1-1 By: Greenberg (Senate Sponsor - Zaffirini) H.B. No. 2650
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on Health
1-4 and Human Services; May 19, 1993, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; May 19, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to requiring persons indicted for or convicted of sexual
1-20 assault, aggravated sexual assault, or indecency with a child and
1-21 juveniles adjudicated delinquent for violations of those offenses
1-22 to undergo certain medical procedures and tests to detect sexually
1-23 transmitted diseases, and to the rights of victims of those
1-24 offenses to counseling and testing for certain of those diseases.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Article 21.31(a), Code of Criminal Procedure, is
1-27 amended to read as follows:
1-28 (a) A person who is indicted for or who waives indictment
1-29 for an offense under Section 21.11(a)(1), 22.011, or 22.021, Penal
1-30 Code, shall, at the direction of the court, undergo a medical
1-31 procedure or test designed to show or help show whether the person
1-32 has a sexually transmitted disease or has acquired immune
1-33 deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
1-34 infection, antibodies to HIV, or infection with any other probable
1-35 causative agent of AIDS. The court may direct the person to
1-36 undergo the procedure or test on its own motion or on the request
1-37 of the victim of the alleged offense. If the person refuses to
1-38 submit voluntarily to the procedure or test, the court shall <may>
1-39 require the person to submit to the procedure or test. The court
1-40 may require a defendant previously required under this article to
1-41 undergo a medical procedure or test on indictment for an offense to
1-42 undergo a subsequent medical procedure or test following conviction
1-43 of the offense. The person performing the procedure or test shall
1-44 make the test results available to the local health authority, and
1-45 the local health authority shall be required to make the
1-46 notification of the test result to the victim of the alleged
1-47 offense and to the defendant. The state may not use the fact that
1-48 a medical procedure or test was performed on a person under this
1-49 subsection or use the results of the procedure or test in any
1-50 criminal proceeding arising out of the alleged offense.
1-51 SECTION 2. Chapter 54, Family Code, is amended by adding
1-52 Section 54.033 to read as follows:
1-53 Sec. 54.033. SEXUALLY TRANSMITTED DISEASE, AIDS, AND HIV
1-54 TESTING. (a) A child found at the conclusion of an adjudication
1-55 hearing under Section 54.03 of this code to have engaged in
1-56 delinquent conduct that included a violation of Sections
1-57 21.11(a)(1), 22.011, or 22.021, Penal Code, shall undergo a medical
1-58 procedure or test at the direction of the juvenile court designed
1-59 to show or help show whether the child has a sexually transmitted
1-60 disease, acquired immune deficiency syndrome (AIDS), human
1-61 immunodeficiency virus (HIV) infection, antibodies to HIV, or
1-62 infection with any other probable causative agent of AIDS. The
1-63 court may direct the child to undergo the procedure or test on the
1-64 court's own motion or on the request of the victim of the
1-65 delinquent conduct.
1-66 (b) If the child or another person who has the power to
1-67 consent to medical treatment for the child refuses to submit
1-68 voluntarily or consent to the procedure or test, the court shall
2-1 require the child to submit to the procedure or test.
2-2 (c) The person performing the procedure or test shall make
2-3 the test results available to the local health authority. The
2-4 local health authority shall be required to notify the victim of
2-5 the delinquent conduct and the person found to have engaged in the
2-6 delinquent conduct of the test result.
2-7 (d) The state may not use the fact that a medical procedure
2-8 or test was performed on a child under this section or use the
2-9 results of the procedure or test in any proceeding arising out of
2-10 the delinquent conduct.
2-11 (e) Testing under this section shall be conducted in
2-12 accordance with written infectious disease control protocols
2-13 adopted by the Texas Board of Health that clearly establish
2-14 procedural guidelines that provide criteria for testing and that
2-15 respect the rights of the child and the victim of the delinquent
2-16 conduct.
2-17 (f) Nothing in this section allows a court to release a test
2-18 result to anyone other than a person specifically authorized under
2-19 this section. Section 81.103(d), Health and Safety Code, may not
2-20 be construed to allow the disclosure of test results under this
2-21 section except as provided by this section.
