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.