Texas House Bill HB1985

Texas 2009 - 81st Regular

• Out of House Committee: 4/6/09
• Voted on by House: 4/22/09
• Out of Senate Committee: 5/14/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 5/25/09
• Passed: 6/19/09

Caption

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.