By Haywood                                              S.B. No. 75

      75R1159 GWK-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring defendants charged with certain assaultive

 1-3     offenses to submit to testing for AIDS or HIV.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 21.31(a), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (a)  A person who is indicted for or who waives indictment

 1-8     for an offense under Section 21.11(a)(1), 22.011, or 22.021, Penal

 1-9     Code, or for any offense that is under Title 5, Penal Code, and for

1-10     which prima facie evidence supports a finding that as a result of

1-11     the commission of the offense the victim may have been exposed to

1-12     acquired immune deficiency syndrome (AIDS) or human

1-13     immunodeficiency virus (HIV), shall, at the direction of the court,

1-14     undergo a medical procedure or test designed to show or help show

1-15     whether the person has a sexually transmitted disease or has

1-16     [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.  The

1-19     court may direct the person to undergo the procedure or test on its

1-20     own motion or on the request of the victim of the alleged offense.

1-21     If the person refuses to submit voluntarily to the procedure or

1-22     test, the court shall require the person to submit to the procedure

1-23     or test.  The court may require a defendant previously required

1-24     under this article to undergo a medical procedure or test on

 2-1     indictment for an offense to undergo a subsequent medical procedure

 2-2     or test following conviction of the offense.  The person performing

 2-3     the procedure or test shall make the test results available to the

 2-4     local health authority, and the local health authority shall be

 2-5     required to make the notification of the test result to the victim

 2-6     of the alleged offense and to the defendant.  The state may not use

 2-7     the fact that a medical procedure or test was performed on a person

 2-8     under this subsection or use the results of the procedure or test

 2-9     in any criminal proceeding arising out of the alleged offense.

2-10           SECTION 2.  This Act takes effect September 1, 1997.

2-11           SECTION 3.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.