HBA-DMD H.B. 355 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 355
By: Wise
Criminal Jurisprudence
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Under current Texas law, a law enforcement agency is required to pay for a
medical examination of the victim of an offense under Title 5 (Offenses
Against the Person) or Title 6 (Offenses Against the Family), Penal Code.
Dental or mental health examinations are not normally included in the
examinations that law enforcement agencies will pay for, so the victims of
the offense are left to pay the costs of those examinations.  H.B. 355
requires a law enforcement agency to pay all costs for dental or mental
health examinations of the victim of an offense under Title 5 and Title 6,
Penal Code, and requires the Department of Protective and Regulatory
Services to pay all costs for a medical, dental, psychological or
psychiatric examination of a child. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 56.06, Code of Criminal Procedure, as follows:

Art. 56.06.  New Title:  COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS.
Requires a law enforcement agency to pay all costs for a dental or mental
health examination of a victim of an alleged felony offense under Title 5
(Offenses Against the Person) or Title 6 (Offenses Against the Family),
Penal Code, rather than the alleged offense of sexual assault.  Authorizes
a law enforcement agency or prosecuting attorney's office to pay all costs
related to testimony concerning the results of a dental or mental health
examination by a licensed health care professional in a criminal
proceeding.  Deletes "Medical Examination" from the title of the article.
Makes a nonsubstantive change. 

SECTION 2.  Amends Sections 261.302(a) and (c), Family Code, to include in
an investigation pertaining to child abuse or neglect a dental examination
of the subject child or any child in the home. 

SECTION 3.  Amends Subchapter D, Chapter 261, Family Code, by adding
Section 261.313, as follows: 

Sec. 261.313.  COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS.  Requires the
Department of Protective and Regulatory Services (department) or designated
agency or designee of the department or agency to pay all costs of a
medical, dental, psychological or psychiatric  examination of a child
conducted by the department or agency under Section 261.302 (Conduct of
Investigation). 

SECTION 4.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 5.Emergency clause.