Art. 56A.351.  PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE.  (a)  Before conducting a forensic medical examination of a victim who consents to the examination for the collection of evidence for an alleged sexual assault, the physician or other medical services personnel conducting the examination shall offer the victim the opportunity to have an advocate from a sexual assault program as defined by Section 420.003, Government Code, be present with the victim during the examination, if the advocate is available at the time of the examination.  The advocate must have completed a sexual assault training program described by Section 420.011(b), Government Code.
(b)  An advocate may only provide the victim with:
(1)  counseling and other support services; and
(2)  information regarding the rights of crime victims under Subchapter B.
(c)  Notwithstanding Subsection (a), an advocate and a sexual assault program providing the advocate may not delay or otherwise impede the screening or stabilization of an emergency medical condition.
(d)  A sexual assault program providing an 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 under Subsection (a) to a victim consenting to a forensic medical examination is not subject to civil or criminal liability for providing that access.  In this article, "health care facility" includes a hospital licensed under Chapter 241, Health and Safety Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.05, eff. January 1, 2021.