By Hamric                                             H.B. No. 2978
         76R5614 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 results 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 102.020 to read as follows:
3-13           Art. 102.020.  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, 1999.
 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.