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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain offenders undergo testing |
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for AIDS, HIV infection, or related conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 21.31, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) and amending Subsection (c) to |
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read as follows: |
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(a-1) |
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A person who is charged with an offense under Section |
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43.02, 43.03, or 43.04, Penal Code, shall, at the direction of the |
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court, undergo in the manner provided by Subsection (a) a medical |
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procedure or test designed to show or help show whether the person |
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has a condition described by that subsection. The court shall |
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provide notice regarding the test results in writing to the person |
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and, if the person is married or cohabiting with a sexual partner, |
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to the person's spouse or sexual partner. The person charged with |
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the offense shall pay the costs of testing and of notification under |
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this subsection. |
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(c) The state may not use the fact that a medical procedure |
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or test was performed on a person under Subsection (a) or (a-1) or |
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use the results of a procedure or test conducted under Subsection |
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(a) or (a-1) in any criminal proceeding arising out of the alleged |
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offense. |
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SECTION 2. The change in law made by this Act applies only |
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to a person charged with an offense committed on or after the |
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effective date of this Act. A person charged with an offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |