Tex. Code Crim. Proc. art. 56A.303 · Subchapter G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT VICTIM
FORENSIC MEDICAL EXAMINATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In accordance with Subchapter B, Chapter 420, 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, 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 or 32.005, 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, 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.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.05, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 7, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.012(a), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 5, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.56A.htm
- Text hash
- sha256 01ea67281f9fbaee3bb8090f6255607ec0cbede5e9b2e3d292e1ec46096e170e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
- Tex. Fam. Code § 32.003CONSENT TO TREATMENT BY CHILD.Printed as Section 32.003 or 32.005, Family Code
- Tex. Fam. Code § 32.005EXAMINATION WITHOUT CONSENT OF ABUSE OR NEGLECT OF CHILD.Printed as Section 32.003 or 32.005, Family Code
- Tex. Fam. Code § 101.003CHILD OR MINOR; ADULT.Printed as Section 101.003, Family Code
Cited by 5 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 56A.303. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 56A.304PAYMENT OF FEES RELATED TO EXAMINATION.Printed as Article 56A.303(a)
- Tex. Code Crim. Proc. art. 56A.3045PAYMENT OF COSTS RELATED TO TESTIMONY.Printed as Article 56A.303
- Tex. Code Crim. Proc. art. 56A.307PROCEDURES FOR SUBMISSION OR COLLECTION OF ADDITIONAL EVIDENCE.Printed as Article 56A.303
- Tex. Code Crim. Proc. art. 56A.308CONFIDENTIALITY OF CERTAIN RECORDS.Printed as Article 56A.303
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