By: Huffman S.B. No. 1183

(In the Senate - Filed March 6, 2013; March 12, 2013, read first time and referred to Committee on Criminal Justice; April 25, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 25, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1183 By: Schwertner

A BILL TO BE ENTITLED

AN ACT

relating to testing of a juvenile for a sexually transmitted disease or human immunodeficiency virus (HIV) on the filing of a petition alleging delinquent conduct that includes certain sexual offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (a), Section 54.033, