Amend SB 215 by inserting the following SECTION,
appropriately numbered, and renumbering subsequent SECTION of the
bill accordingly:
      SECTION ___. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.22 to read as follows:
      Art. 18.22.  TESTING FOR COMMUNICABLE DISEASES. (a)  A person
who is arrested for an offense under Section 38.04, Penal Code, and
who during the commission of that offense commits an assault on a
peace officer by biting the officer or otherwise causing the
officer to come in to contact with the person's bodily fluids
shall, at the direction of the court having jurisdiction over the
arrested person, undergo a medical procedure or test designed to
show or help show whether the person has a communicable disease.
The court may direct the person to undergo the procedure or test on
its own motion or on the request of the peace officer.  If the
person refuses to submit voluntarily to the procedure or test, the
court shall require the person to submit to the procedure or test.
Notwithstanding any other law, the person performing the procedure
or test shall make the test results available to the local health
authority, and the local health authority shall notify the peace
officer of the test result.  The state may not use the fact that a
medical procedure or test was performed on a person under this
article or use the results of the procedure or test in any criminal
proceeding arising out of the alleged offense.
      (b)  Testing under this article shall be conducted in
accordance with written infectious disease control protocols
adopted by the Texas Board of Health that clearly establish
procedural guidelines that provide criteria for testing and that
respect the rights of the arrested person and the peace officer.
      (c)  Nothing in this article authorizes a court to release a
test result to a person other than a person specifically authorized
by this article and Section 81.103(d), Health and Safety Code, does
not authorize that disclosure.