H.B. No. 1095
AN ACT
relating to the offense of harassment by persons in certain
correctional facilities and to creating the offense of harassment
of public servant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 22.11, Penal Code, is
amended to read as follows:
Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL
FACILITIES; HARASSMENT OF PUBLIC SERVANT.
SECTION 2. Section 22.11, Penal Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) A person commits an offense if, with the intent to
assault, harass, or alarm, the person:
(1) [,] while imprisoned or confined in a correctional
or detention facility [and with intent to harass, alarm, or annoy
another person], causes another [the other] person to contact the
blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the
actor, any other person, or an animal; or
(2) causes another person the actor knows to be a
public servant to contact the blood, seminal fluid, vaginal fluid,
saliva, urine, or feces of the actor, any other person, or an animal
while the public servant is lawfully discharging an official duty
or in retaliation or on account of an exercise of the public
servant's official power or performance of an official duty.
(e) For purposes of Subsection (a)(2), the actor is presumed
to have known the person was a public servant if the person was
wearing a distinctive uniform or badge indicating the person's
employment as a public servant.
SECTION 3. Article 21.31, Code of Criminal Procedure, is
amended to read as follows:
Art. 21.31. [AIDS] TESTING FOR AIDS AND CERTAIN OTHER
DISEASES. (a) A person who is indicted for or who waives
indictment for an offense under Section 21.11(a)(1), 22.011, or
22.021, Penal Code, shall, at the direction of the court, undergo a
medical procedure or test designed to show or help show whether the
person has a sexually transmitted disease or has acquired immune
deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
infection, antibodies to HIV, or infection with any other probable
causative agent of AIDS. The court may direct the person to undergo
the procedure or test on its own motion or on the request of the
victim of the alleged offense. 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. The court may require a
defendant previously required under this article to undergo a
medical procedure or test on indictment for an offense to undergo a
subsequent medical procedure or test following conviction of the
offense. The person performing the procedure or test shall make the
test results available to the local health authority, and the local
health authority shall be required to make the notification of the
test result to the victim of the alleged offense and to the
defendant.
(b) The court shall order a person who is charged with an
offense under Section 22.11, Penal Code, to undergo in the manner
provided by Subsection (a) a medical procedure or test designed to
show or help show whether the person has HIV, hepatitis A, hepatitis
B, tuberculosis, or any other disease designated as a reportable
disease under Section 81.048, Health and Safety Code. The person
charged with the offense shall pay the costs of testing under this
subsection.
(c) The state may not use the fact that a medical procedure
or test was performed on a person under Subsection (a) [this
subsection] or use the results of a [the] procedure or test
conducted under Subsection (a) in any criminal proceeding arising
out of the alleged offense.
(d) [(b)] Testing under this article [section] 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 person accused and any victim
[the victims] of the alleged offense.
(e) This article does not permit [(c) Nothing in this
section would allow] a court to release a test result to anyone
other than those [specifically] authorized by [this] law, and the
provisions of Section 81.103(d), Health and Safety Code, may
[shall] not be construed to allow that [such] disclosure.
SECTION 4. Article 42.037, Code of Criminal Procedure, is
amended by adding Subsection (p) to read as follows:
(p) The court shall order a defendant convicted of an
offense under Section 22.11, Penal Code, to make restitution to the
victim of the offense or the victim's employer in an amount equal to
the sum of any expenses incurred by the victim or employer to:
(1) test the victim for HIV, hepatitis A, hepatitis B,
tuberculosis, or any other disease designated as a reportable
disease under Section 81.048, Health and Safety Code; or
(2) treat the victim for HIV, hepatitis A, hepatitis
B, tuberculosis, or any other disease designated as a reportable
disease under Section 81.048, Health and Safety Code, the victim
contracts as a result of the offense.
SECTION 5. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect at the time the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 6. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1095 was passed by the House on May 3,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 1095 on May 23, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1095 was passed by the Senate, with
amendments, on May 20, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor