73R8179 GWK-D
By Greenberg H.B. No. 2650
Substitute the following for H.B. No. 2650:
By Hartnett C.S.H.B. No. 2650
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring persons indicted for or convicted of sexual
1-3 assault, aggravated sexual assault, or indecency with a child and
1-4 juveniles adjudicated delinquent for violations of those offenses
1-5 to undergo certain medical procedures and tests to detect sexually
1-6 transmitted diseases, and to the rights of victims of those
1-7 offenses to counseling and testing for certain of those diseases.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Article 21.31(a), Code of Criminal Procedure, is
1-10 amended to read as follows:
1-11 (a) A person who is indicted for or who waives indictment
1-12 for an offense under Section 21.11(a)(1), 22.011, or 22.021, Penal
1-13 Code, shall, at the direction of the court, undergo a medical
1-14 procedure or test designed to show or help show whether the person
1-15 has a sexually transmitted disease or has acquired immune
1-16 deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
1-17 infection, antibodies to HIV, or infection with any other probable
1-18 causative agent of AIDS. The court may direct the person to
1-19 undergo the procedure or test on its own motion or on the request
1-20 of the victim of the alleged offense. If the person refuses to
1-21 submit voluntarily to the procedure or test, the court shall <may>
1-22 require the person to submit to the procedure or test. The court
1-23 may require a defendant previously required under this article to
1-24 undergo a medical procedure or test on indictment for an offense to
2-1 undergo a subsequent medical procedure or test following conviction
2-2 of the offense. The person performing the procedure or test shall
2-3 make the test results available to the local health authority, and
2-4 the local health authority shall be required to make the
2-5 notification of the test result to the victim of the alleged
2-6 offense and to the defendant. The state may not use the fact that
2-7 a medical procedure or test was performed on a person under this
2-8 subsection or use the results of the procedure or test in any
2-9 criminal proceeding arising out of the alleged offense.
2-10 SECTION 2. Chapter 54, Family Code, is amended by adding
2-11 Section 54.033 to read as follows:
2-12 Sec. 54.033. SEXUALLY TRANSMITTED DISEASE, AIDS, AND HIV
2-13 TESTING. (a) A child found at the conclusion of an adjudication
2-14 hearing under Section 54.03 of this code to have engaged in
2-15 delinquent conduct that included a violation of Sections
2-16 21.11(a)(1), 22.011, or 22.021, Penal Code, shall undergo a medical
2-17 procedure or test at the direction of the juvenile court designed
2-18 to show or help show whether the child has a sexually transmitted
2-19 disease, acquired immune deficiency syndrome (AIDS), human
2-20 immunodeficiency virus (HIV) infection, antibodies to HIV, or
2-21 infection with any other probable causative agent of AIDS. The
2-22 court may direct the child to undergo the procedure or test on the
2-23 court's own motion or on the request of the victim of the
2-24 delinquent conduct.
2-25 (b) If the child or another person who has the power to
2-26 consent to medical treatment for the child refuses to submit
2-27 voluntarily or consent to the procedure or test, the court shall
3-1 require the child to submit to the procedure or test.
3-2 (c) The person performing the procedure or test shall make
3-3 the test results available to the local health authority. The
3-4 local health authority shall be required to notify the victim of
3-5 the delinquent conduct and the person found to have engaged in the
3-6 delinquent conduct of the test result.
3-7 (d) The state may not use the fact that a medical procedure
3-8 or test was performed on a child under this section or use the
3-9 results of the procedure or test in any proceeding arising out of
3-10 the delinquent conduct.
3-11 (e) Testing under this section shall be conducted in
3-12 accordance with written infectious disease control protocols
3-13 adopted by the Texas Board of Health that clearly establish
3-14 procedural guidelines that provide criteria for testing and that
3-15 respect the rights of the child and the victim of the delinquent
3-16 conduct.
3-17 (f) Nothing in this section allows a court to release a test
3-18 result to anyone other than a person specifically authorized under
3-19 this section. Section 81.103(d), Health and Safety Code, may not
3-20 be construed to allow the disclosure of test results under this
3-21 section except as provided by this section.
