By:  Greenberg                                        H.B. No. 2650
       73R6499 GWK-D
                                 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.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Article 21.31(a), Code of Criminal Procedure, is
    1-9  amended to read as follows:
   1-10        (a)  A person indicted for an offense under Section
   1-11  21.11(a)(1), 22.011, or 22.021, Penal Code,  shall, at the
   1-12  direction of the court, undergo a medical procedure or test
   1-13  designed to show or help show whether the person has a sexually
   1-14  transmitted disease or has acquired immune deficiency syndrome
   1-15  (AIDS) or human immunodeficiency virus (HIV) infection, antibodies
   1-16  to HIV, or infection with any other probable causative agent of
   1-17  AIDS.  The court may direct the person to undergo the procedure or
   1-18  test on its own motion or on the request of the victim of the
   1-19  alleged offense.  If the person refuses to submit voluntarily to
   1-20  the procedure or test, the court shall <may> require the person to
   1-21  submit to the procedure or test.  The court may require a defendant
   1-22  previously required under this article to undergo a medical
   1-23  procedure or test on indictment for an offense to undergo a
   1-24  subsequent medical procedure or test following conviction of the
    2-1  offense.  The person performing the procedure or test shall make
    2-2  the test results available to the local health authority, and the
    2-3  local health authority shall be required to make the notification
    2-4  of the test result to the victim of the alleged offense.  The state
    2-5  may not use the fact that a medical procedure or test was performed
    2-6  on a person under this subsection or use the results of the
    2-7  procedure or test in any criminal proceeding arising out of the
    2-8  alleged offense.
    2-9        SECTION 2.  Chapter 54, Family Code, is amended by adding
   2-10  Section 54.033 to read as follows:
   2-11        Sec. 54.033.  SEXUALLY TRANSMITTED DISEASE, AIDS, AND HIV
   2-12  TESTING.  (a)  A child found at the conclusion of an adjudication
   2-13  hearing under Section 54.03 of this code to have engaged in
   2-14  delinquent conduct that included a violation of Sections
   2-15  21.11(a)(1), 22.011, or 22.021, Penal Code, shall undergo a medical
   2-16  procedure or test at the direction of the juvenile court designed
   2-17  to show or help show whether the child has a sexually transmitted
   2-18  disease, acquired immune deficiency syndrome (AIDS), human
   2-19  immunodeficiency virus (HIV) infection, antibodies to HIV, or
   2-20  infection with any other probable causative agent of AIDS.  The
   2-21  court may direct the child to undergo the procedure or test on the
   2-22  court's own motion or on the request of the victim of the
   2-23  delinquent conduct.
   2-24        (b)  If the child or another person who has the power to
   2-25  consent to medical treatment for the child refuses to submit
   2-26  voluntarily or consent to the procedure or test, the court shall
   2-27  require the child to submit to the procedure or test.
    3-1        (c)  The person performing the procedure or test shall make
    3-2  the test results available to the local health authority.  The
    3-3  local health authority shall be required to notify the victim of
    3-4  the delinquent conduct of the test result.
    3-5        (d)  The state may not use the fact that a medical procedure
    3-6  or test was performed on a child under this section or use the
    3-7  results of the procedure or test in any proceeding arising out of
    3-8  the delinquent conduct.
    3-9        (e)  Testing under this section shall be conducted in
   3-10  accordance with written infectious disease control protocols
   3-11  adopted by the Texas Board of Health that clearly establish
   3-12  procedural guidelines that provide criteria for testing and that
   3-13  respect the rights of the child and the victim of the delinquent
   3-14  conduct.
   3-15        (f)  Nothing in this section allows a court to release a test
   3-16  result to anyone other than a person specifically authorized under
   3-17  this section.  Section 81.103(d), Health and Safety Code, may not
   3-18  be construed to allow the disclosure of test results under this
   3-19  section except as provided by this section.
   3-20        SECTION 3.  (a)  The change in law made by Section 1 of this
   3-21  Act to Article 21.31(a), Code of Criminal Procedure, requiring a
   3-22  person indicted for an offense under Section 21.11(a)(1), Penal
   3-23  Code, to undergo certain medical procedures and tests, applies only
   3-24  to a person indicted for an offense committed on or after the
   3-25  effective date of this Act.
   3-26        (b)  The change in law made by Section 1 of this Act to
   3-27  Article 21.31(a), Code of Criminal Procedure, requiring persons
    4-1  convicted of certain offenses under the Penal Code to undergo
    4-2  certain medical procedures and tests, applies only to a person
    4-3  convicted of an offense committed on or after the effective date of
    4-4  this Act.
    4-5        (c)  The change in law made by Section 2 of this Act to the
    4-6  Family Code, adding Section 54.033 to the code and requiring that
    4-7  children found at the conclusion of an adjudication hearing to have
    4-8  engaged in juvenile conduct that included violations of certain
    4-9  sections of the Penal Code undergo certain medical procedures and
   4-10  tests, applies only to a child who engages in the delinquent
   4-11  conduct on or after the effective date of this Act.
   4-12        (d)  For the purposes of this section, an offense is
   4-13  committed or delinquent conduct that includes a violation of an
   4-14  offense is engaged in before the effective date of this Act if any
   4-15  element of the offense occurs before the effective date.
   4-16        SECTION 4.  This Act takes effect September 1, 1993.
   4-17        SECTION 5.  The importance of this legislation and the
   4-18  crowded condition of the calendars in both houses create an
   4-19  emergency and an imperative public necessity that the
   4-20  constitutional rule requiring bills to be read on three several
   4-21  days in each house be suspended, and this rule is hereby suspended.