Texas 2009 - 81st Regular

Texas House Bill HB1985 Compare Versions

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1	1	H.B. No. 1985
2	2
3	3
4	4	AN ACT
5	5	relating to the requirement that certain defendants in a criminal
6	6	case undergo testing for HIV infection and other diseases.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 21.31, Code of Criminal Procedure, is
9	9	amended by amending Subsections (a), (b), and (c) and adding
10	10	Subsections (a-1) and (b-1) to read as follows:
11	11	(a) A person who is indicted for or who waives indictment
12	12	for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021,
13	13	Penal Code, shall, at the direction of the court on the court's own
14	14	motion or on the request of the victim of the alleged offense,
15	15	undergo a standard diagnostic test approved by the United States
16	16	Food and Drug Administration for human immunodeficiency virus (HIV)
17	17	infection and other sexually transmitted diseases [medical
18	18	procedure or test designed to show or help show whether the person
19	19	has a sexually transmitted disease or has acquired immune
20	20	deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
21	21	infection, antibodies to HIV, or infection with any other probable
22	22	causative agent of AIDS. The court may direct the person to undergo
23	23	the procedure or test on its own motion or on the request of the
24	24	victim of the alleged offense]. If the person refuses to submit
25	25	voluntarily to the [procedure or] test, the court shall require the
26	26	person to submit to the [procedure or] test. On request of the
27	27	victim of the alleged offense, the court shall order the defendant
28	28	to undergo the test not later than 48 hours after an indictment for
29	29	the offense is presented against the defendant or the defendant
30	30	waives indictment. Except as provided by Subsection (b-1), the
31	31	[The] court may require a defendant previously required under this
32	32	article to undergo a diagnostic [medical procedure or] test on
33	33	indictment for an offense to undergo a subsequent [medical
34	34	procedure or] test only after [following] conviction of the
35	35	offense. A [The] person performing a [the procedure or] test under
36	36	this subsection shall make the test results available to the local
37	37	health authority, and the local health authority shall be required
38	38	to make the notification of the test results [result] to the victim
39	39	of the alleged offense and to the defendant.
40	40	(a-1) If the victim requests the testing of the defendant
41	41	and a law enforcement agency is unable to locate the defendant
42	42	during the 48-hour period allowed for that testing under Subsection
43	43	(a), the running of the 48-hour period is tolled until the law
44	44	enforcement agency locates the defendant and the defendant is
45	45	present in the jurisdiction.
46	46	(b) The court shall order a person who is charged with an
47	47	offense under Section 22.11, Penal Code, to undergo in the manner
48	48	provided by Subsection (a) a diagnostic [medical procedure or] test
49	49	designed to show or help show whether the person has HIV, hepatitis
50	50	A, hepatitis B, tuberculosis, or any other disease designated as a
51	51	reportable disease under Section 81.048, Health and Safety
52	52	Code. The person charged with the offense shall pay the costs of
53	53	testing under this subsection.
54	54	(b-1) If the results of a diagnostic test conducted under
55	55	Subsection (a) or (b) are positive for HIV, the court shall order
56	56	the defendant to undergo any necessary additional testing within a
57	57	reasonable time after the test results are released.
58	58	(c) The state may not use the fact that a [medical procedure
59	59	or] test was performed on a person under Subsection (a) or use the
60	60	results of a [procedure or] test conducted under Subsection (a) in
61	61	any criminal proceeding arising out of the alleged offense.
62	62	SECTION 2. The change in law made by this Act applies only
63	63	to an offense committed on or after the effective date of this Act.
64	64	An offense committed before the effective date of this Act is
65	65	covered by the law in effect when the offense was committed, and the
66	66	former law is continued in effect for that purpose. For purposes of
67	67	this section, an offense was committed before the effective date of
68	68	this Act if any element of the offense occurred before that date.
69	69	SECTION 3. This Act takes effect September 1, 2009.
70	70	______________________________ ______________________________
71	71	President of the Senate Speaker of the House
72	72	I certify that H.B. No. 1985 was passed by the House on April
73	73	22, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
74	74	voting; and that the House concurred in Senate amendments to H.B.
75	75	No. 1985 on May 23, 2009, by the following vote: Yeas 144, Nays 0,
76	76	1 present, not voting.
77	77	______________________________
78	78	Chief Clerk of the House
79	79	I certify that H.B. No. 1985 was passed by the Senate, with
80	80	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
81	81	0.
82	82	______________________________
83	83	Secretary of the Senate
84	84	APPROVED: __________________
85	85	Date
86	86	__________________
87	87	Governor