1-1                                   AN ACT
 1-2     relating to the punishment for the offense of evading arrest or
 1-3     detention and to testing for communicable diseases of certain
 1-4     persons who are arrested for that offense.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subsection (b), Section 38.04, Penal Code, is
 1-7     amended to read as follows:
 1-8           (b)  An offense under this section is a Class B misdemeanor,
 1-9     except that the offense is:
1-10                 (1)  a state jail felony [Class A misdemeanor] if the
1-11     actor uses a vehicle while the actor is in flight and the actor has
1-12     not been previously convicted under this section;
1-13                 (2)  a [state jail] felony of the third degree if:
1-14                       (A)  the actor uses a vehicle while the actor is
1-15     in flight and the actor has been previously convicted under this
1-16     section; or
1-17                       (B)  [(3) a felony of the third degree if]
1-18     another suffers serious bodily injury as a direct result of an
1-19     attempt by the officer from whom the actor is fleeing to apprehend
1-20     the actor while the actor is in flight; or
1-21                 (3)  [(4)]  a felony of the second degree if another
1-22     suffers death as a direct result of an attempt by the officer from
1-23     whom the actor is fleeing to apprehend the actor while the actor is
1-24     in flight.
1-25           SECTION 2.  Chapter 18, Code of Criminal Procedure, is
 2-1     amended by adding Article 18.22 to read as follows:
 2-2           Art. 18.22.  TESTING FOR COMMUNICABLE DISEASES FOLLOWING
 2-3     CERTAIN ARRESTS.  (a)  A person who is arrested for an offense
 2-4     under Section 38.04, Penal Code, and who during the commission of
 2-5     that offense committed an assault on a peace officer by biting the
 2-6     officer or otherwise causing the officer to come into contact with
 2-7     the person's bodily fluids shall, at the direction of the court
 2-8     having jurisdiction over the arrested person, undergo a medical
 2-9     procedure or test designed to show or help show whether the person
2-10     has a communicable disease.  The court may direct the person to
2-11     undergo the procedure or test on its own motion or on the request
2-12     of the peace officer.  If the person refuses to submit voluntarily
2-13     to the procedure or test, the court shall require the person to
2-14     submit to the procedure or test.  Notwithstanding any other law,
2-15     the person performing the procedure or test shall make the test
2-16     results available to the local health authority, and the local
2-17     health authority shall notify the peace officer of the test result.
2-18     The state may not use the fact that a medical procedure or test was
2-19     performed on a person under this article, or use the results of the
2-20     procedure or test, in any criminal proceeding arising out of the
2-21     alleged offense.
2-22           (b)  Testing under this article shall be conducted in
2-23     accordance with written infectious disease control protocols
2-24     adopted by the Texas Board of Health that clearly establish
2-25     procedural guidelines that provide criteria for testing and that
2-26     respect the rights of the arrested person and the peace officer.
 3-1           (c)  Nothing in this article authorizes a court to release a
 3-2     test result to a person other than a person specifically authorized
 3-3     by this article, and Section 81.103(d), Health and Safety Code,
 3-4     does not authorize that disclosure.
 3-5           SECTION 3.  (a)  The change in law made by this Act applies
 3-6     only to an offense committed on or after the effective date of this
 3-7     Act.  For purposes of this section, an offense is committed before
 3-8     the effective date of this Act if any element of the offense occurs
 3-9     before the effective date.
3-10           (b)  An offense committed before the effective date of this
3-11     Act is covered by the law in effect when the offense was committed,
3-12     and the former law is continued in effect for that purpose.
3-13           SECTION 4.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 215 passed the Senate on
         February 26, 2001, by a viva-voce vote; and that the Senate
         concurred in House amendment on May 25, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 215 passed the House, with
         amendment, on May 16, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor