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                                                                  S.B. No. 1835




AN ACT

relating to testing for communicable diseases certain people who 
are arrested.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Article 18.22, Code of Criminal 
Procedure, is amended to read as follows:
	(a) A person who is arrested for a misdemeanor or felony [an 
offense under Section 38.04, Penal Code,] and who during the 
commission of that offense or an arrest following the commission of 
that offense causes a peace [committed an assault on a peace officer 
by biting the officer or otherwise causing the] officer to come into 
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.
	SECTION 2.  This Act takes effect September 1, 2003.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1835 passed the Senate on 
May 6, 2003, by the following vote:  Yeas 31, Nays 0; 
May 31, 2003, Senate refused to concur in House amendment and 
requested appointment of Conference Committee; May 31, 2003, House 
granted request of the Senate; June 1, 2003, Senate adopted 
Conference Committee Report by a viva-voce vote.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1835 passed the House, with 
amendment, on May 28, 2003, by a non-record vote; May 31, 2003, 
House granted request of the Senate for appointment of Conference 
Committee; June 1, 2003, House adopted Conference Committee Report 
by the following vote:  Yeas 86, Nays 53, two present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
           Date



______________________________ 
          Governor