Bill Caption

Relating to the reporting of a sexual assault and to the collection and submission of evidence with respect to that offense.

Fiscal Notes

Estimated Two­year Net Impact to General Revenue Related Funds for HB2462, As Introduced: an impact of $0 through the biennium ending August 31, 2023.

Bill Analysis

Under current statute, a law enforcement agency may decline to request a forensic medical exam if the alleged victim of a sexual assault is known to have a history of making false reports of sexual assault or if there is no evidence to corroborate current allegations of sexual assault.

HB 2462 would prohibit law enforcement agencies from refusing to request a forensic medical examination in response to a report of sexual assault under 120 hours after the alleged assault and under other certain situations. The bill also outlines under what circumstances the agency may request a medical examination in relation to such a report.

Vote Recommendation Notes

Texas Action is opposed to HB 2462 on the principle of limited government. The decision whether or not to use agency resources on forensic medical examinations must be left up to the discretion of law enforcement agencies based on the available evidence at the time. This bill would likely add to the backlog of unprocessed rape kits by requiring law enforcement agencies to request examinations they don't believe are warranted based upon the evidence.