By Hamric                                       H.B. No. 2303

      75R7979 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring an individual convicted of the offense of

 1-3     prostitution to undergo certain medical tests and to the creation

 1-4     of the offense of engaging in prostitution while knowingly infected

 1-5     with certain diseases.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 43.02, Penal Code, is amended to read as

 1-8     follows:

 1-9           Sec. 43.02.  PROSTITUTION.  (a)  A person commits an offense

1-10     if he knowingly:

1-11                 (1)  offers to engage, agrees to engage, or engages in

1-12     sexual conduct for a fee; or

1-13                 (2)  solicits another in a public place to engage with

1-14     him in sexual conduct for hire.

1-15           (b)  A person commits an offense if the person knows he or

1-16     she has acquired immune deficiency syndrome (AIDS) or human

1-17     immunodeficiency virus (HIV) infection, antibodies to HIV, or

1-18     infection with any other probable causative agent of AIDS, and the

1-19     person knowingly:

1-20                 (1)  offers to engage, agrees to engage, or engages in

1-21     sexual conduct for a fee; or

1-22                 (2)  solicits another in a public place to engage with

1-23     him or her in sexual conduct for hire.

1-24           (c)  An offense is established under Subsection (a)(1) or

 2-1     (b)(1) whether the actor is to receive or pay a fee.  An offense is

 2-2     established under Subsection (a)(2) or (b)(2) whether the actor

 2-3     solicits a person to hire him or offers to hire the person

 2-4     solicited.

 2-5           (d) [(c)]  An offense under Subsection (a) [this section] is

 2-6     a Class B misdemeanor, unless the actor  has been convicted

 2-7     previously under this section, in which event it is a Class A

 2-8     misdemeanor.  An offense under Subsection (b) is a felony of the

 2-9     third degree.

2-10           SECTION 2.  Chapter 42, Code of Criminal Procedure, is

2-11     amended by adding Article 42.038 to read as follows:

2-12           Art. 42.038.  AIDS TESTING.  (a)  A defendant who is

2-13     convicted of an offense under  Section 43.02, Penal Code, shall, at

2-14     the direction of the court, undergo a medical procedure or test

2-15     designed to show or help show whether the defendant has a sexually

2-16     transmitted disease or has acquired immune deficiency syndrome

2-17     (AIDS) or human immunodeficiency virus (HIV) infection, antibodies

2-18     to HIV, or infection with any other probable causative agent of

2-19     AIDS.  If the defendant refuses to submit voluntarily to the

2-20     procedure or test, the court shall require the defendant to submit

2-21     to the procedure or test.  The person performing the procedure or

2-22     test shall make the test results available to the local health

2-23     authority, and the local health authority shall be required to make

2-24     the notification of the test result to the defendant.  The state

2-25     may use the fact that a medical procedure or test was performed on

2-26     a defendant under this subsection or use the results of the

2-27     procedure or test in any subsequent prosecution of the defendant

 3-1     for an offense under Section 43.02, Penal Code.

 3-2           (b)  Testing under this article shall be conducted in

 3-3     accordance with written infectious disease control protocols

 3-4     adopted by the Texas Board of Health that clearly establish

 3-5     procedural guidelines that provide criteria for testing and that

 3-6     respect the rights of the defendant and the victims of the alleged

 3-7     offense.

 3-8           (c)  This article does not permit a court to release a test

 3-9     result to anyone other than a person to whom the court is

3-10     specifically authorized by this article to release the result.

3-11           SECTION 3.  Subchapter A, Chapter 102, Code of Criminal

3-12     Procedure, is amended by adding Article 102.019 to read as follows:

3-13           Art. 102.019.  AIDS TESTS.  (a)  A defendant convicted of an

3-14     offense under Section 43.02, Penal Code, shall pay a fee that

3-15     equals the cost paid by the county for a medical procedure or test

3-16     performed on the defendant under Article 42.038, not to exceed

3-17     $100.

3-18           (b)  In this article, a person is considered to have been

3-19     convicted in a case if:

3-20                 (1)  a sentence is imposed; or

3-21                 (2)  the defendant receives community supervision or

3-22     deferred adjudication.

3-23           SECTION 4.  (a)  The change in law made by this Act applies

3-24     only to an offense committed on or after the effective date of this

3-25     Act.  For purposes of this section, an offense is committed before

3-26     the effective date of this Act if any element of the offense occurs

3-27     before the effective date.

 4-1           (b)  An offense committed before the effective date of this

 4-2     Act is covered by the law in effect when the offense was committed,

 4-3     and the former law is continued in effect for that purpose.

 4-4           SECTION 5.  This Act takes effect September 1, 1997.

 4-5           SECTION 6.  The importance of this legislation and the

 4-6     crowded condition of the calendars in both houses create an

 4-7     emergency and an imperative public necessity that the

 4-8     constitutional rule requiring bills to be read on three several

 4-9     days in each house be suspended, and this rule is hereby suspended.