3-22 SECTION 3. Article 56.02(a), Code of Criminal Procedure, is
3-23 amended to read as follows:
3-24 (a) A victim, guardian of a victim, or close relative of a
3-25 deceased victim is entitled to the following rights within the
3-26 criminal justice system:
3-27 (1) the right to receive from law enforcement agencies
4-1 adequate protection from harm and threats of harm arising from
4-2 cooperation with prosecution efforts;
4-3 (2) the right to have the magistrate take the safety
4-4 of the victim or his family into consideration as an element in
4-5 fixing the amount of bail for the accused;
4-6 (3) the right, if requested, to be informed of
4-7 relevant court proceedings and to be informed if those court
4-8 proceedings have been canceled or rescheduled prior to the event;
4-9 (4) the right to be informed, when requested, by a
4-10 peace officer concerning the defendant's right to bail and the
4-11 procedures in criminal investigations and by the district
4-12 attorney's office concerning the general procedures in the criminal
4-13 justice system, including general procedures in guilty plea
4-14 negotiations and arrangements, restitution, and the appeals and
4-15 parole process;
4-16 (5) the right to provide pertinent information to a
4-17 probation department conducting a presentencing investigation
4-18 concerning the impact of the offense on the victim and his family
4-19 by testimony, written statement, or any other manner prior to any
4-20 sentencing of the offender;
4-21 (6) the right to receive information regarding
4-22 compensation to victims of crime as provided by the Crime Victims
4-23 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
4-24 including information related to the costs that may be compensated
4-25 under that Act and the amount of compensation, eligibility for
4-26 compensation, and procedures for application for compensation under
4-27 that Act, the payment for a medical examination under Article 56.06
5-1 of this code for a victim of a sexual assault, and when requested,
5-2 to referral to available social service agencies that may offer
5-3 additional assistance;
5-4 (7) the right to be informed, upon request, of parole
5-5 procedures, to participate in the parole process, to be notified,
5-6 if requested, of parole proceedings concerning a defendant in the
5-7 victim's case, to provide to the Board of Pardons and Paroles for
5-8 inclusion in the defendant's file information to be considered by
5-9 the board prior to the parole of any defendant convicted of any
5-10 crime subject to this Act, and to be notified, if requested, of the
5-11 defendant's release;
5-12 (8) the right to be provided with a waiting area,
5-13 separate or secure from other witnesses, including the offender and
5-14 relatives of the offender, before testifying in any proceeding
5-15 concerning the offender; if a separate waiting area is not
5-16 available, other safeguards should be taken to minimize the
5-17 victim's contact with the offender and the offender's relatives and
5-18 witnesses, before and during court proceedings;
5-19 (9) the right to prompt return of any property of the
5-20 victim that is held by a law enforcement agency or the attorney for
5-21 the state as evidence when the property is no longer required for
5-22 that purpose; <and>
5-23 (10) the right to have the attorney for the state
5-24 notify the employer of the victim, if requested, of the necessity
5-25 of the victim's cooperation and testimony in a proceeding that may
5-26 necessitate the absence of the victim from work for good cause; and
5-27 (11) the right to counseling, on request, regarding
6-1 acquired immune deficiency syndrome (AIDS) and human
6-2 immunodeficiency virus (HIV) infection and testing for acquired
6-3 immune deficiency syndrome (AIDS), human immunodeficiency virus
6-4 (HIV) infection, antibodies to HIV, or infection with any other
6-5 probable causative agent of AIDS, if the offense is an offense
6-6 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code.
6-7 SECTION 4. (a) The change in law made by Section 1 of this
6-8 Act to Article 21.31(a), Code of Criminal Procedure, requiring a
6-9 person indicted for an offense under Section 21.11(a)(1), Penal
6-10 Code, to undergo certain medical procedures and tests, applies only
6-11 to a person indicted for an offense committed on or after the
6-12 effective date of this Act.
6-13 (b) The change in law made by Section 1 of this Act to
6-14 Article 21.31(a), Code of Criminal Procedure, requiring persons
6-15 convicted of certain offenses under the Penal Code to undergo
6-16 certain medical procedures and tests, applies only to a person
6-17 convicted of an offense committed on or after the effective date of
6-18 this Act.
6-19 (c) The change in law made by Section 2 of this Act to the
6-20 Family Code, adding Section 54.033 to the code and requiring that
6-21 children found at the conclusion of an adjudication hearing to have
6-22 engaged in juvenile conduct that included violations of certain
6-23 sections of the Penal Code undergo certain medical procedures and
6-24 tests, applies only to a child who engages in the delinquent
6-25 conduct on or after the effective date of this Act.
6-26 (d) For the purposes of this section, an offense is
6-27 committed or delinquent conduct that includes a violation of an
7-1 offense is engaged in before the effective date of this Act if any
7-2 element of the offense occurs before the effective date.
7-3 SECTION 5. This Act takes effect September 1, 1993.
7-4 SECTION 6. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.