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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 defendants in a criminal |
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case undergo testing for AIDS, HIV infection, or related |
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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 amending Subsection (a) and adding Subsections (a-1) and |
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(b-1) to read as follows: |
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(a) A person who is indicted for or who waives indictment |
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for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, |
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Penal Code, shall, at the direction of the court, undergo a medical |
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procedure or test designed to show or help show whether the person |
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has a sexually transmitted disease or has acquired immune |
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deficiency syndrome (AIDS) or human immunodeficiency virus (HIV) |
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infection, antibodies to HIV, or infection with any other probable |
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causative agent of AIDS. The court may direct the person to undergo |
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the procedure or test on its own motion [or on the request of the
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victim of the alleged offense]. If the person refuses to submit |
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voluntarily to the procedure or test, the court shall require the |
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person to submit to the procedure or test. On request of the victim |
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of the alleged offense, the court shall order the defendant to |
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undergo the procedure or test not later than 48 hours after an |
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indictment for the offense is presented against the defendant or |
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the defendant waives indictment. Except as provided by Subsection |
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(b-1), the [The] court may require a defendant previously required |
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under this article to undergo a medical procedure or test on |
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indictment for an offense to undergo a subsequent medical procedure |
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or test only after [following] conviction of the offense. A [The] |
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person performing a [the] procedure or test under this subsection |
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shall make the test results available to the local health |
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authority, and the local health authority shall be required to make |
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the notification of the test results [result] to the victim of the |
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alleged offense and to the defendant. |
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(a-1) If the victim requests the testing of the defendant |
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and a law enforcement agency is unable to locate the defendant |
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during the 48-hour period allowed for that testing under Subsection |
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(a), the running of the 48-hour period is tolled until the law |
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enforcement agency locates the defendant and the defendant is |
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present in the jurisdiction. |
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(b-1) If the results of a medical procedure or test |
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conducted under Subsection (a) or (b) are positive for HIV or AIDS, |
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the court shall order the defendant to undergo any necessary |
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additional testing within a reasonable time after the results are |
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released. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |