84R9857 MK-F
By: Miller of Fort Bend H.B. No. 2395
A BILL TO BE ENTITLED
AN ACT
relating to the testing of a juvenile for a sexually transmitted
disease or human immunodeficiency virus (HIV) following the filing
of a petition and a finding of probable cause that the juvenile has
engaged in certain delinquent conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.033(a), Family Code, is amended to
read as follows:
(a) If a petition is filed alleging that a [A] child has
[found at the conclusion of an adjudication hearing under Section
54.03 of this code to have] engaged in delinquent conduct that
included a violation of Sections 21.11(a)(1), 22.011, or 22.021,
Penal Code, and the juvenile court finds probable cause that the
child engaged in the conduct, the child shall undergo a medical
procedure or test at the direction of the juvenile court designed to
show or help show whether the child has a sexually transmitted
disease, acquired immune deficiency syndrome (AIDS), human
immunodeficiency virus (HIV) infection, antibodies to HIV, or
infection with any other probable causative agent of AIDS. The
court may direct the child to undergo the procedure or test on the
court's own motion or on the request of the victim of the delinquent
conduct.
SECTION 2. The changes in law made by this Act apply only to
a petition filed or a finding of probable cause made by a juvenile
court on or after the effective date of this Act. A petition filed
or finding of probable cause by a juvenile court that occurs before
the effective date of this Act is governed by the law in effect when
the petition was filed or the finding of probable cause was made,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.