1. (a) In this article, "penal institution" has the meaning assigned by Section 1.07, Penal Code.

2. (b) If a victim alleging to have sustained injuries as the victim of a sexual assault was confined in a penal institution at the time of the alleged assault, the penal institution shall provide, at the victim's request, a representative to be present with the victim at any forensic medical examination conducted for the purpose of collecting and preserving evidence related to the investigation or prosecution of the alleged assault. The representative must:

   1. (1) be approved by the penal institution; and

   2. (2) be a:

      1. (A) psychologist;
      2. (B) sociologist;
      3. (C) chaplain;
      4. (D) social worker;
      5. (E) case manager; or
      6. (F) volunteer who has completed a sexual assault training program described by Section 420.011(b), Government Code.

3. (c) A representative may only provide the victim with:

   1. (1) counseling and other support services; and
   2. (2) information regarding the rights of crime victims under Subchapter B.
4. (d) A representative may not delay or otherwise impede the screening or stabilization of an emergency medical condition.

Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.05, eff. January 1, 2021.