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By:  Staples                                                      S.B. No. 1835
	(In the Senate - Filed March 14, 2003; March 24, 2003, read 
first time and referred to Committee on Criminal Justice; 
April 28, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 6, Nays 0; April 28, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1835                                   By:  Williams


A BILL TO BE ENTITLED

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.                           



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