| 1 | 1 | | By: Hegar S.B. No. 712 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the requirement that certain defendants in a criminal |
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| 7 | 7 | | case undergo testing for HIV infection and other diseases. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 21.31, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by amending Subsections (a), (b), and (c) and adding |
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| 11 | 11 | | Subsections (a-1) and (b-1) to read as follows: |
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| 12 | 12 | | (a) A person who is indicted for or who waives indictment |
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| 13 | 13 | | for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, |
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| 14 | 14 | | Penal Code, shall, at the direction of the court on the court's own |
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| 15 | 15 | | motion or on the request of the victim of the alleged offense, |
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| 16 | 16 | | undergo a standard diagnostic test approved by the United States |
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| 17 | 17 | | Food and Drug Administration for human immunodeficiency virus (HIV) |
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| 18 | 18 | | infection and other sexually transmitted diseases [medical |
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| 19 | 19 | | procedure or test designed to show or help show whether the person |
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| 20 | 20 | | has a sexually transmitted disease or has acquired immune |
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| 21 | 21 | | deficiency syndrome (AIDS) or human immunodeficiency virus (HIV) |
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| 22 | 22 | | infection, antibodies to HIV, or infection with any other probable |
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| 23 | 23 | | causative agent of AIDS. The court may direct the person to undergo |
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| 24 | 24 | | the procedure or test on its own motion or on the request of the |
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| 25 | 25 | | victim of the alleged offense]. If the person refuses to submit |
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| 26 | 26 | | voluntarily to the [procedure or] test, the court shall require the |
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| 27 | 27 | | person to submit to the [procedure or] test. On request of the |
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| 28 | 28 | | victim of the alleged offense, the court shall order the defendant |
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| 29 | 29 | | to undergo the test not later than 48 hours after an indictment for |
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| 30 | 30 | | the offense is presented against the defendant or the defendant |
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| 31 | 31 | | waives indictment. Except as provided by Subsection (b-1), the |
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| 32 | 32 | | [The] court may require a defendant previously required under this |
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| 33 | 33 | | article to undergo a diagnostic [medical procedure or] test on |
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| 34 | 34 | | indictment for an offense to undergo a subsequent [medical |
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| 35 | 35 | | procedure or] test only after [following] conviction of the |
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| 36 | 36 | | offense. A [The] person performing a [the procedure or] test under |
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| 37 | 37 | | this subsection shall make the test results available to the local |
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| 38 | 38 | | health authority, and the local health authority shall be required |
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| 39 | 39 | | to make the notification of the test results [result] to the victim |
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| 40 | 40 | | of the alleged offense and to the defendant. |
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| 41 | 41 | | (a-1) If the victim requests the testing of the defendant |
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| 42 | 42 | | and a law enforcement agency is unable to locate the defendant |
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| 43 | 43 | | during the 48-hour period allowed for that testing under Subsection |
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| 44 | 44 | | (a), the running of the 48-hour period is tolled until the law |
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| 45 | 45 | | enforcement agency locates the defendant and the defendant is |
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| 46 | 46 | | present in the jurisdiction. |
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| 47 | 47 | | (b) The court shall order a person who is charged with an |
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| 48 | 48 | | offense under Section 22.11, Penal Code, to undergo in the manner |
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| 49 | 49 | | provided by Subsection (a) a diagnostic [medical procedure or] test |
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| 50 | 50 | | designed to show or help show whether the person has HIV, hepatitis |
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| 51 | 51 | | A, hepatitis B, tuberculosis, or any other disease designated as a |
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| 52 | 52 | | reportable disease under Section 81.048, Health and Safety |
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| 53 | 53 | | Code. The person charged with the offense shall pay the costs of |
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| 54 | 54 | | testing under this subsection. |
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| 55 | 55 | | (b-1) If the results of a diagnostic test conducted under |
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| 56 | 56 | | Subsection (a) or (b) are positive for HIV, the court shall order |
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| 57 | 57 | | the defendant to undergo any necessary additional testing within a |
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| 58 | 58 | | reasonable time after the test results are released. |
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| 59 | 59 | | (c) The state may not use the fact that a [medical procedure |
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| 60 | 60 | | or] test was performed on a person under Subsection (a) or use the |
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| 61 | 61 | | results of a [procedure or] test conducted under Subsection (a) in |
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| 62 | 62 | | any criminal proceeding arising out of the alleged offense. |
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| 63 | 63 | | SECTION 2. The change in law made by this Act applies only |
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| 64 | 64 | | to an offense committed on or after the effective date of this Act. |
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| 65 | 65 | | An offense committed before the effective date of this Act is |
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| 66 | 66 | | covered by the law in effect when the offense was committed, and the |
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| 67 | 67 | | former law is continued in effect for that purpose. For purposes of |
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| 68 | 68 | | this section, an offense was committed before the effective date of |
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| 69 | 69 | | this Act if any element of the offense occurred before that date. |
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| 70 | 70 | | SECTION 3. This Act takes effect September 1, 2009. |
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