2-22 SECTION 3. Article 56.02(a), Code of Criminal Procedure, is
2-23 amended to read as follows:
2-24 (a) A victim, guardian of a victim, or close relative of a
2-25 deceased victim is entitled to the following rights within the
2-26 criminal justice system:
2-27 (1) the right to receive from law enforcement agencies
2-28 adequate protection from harm and threats of harm arising from
2-29 cooperation with prosecution efforts;
2-30 (2) the right to have the magistrate take the safety
2-31 of the victim or his family into consideration as an element in
2-32 fixing the amount of bail for the accused;
2-33 (3) the right, if requested, to be informed of
2-34 relevant court proceedings and to be informed if those court
2-35 proceedings have been canceled or rescheduled prior to the event;
2-36 (4) the right to be informed, when requested, by a
2-37 peace officer concerning the defendant's right to bail and the
2-38 procedures in criminal investigations and by the district
2-39 attorney's office concerning the general procedures in the criminal
2-40 justice system, including general procedures in guilty plea
2-41 negotiations and arrangements, restitution, and the appeals and
2-42 parole process;
2-43 (5) the right to provide pertinent information to a
2-44 probation department conducting a presentencing investigation
2-45 concerning the impact of the offense on the victim and his family
2-46 by testimony, written statement, or any other manner prior to any
2-47 sentencing of the offender;
2-48 (6) the right to receive information regarding
2-49 compensation to victims of crime as provided by the Crime Victims
2-50 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
2-51 including information related to the costs that may be compensated
2-52 under that Act and the amount of compensation, eligibility for
2-53 compensation, and procedures for application for compensation under
2-54 that Act, the payment for a medical examination under Article 56.06
2-55 of this code for a victim of a sexual assault, and when requested,
2-56 to referral to available social service agencies that may offer
2-57 additional assistance;
2-58 (7) the right to be informed, upon request, of parole
2-59 procedures, to participate in the parole process, to be notified,
2-60 if requested, of parole proceedings concerning a defendant in the
2-61 victim's case, to provide to the Board of Pardons and Paroles for
2-62 inclusion in the defendant's file information to be considered by
2-63 the board prior to the parole of any defendant convicted of any
2-64 crime subject to this Act, and to be notified, if requested, of the
2-65 defendant's release;
2-66 (8) the right to be provided with a waiting area,
2-67 separate or secure from other witnesses, including the offender and
2-68 relatives of the offender, before testifying in any proceeding
2-69 concerning the offender; if a separate waiting area is not
2-70 available, other safeguards should be taken to minimize the
3-1 victim's contact with the offender and the offender's relatives and
3-2 witnesses, before and during court proceedings;
3-3 (9) the right to prompt return of any property of the
3-4 victim that is held by a law enforcement agency or the attorney for
3-5 the state as evidence when the property is no longer required for
3-6 that purpose; <and>
3-7 (10) the right to have the attorney for the state
3-8 notify the employer of the victim, if requested, of the necessity
3-9 of the victim's cooperation and testimony in a proceeding that may
3-10 necessitate the absence of the victim from work for good cause; and
3-11 (11) the right to counseling, on request, regarding
3-12 acquired immune deficiency syndrome (AIDS) and human
3-13 immunodeficiency virus (HIV) infection and testing for acquired
3-14 immune deficiency syndrome (AIDS), human immunodeficiency virus
3-15 (HIV) infection, antibodies to HIV, or infection with any other
3-16 probable causative agent of AIDS, if the offense is an offense
3-17 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code.
3-18 SECTION 4. (a) The change in law made by Section 1 of this
3-19 Act to Article 21.31(a), Code of Criminal Procedure, requiring a
3-20 person indicted for an offense under Section 21.11(a)(1), Penal
3-21 Code, to undergo certain medical procedures and tests, applies only
3-22 to a person indicted for an offense committed on or after the
3-23 effective date of this Act.
3-24 (b) The change in law made by Section 1 of this Act to
3-25 Article 21.31(a), Code of Criminal Procedure, requiring persons
3-26 convicted of certain offenses under the Penal Code to undergo
3-27 certain medical procedures and tests, applies only to a person
3-28 convicted of an offense committed on or after the effective date of
3-29 this Act.
3-30 (c) The change in law made by Section 2 of this Act to the
3-31 Family Code, adding Section 54.033 to the code and requiring that
3-32 children found at the conclusion of an adjudication hearing to have
3-33 engaged in juvenile conduct that included violations of certain
3-34 sections of the Penal Code undergo certain medical procedures and
3-35 tests, applies only to a child who engages in the delinquent
3-36 conduct on or after the effective date of this Act.
3-37 (d) For the purposes of this section, an offense is
3-38 committed or delinquent conduct that includes a violation of an
3-39 offense is engaged in before the effective date of this Act if any
3-40 element of the offense occurs before the effective date.
3-41 SECTION 5. This Act takes effect September 1, 1993.
3-42 SECTION 6. The importance of this legislation and the
3-43 crowded condition of the calendars in both houses create an
3-44 emergency and an imperative public necessity that the
3-45 constitutional rule requiring bills to be read on three several
3-46 days in each house be suspended, and this rule is hereby suspended.
3-47 * * * * *
3-48 Austin,
3-49 Texas
3-50 May 19, 1993
3-51 Hon. Bob Bullock
3-52 President of the Senate
3-53 Sir:
3-54 We, your Committee on Health and Human Services to which was
3-55 referred H.B. No. 2650, have had the same under consideration, and
3-56 I am instructed to report it back to the Senate with the
3-57 recommendation that it do pass and be printed.
3-58 Truan,
3-59 Acting Chair
3-60 * * * * *
3-61 WITNESSES
3-62 FOR AGAINST ON
3-63 ___________________________________________________________________
3-64 Name: Lacey Sloan x
3-65 Representing: Texas Asso Against Sexual Assualt
3-66 City: Austin
3-67 -------------------------------------------------------------------
3-68 Name: Shannon Noble x
3-69 Representing: Texas Women's Political Caucus
3-70 City: Austin
4-1 -------------------------------------------------------------------
4-2 Name: Grant Hartline x
4-3 Representing: Texas Asso Against Sexual Assual
4-4 City: Austin
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