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House Bill 1985 |
House Author: Martinez Fischer et al. |
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Effective: 9-1-09 |
Senate Sponsor: Hegar |
House Bill 1985 amends the Code of Criminal Procedure to require, rather than authorize, a court, at the request of the victim of an alleged sex offense, to order the defendant to undergo standard diagnostic tests for human immunodeficiency virus (HIV) infection and other sexually transmitted diseases not later than 48 hours after an indictment for the offense is presented against the defendant or the defendant waives the indictment. If a law enforcement agency is unable to locate the defendant during the 48-hour period allowed for the testing, the time period does not begin to run until the law enforcement agency locates the defendant and the defendant is present in the jurisdiction. The bill requires a court to order a defendant who tests positive for HIV to undergo any necessary additional testing.