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AN ACT
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relating to the requirement that certain defendants in a criminal |
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case undergo testing for HIV infection and other diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 21.31, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsections (a-1) and (b-1) to read as follows: |
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(a) A person who is indicted for or who waives indictment |
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for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, |
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Penal Code, shall, at the direction of the court on the court's own |
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motion or on the request of the victim of the alleged offense, |
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undergo a standard diagnostic test approved by the United States |
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Food and Drug Administration for human immunodeficiency virus (HIV) |
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infection and other sexually transmitted diseases [medical
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procedure or test designed to show or help show whether the person
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has a sexually transmitted disease or has acquired immune
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deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
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infection, antibodies to HIV, or infection with any other probable
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causative agent of AIDS.
The court may direct the person to undergo
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the procedure or test on its own motion or on the request of the
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victim of the alleged offense]. If the person refuses to submit |
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voluntarily to the [procedure or] test, the court shall require the |
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person to submit to the [procedure or] test. On request of the |
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victim of the alleged offense, the court shall order the defendant |
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to undergo the test not later than 48 hours after an indictment for |
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the offense is presented against the defendant or the defendant |
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waives indictment. Except as provided by Subsection (b-1), the |
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[The] court may require a defendant previously required under this |
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article to undergo a diagnostic [medical procedure or] test on |
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indictment for an offense to undergo a subsequent [medical
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procedure or] test only after [following] conviction of the |
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offense. A [The] person performing a [the procedure or] test under |
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this subsection shall make the test results available to the local |
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health authority, and the local health authority shall be required |
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to make the notification of the test results [result] to the victim |
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of the alleged offense and to the defendant. |
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(a-1) If the victim requests the testing of the defendant |
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and a law enforcement agency is unable to locate the defendant |
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during the 48-hour period allowed for that testing under Subsection |
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(a), the running of the 48-hour period is tolled until the law |
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enforcement agency locates the defendant and the defendant is |
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present in the jurisdiction. |
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(b) The court shall order a person who is charged with an |
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offense under Section 22.11, Penal Code, to undergo in the manner |
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provided by Subsection (a) a diagnostic [medical procedure or] test |
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designed to show or help show whether the person has HIV, hepatitis |
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A, hepatitis B, tuberculosis, or any other disease designated as a |
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reportable disease under Section 81.048, Health and Safety |
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Code. The person charged with the offense shall pay the costs of |
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testing under this subsection. |
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(b-1) If the results of a diagnostic test conducted under |
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Subsection (a) or (b) are positive for HIV, the court shall order |
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the defendant to undergo any necessary additional testing within a |
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reasonable time after the test results are released. |
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(c) The state may not use the fact that a [medical procedure
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or] test was performed on a person under Subsection (a) or use the |
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results of a [procedure or] test conducted under Subsection (a) in |
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any criminal proceeding arising out of the alleged offense. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1985 was passed by the House on April |
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22, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1985 on May 23, 2009, by the following vote: Yeas 144, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1985 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |