institution shall provide, at the person's
request, 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 may only
provide the injured person with counseling and other support
services and with information regarding the rights of crime victims
under Article 56.02 and may not delay or otherwise impede the
screening or stabilization of an emergency medical condition. The
representative must be approved by the penal institution and must
be a:
(1) psychologist;
(2) sociologist;
(3) chaplain;
(4) social worker;
(5) case manager; or
(6) volunteer who has completed a sexual assault training
program described by Section 420.011(b), Government Code.
Added by Acts 2001, 77th Leg., ch. 1019, Sec. 1, eff. Sept. 1, 2001.
Article: 55.04 55.05 55.06 56.01 56.02 56.03 56.04 56.045 56.05 56.06 56.07 56.08 56.09 56.10 56.11
Last modified: August 10, 2007
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