76R10010 GWK-D
By Hamric H.B. No. 2978
Substitute the following for H.B. No. 2978:
By Nixon C.S.H.B. No. 2978
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring an individual convicted of or receiving
1-3 deferred adjudication for the offense of prostitution to undergo
1-4 certain medical tests and to the creation of the offense of
1-5 engaging in prostitution while knowingly infected with certain
1-6 diseases.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 43.02, Penal Code, is amended to read as
1-9 follows:
1-10 Sec. 43.02. PROSTITUTION. (a) A person commits an offense
1-11 if he knowingly:
1-12 (1) offers to engage, agrees to engage, or engages in
1-13 sexual conduct for a fee; or
1-14 (2) solicits another in a public place to engage with
1-15 him in sexual conduct for hire.
1-16 (b) A person commits an offense if the person knows he or
1-17 she has acquired immune deficiency syndrome (AIDS) or human
1-18 immunodeficiency virus (HIV) infection, antibodies to HIV, or
1-19 infection with any other probable causative agent of AIDS, and the
1-20 person knowingly:
1-21 (1) offers to engage, agrees to engage, or engages in
1-22 sexual conduct for a fee; or
1-23 (2) solicits another in a public place to engage with
1-24 him or her in sexual conduct for hire.
2-1 (c) An offense is established under Subsection (a)(1) or
2-2 (b)(1) whether the actor is to receive or pay a fee. An offense is
2-3 established under Subsection (a)(2) or (b)(2) whether the actor
2-4 solicits a person to hire him or offers to hire the person
2-5 solicited.
2-6 (d) [(c)] An offense under Subsection (a) [this section] is
2-7 a Class B misdemeanor, unless the actor has been convicted
2-8 previously under this section, in which event it is a Class A
2-9 misdemeanor. An offense under Subsection (b) is a felony of the
2-10 third degree.
2-11 SECTION 2. Chapter 42, Code of Criminal Procedure, is
2-12 amended by adding Article 42.038 to read as follows:
2-13 Art. 42.038. AIDS TESTING. (a) A defendant who is
2-14 convicted of or receives deferred adjudication for an offense under
2-15 Section 43.02, Penal Code, shall, at the direction of the court,
2-16 undergo a medical procedure or test designed to show or help show
2-17 whether the defendant has a sexually transmitted disease or has
2-18 acquired immune deficiency syndrome (AIDS) or human
2-19 immunodeficiency virus (HIV) infection, antibodies to HIV, or
2-20 infection with any other probable causative agent of AIDS. If the
2-21 defendant refuses to submit voluntarily to the procedure or test,
2-22 the court shall require the defendant to submit to the procedure or
2-23 test. The person performing the procedure or test shall make the
2-24 test results available to the local health authority, and the local
2-25 health authority shall be required to make the notification of the
2-26 test results to the defendant. The state may use the fact that a
2-27 medical procedure or test was performed on a defendant under this
3-1 subsection or use the results of the procedure or test in any
3-2 subsequent prosecution of the defendant for an offense under
3-3 Section 43.02, Penal Code.
3-4 (b) Testing under this article shall be conducted in
3-5 accordance with written infectious disease control protocols
3-6 adopted by the Texas Board of Health that clearly establish
3-7 procedural guidelines that provide criteria for testing and that
3-8 respect the rights of the defendant and the victims of the alleged
3-9 offense.
3-10 (c) This article does not permit a court to release a test
3-11 result to anyone other than a person to whom the court is
3-12 specifically authorized by this article to release the result.
3-13 SECTION 3. Subchapter A, Chapter 102, Code of Criminal
3-14 Procedure, is amended by adding Article 102.020 to read as follows:
3-15 Art. 102.020. AIDS TESTS. (a) A defendant convicted of an
3-16 offense under Section 43.02, Penal Code, shall pay a fee that
3-17 equals the cost paid by the county for a medical procedure or test
3-18 performed on the defendant under Article 42.038, not to exceed
3-19 $100.
3-20 (b) In this article, a person is considered to have been
3-21 convicted in a case if:
3-22 (1) a sentence is imposed; or
3-23 (2) the defendant receives community supervision or
3-24 deferred adjudication.
3-25 SECTION 4. Section 81.102(a), Health and Safety Code, is
3-26 amended to read as follows:
3-27 (a) A person may not require another person to undergo a
4-1 medical procedure or test designed to determine or help determine
4-2 if a person has AIDS or HIV infection, antibodies to HIV, or
4-3 infection with any other probable causative agent of AIDS unless:
4-4 (1) the medical procedure or test is required under
4-5 Subsection (d), under Section 81.050, or under Article 21.31 or
4-6 42.038, Code of Criminal Procedure;
4-7 (2) the medical procedure or test is required under
4-8 Section 81.090, and no objection has been made under Section
4-9 81.090(l);
4-10 (3) the medical procedure or test is authorized under
4-11 Article 21.21-4, Insurance Code;
4-12 (4) a medical procedure is to be performed on the
4-13 person that could expose health care personnel to AIDS or HIV
4-14 infection, according to board guidelines defining the conditions
4-15 that constitute possible exposure to AIDS or HIV infection, and
4-16 there is sufficient time to receive the test result before the
4-17 procedure is conducted; or
4-18 (5) the medical procedure or test is necessary:
4-19 (A) as a bona fide occupational qualification
4-20 and there is not a less discriminatory means of satisfying the
4-21 occupational qualification;
4-22 (B) to screen blood, blood products, body
4-23 fluids, organs, or tissues to determine suitability for donation;
4-24 (C) in relation to a particular person under
4-25 this chapter;
4-26 (D) to manage accidental exposure to blood or
4-27 other body fluids, but only if the test is conducted under written
5-1 infectious disease control protocols adopted by the health care
5-2 agency or facility;
5-3 (E) to test residents and clients of residential
5-4 facilities of the Texas Department of Mental Health and Mental
5-5 Retardation, but only if:
5-6 (i) the test result would change the
5-7 medical or social management of the person tested or others who
5-8 associated with that person; and
5-9 (ii) the test is conducted in accordance
5-10 with guidelines adopted by the residential facility or the Texas
5-11 Department of Mental Health and Mental Retardation and approved by
5-12 the department; or
5-13 (F) to test residents and clients of residential
5-14 facilities of the Texas Youth Commission, but only if:
5-15 (i) the test result would change the
5-16 medical or social management of the person tested or others who
5-17 associate with that person; and
5-18 (ii) the test is conducted in accordance
5-19 with guidelines adopted by the Texas Youth Commission.
5-20 SECTION 5. (a) The change in law made by this Act applies
5-21 only to an offense committed on or after the effective date of this
5-22 Act. For purposes of this section, an offense is committed before
5-23 the effective date of this Act if any element of the offense occurs
5-24 before the effective date.
5-25 (b) An offense committed before the effective date of this
5-26 Act is covered by the law in effect when the offense was committed,
5-27 and the former law is continued in effect for that purpose.
6-1 SECTION 6. This Act takes effect September 1, 1999.
6-2 SECTION 7. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended.