SRC-SLL S.B. 75 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 75
By: Haywood
Health & Human Services
1-21-97
As Filed


DIGEST 

Currently, Texas law does not provide for mandatory acquired immune
deficiency syndrome (AIDS) or human immunodeficiency virus (HIV) testing
of a person indicted for certain offenses in which AIDS or HIV can be
transmitted.  There is a known risk or transmitting AIDS or HIV in the
commission of offenses involving the incidental exchange of bodily fluids.
This bill provides for testing persons indicted for certain sex crimes for
AIDS and HIV. 

PURPOSE

As proposed, S.B. 75 provides for testing persons indicted for certain sex
crimes for acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV). 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 21.31(a), Code of Criminal Procedure, to
require a person indicted or who waives indictment for any offense under
Title 5, Penal Code, and for which prima facie evidence supports a finding
that the victim may have been exposed to acquired immune deficiency
syndrome (AIDS) or human immunodeficiency virus (HIV) as a result of the
commission of the offense, at the direction of the court, to undergo
testing to determine whether the person has AIDS or HIV.  Makes conforming
changes. 

SECTION 2.  Effective date: September 1, 1997.

SECTION 3.  Emergency clause.