Texas Statutes
Subchapter F. Forensic Medical Examination of Sexual Assault Victim Reporting Assault
Article 56A.251. Request for Forensic Medical Examination

(b) If a sexual assault is not reported within the period described by Subsection (a) and the victim is a minor as defined by Section 101.003, Family Code, on receiving the consent described by Subsection (a) or the consent described by Section 32.003 or 32.005, Family Code, a law enforcement agency shall request a forensic medical examination of the victim for use in the investigation or prosecution of the offense.
(c) If a sexual assault is not reported within the period described by Subsection (a) and the victim is not a minor as defined by Section 101.003, Family Code, on receiving the consent described by Subsection (a), a law enforcement agency may request a forensic medical examination of a victim of a reported sexual assault for use in the investigation or prosecution of the offense if:
(1) based on the circumstances of the reported assault, the agency believes a forensic medical examination would further that investigation or prosecution; or
(2) after a medical evaluation by a physician, sexual assault examiner, or sexual assault nurse examiner, the physician or examiner notifies the agency that a forensic medical examination should be conducted.
(d) If a sexual assault is reported to a law enforcement agency as provided by Subsection (a), (b), or (c), the law enforcement agency shall document, in the form and manner required by the attorney general, whether the agency requested a forensic medical examination. The law enforcement agency shall:
(1) provide the documentation of the agency's decision regarding a request for a forensic medical examination to:
(A) the health care provider and the physician, sexual assault examiner, or sexual assault nurse examiner, as applicable, who provides services to the victim that are related to the sexual assault; and
(B) the victim or the person who consented to the forensic medical examination on behalf of the victim; and
(2) maintain the documentation of the agency's decision in accordance with the agency's record retention policies.
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. 649 (H.B. 1172), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 649 (H.B. 1172), Sec. 7, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.010(b), eff. September 1, 2021.