Relating to the requirement that certain defendants in a criminal case undergo testing for HIV infection and other diseases.
Impact
If enacted, HB 1985 would enhance the ability of the judicial system to address public health concerns related to sexually transmitted infections, particularly HIV. By mandating testing for certain defendants, the legislation seeks to provide both the victims and the courts with crucial information regarding the health status of offenders. Test results would be communicated to local health authorities, further integrating health considerations into the legal proceedings and supporting public health initiatives.
Summary
House Bill 1985 aims to revise the Code of Criminal Procedure in Texas to mandate that certain defendants in criminal cases undergo testing for HIV and other sexually transmitted diseases. This bill specifically affects individuals indicted for offenses related to sexual offenses. The court has the authority to compel a defendant to submit to testing if the victim requests it, within a specific timeframe of 48 hours following indictment. If the defendant refuses, the court retains the power to enforce compliance with testing requirements.
Contention
The bill has generated discussion regarding the balance between public health needs and the rights of defendants. Supporters argue that timely testing is essential for the safety and peace of mind of the victims, while opponents might express concerns regarding privacy rights and the potential stigma associated with mandatory testing. Additionally, the implications of expanding mandatory testing could lead to debates over the broader effects on criminal justice practices and public health policy.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.
Relating to the establishment by certain counties and hospital districts of disease control pilot programs to reduce the risk of certain infectious and communicable diseases; authorizing fees.
Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.
Relating to infection prevention and control programs and other measures for communicable diseases at certain long-term care facilities; authorizing an administrative penalty.
Relating to certain requirements of protective orders and conditions of release on bond and to the criminal penalties for violating those requirements and conditions.
Relating to procedures in a criminal case after a defendant is found competent to stand trial and to consequences arising from certain violations of those procedures.
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.
Relating to court costs imposed on conviction and deposited to the courthouse security fund or the municipal court building security fund; increasing fees.