By: Hegar S.B. No. 712
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that certain defendants in a criminal
case undergo testing for HIV infection and other diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 21.31, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), and (c) and adding
Subsections (a-1) and (b-1) to read as follows:
(a) A person who is indicted for or who waives indictment
for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021,
Penal Code, shall, at the direction of the court on the court's own
motion or on the request of the victim of the alleged offense,
undergo a standard diagnostic test approved by the United States
Food and Drug Administration for human immunodeficiency virus (HIV)
infection and other sexually transmitted diseases [medical
procedure or test designed to show or help show whether the person
has a sexually transmitted disease or has acquired immune
deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
infection, antibodies to HIV, or infection with any other probable
causative agent of AIDS. The court may direct the person to undergo
the procedure or test on its own motion or on the request of the
victim of the alleged offense]. If the person refuses to submit
voluntarily to the [procedure or] test, the court shall require the
person to submit to the [procedure or] test. On request of the
victim of the alleged offense, the court shall order the defendant
to undergo the test not later than 48 hours after an indictment for
the offense is presented against the defendant or the defendant
waives indictment. Except as provided by Subsection (b-1), the
[The] court may require a defendant previously required under this
article to undergo a diagnostic [medical procedure or] test on
indictment for an offense to undergo a subsequent [medical
procedure or] test only after [following] conviction of the
offense. A [The] person performing a [the procedure or] test under
this subsection shall make the test results available to the local
health authority, and the local health authority shall be required
to make the notification of the test results [result] to the victim
of the alleged offense and to the defendant.
(a-1) If the victim requests the testing of the defendant
and a law enforcement agency is unable to locate the defendant
during the 48-hour period allowed for that testing under Subsection
(a), the running of the 48-hour period is tolled until the law
enforcement agency locates the defendant and the defendant is
present in the jurisdiction.
(b) The court shall order a person who is charged with an
offense under Section 22.11, Penal Code, to undergo in the manner
provided by Subsection (a) a diagnostic [medical procedure or] test
designed to show or help show whether the person has HIV, hepatitis
A, hepatitis B, tuberculosis, or any other disease designated as a
reportable disease under Section 81.048, Health and Safety
Code. The person charged with the offense shall pay the costs of
testing under this subsection.
(b-1) If the results of a diagnostic test conducted under
Subsection (a) or (b) are positive for HIV, the court shall order
the defendant to undergo any necessary additional testing within a
reasonable time after the test results are released.
(c) The state may not use the fact that a [medical procedure
or] test was performed on a person under Subsection (a) or use the
results of a [procedure or] test conducted under Subsection (a) in
any criminal proceeding arising out of the alleged offense.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2009.