By: Huffman S.B. No. 779
(In the Senate - Filed February 25, 2015; March 2, 2015,
read first time and referred to Committee on State Affairs;
April 23, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; April 23, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 779 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to access to certain medical test results in a criminal
proceeding; amending provisions subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.103, Health and Safety Code, is
amended by adding Subsections (c-1), (c-2), and (k-1) to read as
follows:
(c-1) Subject to Subsection (k-1), a test result is subject
to and may be released or disclosed under a subpoena issued under
Chapter 20 or 24, Code of Criminal Procedure, in a criminal
proceeding.
(c-2) Notwithstanding any other law, a person who releases
or discloses a test result in response to a subpoena issued under
Chapter 20 or 24, Code of Criminal Procedure, in a criminal
proceeding is not subject to any criminal or civil liability or
professional disciplinary action for releasing or disclosing the
test result, except in a case of gross negligence or wilful
misconduct.
(k-1) Before entering into evidence or otherwise releasing
or disclosing a test result obtained by subpoena under Subsection
(c-1) in a criminal proceeding, the court in which the test result
is to be presented as evidence or otherwise released or disclosed
shall issue a protective order or take other action to limit the
release or disclosure of the test result. For a test result
obtained under a grand jury subpoena, the court responsible for the
grand jury shall issue the order or take other action to limit the
release or disclosure of the test result before the test result is
presented to the grand jury.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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