Texas 2015 - 84th Regular

Texas House Bill HB1595 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Murr, Thompson of Brazoria H.B. No. 1595
2		-	(Senate Sponsor - Whitmire)
3		-	(In the Senate - Received from the House April 27, 2015;
4		-	May 4, 2015, read first time and referred to Committee on Criminal
5		-	Justice; May 21, 2015, reported favorably by the following vote:
6		-	Yeas 7, Nays 0; May 21, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1595
8	2
9	3
10		-	COMMITTEE VOTE
11		-	YeaNayAbsentPNV
12		-	WhitmireX
13		-	HuffmanX
14		-	BurtonX
15		-	CreightonX
16		-	HinojosaX
17		-	MenéndezX
18		-	PerryX
19		-	A BILL TO BE ENTITLED
20	4		AN ACT
21	5		relating to testing certain defendants or confined persons for
22	6		communicable diseases.
23	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
24	8		SECTION 1. The heading to Article 18.22, Code of Criminal
25	9		Procedure, is amended to read as follows:
26	10		Art. 18.22. TESTING CERTAIN DEFENDANTS OR CONFINED PERSONS
27	11		FOR COMMUNICABLE DISEASES [FOLLOWING CERTAIN ARRESTS].
28	12		SECTION 2. Article 18.22, Code of Criminal Procedure, is
29	13		amended by amending Subsections (a) and (b) and adding Subsection
30	14		(d) to read as follows:
31	15		(a) A person who is arrested for a misdemeanor or felony and
32	16		who during the commission of that offense or the [an] arrest, during
33	17		a judicial proceeding or initial period of confinement following
34	18		the arrest, or during the person's confinement after a conviction
35	19		or adjudication resulting from the arrest [commission of that
36	20		offense] causes the person's bodily fluids to come into contact
37	21		with a peace officer, a magistrate, or an employee of a correctional
38	22		facility where the person is confined [to come into contact with the
39	23		person's bodily fluids] shall, at the direction of the court having
40	24		jurisdiction over the arrested person, undergo a medical procedure
41	25		or test designed to show or help show whether the person has a
42	26		communicable disease. The court may direct the person to undergo
43	27		the procedure or test on its own motion or on the request of the
44	28		peace officer, magistrate, or correctional facility employee. If
45	29		the person refuses to submit voluntarily to the procedure or test,
46	30		the court shall require the person to submit to the procedure or
47	31		test. Notwithstanding any other law, the person performing the
48	32		procedure or test shall make the test results available to the local
49	33		health authority, and the local health authority shall notify the
50	34		peace officer, magistrate, or correctional facility employee, as
51	35		appropriate, of the test result. The state may not use the fact
52	36		that a medical procedure or test was performed on a person under
53	37		this article, or use the results of the procedure or test, in any
54	38		criminal proceeding arising out of the alleged offense.
55	39		(b) Testing under this article shall be conducted in
56	40		accordance with written infectious disease control protocols
57	41		adopted by the Department [Texas Board] of State Health Services
58	42		that clearly establish procedural guidelines that provide criteria
59	43		for testing and that respect the rights of the arrested person and
60	44		the peace officer, magistrate, or correctional facility employee.
61	45		(d) In this article, "correctional facility" means:
62	46		(1) any place described by Section 1.07(a)(14), Penal
63	47		Code; or
64	48		(2) a "secure correctional facility" or "secure
65	49		detention facility" as those terms are defined by Section 51.02,
66	50		Family Code.
67	51		SECTION 3. The change in law made by this Act applies to a
68	52		motion by the court or request of a magistrate or correctional
69	53		facility employee made on or after the effective date of this Act,
70	54		regardless of whether the offense for which the person was arrested
71	55		or the applicable contact with bodily fluids occurred before, on,
72	56		or after that date.
73	57		SECTION 4. This Act takes effect immediately if it receives
74	58		a vote of two-thirds of all the members elected to each house, as
75	59		provided by Section 39, Article III, Texas Constitution. If this
76	60		Act does not receive the vote necessary for immediate effect, this
77	61		Act takes effect September 1, 2015.
78		-	* * * * *
	62	+	______________________________ ______________________________
	63	+	President of the Senate Speaker of the House
	64	+	I certify that H.B. No. 1595 was passed by the House on April
	65	+	23, 2015, by the following vote: Yeas 137, Nays 0, 3 present, not
	66	+	voting.
	67	+	______________________________
	68	+	Chief Clerk of the House
	69	+	I certify that H.B. No. 1595 was passed by the Senate on May
	70	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	71	+	______________________________
	72	+	Secretary of the Senate
	73	+	APPROVED: _____________________
	74	+	Date
	75	+	_____________________
	76	+	Governor