78R815 PEP-D

By:  Allen                                                        H.B. No. 2669



A BILL TO BE ENTITLED

AN ACT

relating to mandatory controlled substance testing for certain 
persons who are arrested or have been confined for the commission of 
a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 15.17, Code of Criminal Procedure, is 
amended by adding Subsection (g) to read as follows:
	(g)  When a person charged with an offense other than a 
misdemeanor punishable by fine only is taken before a magistrate 
under this article, the magistrate shall order the person to submit 
to a test of the person's breath, blood, or other bodily substance 
for the purpose of determining the presence of controlled 
substances in the person's body and shall designate in the order the 
appropriate local law enforcement agency to supervise the 
administration of the test.  The person shall submit to the test not 
later than the third day after the day the person appears before the 
magistrate.
	SECTION 2.  Chapter 15, Code of Criminal Procedure, is 
amended by adding Article 15.171 to read as follows:
	Art. 15.171.  TESTING FOR CONTROLLED SUBSTANCES.  A local 
law enforcement agency designated by a magistrate in an order 
issued under Article 15.17(g) shall supervise the administration of 
a test for the purpose of determining the presence of controlled 
substances in the person's body.  The local law enforcement agency 
shall report the results of the test in writing to the court having 
jurisdiction over final disposition of the charges against the 
person.
	SECTION 3.  The heading to Chapter 46A, Code of Criminal 
Procedure, is amended to read as follows:

CHAPTER 46A.  CERTAIN HEALTH-RELATED [AIDS AND HIV] TESTING IN 
COUNTY AND MUNICIPAL JAILS
	SECTION 4.  The heading to Article 46A.01, Code of Criminal 
Procedure, is amended to read as follows:
	Art. 46A.01.  AIDS TESTING; SEGREGATION; DISCLOSURE.                    
	SECTION 5.  Chapter 46A, Code of Criminal Procedure, is 
amended by adding Article 46A.02 to read as follows:
	Art. 46A.02.  TESTING FOR CONTROLLED SUBSTANCES.  An inmate 
confined in a county jail after conviction of an offense shall at 
the request of the county submit to a test of the inmate's breath, 
blood, or other bodily substance for the purpose of determining the 
presence of controlled substances in the inmate's body.  The county 
shall administer the test on or before the seventh day after the day 
the inmate is first confined.
	SECTION 6.  Section 500.007, Government Code, is amended to 
read as follows: 
	Sec. 500.007.  TESTING FOR CONTROLLED SUBSTANCES.  (a)  An 
inmate housed in a facility operated by or under contract with the 
department shall at the request of the department submit to a test 
of the inmate's breath, blood, or other bodily substance for the 
purpose of determining the presence of controlled substances in the 
inmate's body.  The institutional division shall administer the 
test during the diagnostic process.  The state jail division shall 
administer the test on admission of the inmate to a state jail 
felony facility.
	(b)  The department after consultation with the Criminal 
Justice Policy Council shall implement a program to randomly test, 
for the purpose of determining the presence of controlled 
substances, the breath, blood, or other bodily substances of 
inmates housed in facilities operated by or under contract with the 
department.
	[(b)]  The department annually shall randomly test not less 
than five percent of the inmates housed in facilities operated by or 
under contract with the department.
	(c)  The department shall use the most cost-effective means 
possible to perform the tests required by this section, and shall 
actively seek grants from the federal government or other sources 
to expand the program created under Subsection (b) [this section].
	(d)  If the department performs a test described by this 
section [Subsection (a)] and determines the presence of a 
controlled substance in an inmate, the department may in return for 
the cooperation of the inmate in identifying the individual who 
delivered the controlled substance to the inmate defer or dismiss 
punitive actions, including criminal prosecution, forfeiture of 
good conduct time or reduction in good conduct time earning status, 
or forfeiture of privileges, that the department could otherwise 
take against the inmate.
	SECTION 7.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to a 
person arrested, or an inmate confined in a correctional facility, 
for an offense committed on or after September 1, 2003.  A person 
arrested, or an inmate confined in a correctional facility, for an 
offense committed before September 1, 2003, is covered by the law in 
effect when the offense was committed, and the former law is 
continued in effect for that purpose.  For purposes of this 
subsection, an offense was committed before September 1, 2003, if 
any element of the offense was committed before that date.