79R7851 RMB-D

By:  Farrar                                                       H.B. No. 1927



A BILL TO BE ENTITLED

AN ACT

relating to the requirement that certain offenders undergo testing 
for AIDS, HIV infection, or related conditions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 21.31, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 21.31.  AIDS TESTING.  (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)  A person who is charged with an offense under Section 
43.02, 43.03, or 43.04, Penal Code, shall, at the direction of the 
court, undergo in the manner provided by Subsection (a) a medical 
procedure or test designed to show or help show whether the person 
has a condition described by that subsection.  The court shall 
provide notice regarding the test results in writing to the person 
and, if the person is married or cohabiting with a sexual partner, 
to the person's spouse or sexual partner.  The person charged with 
the offense shall pay the costs of testing and of notification under 
this subsection.
	(c)  The state may not use the fact that a medical procedure 
or test was performed on a person under this article [subsection] or 
use the results of the procedure or test 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 2.  The change in law made by this Act applies only 
to a person charged with an offense committed on or after the 
effective date of this Act.  A person charged with an offense 
committed before the effective date of this Act 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 section, 
an offense is committed before the effective date of this Act if any 
element of the offense occurs before the effective date.
	SECTION 3.  This Act takes effect September 1, 2005.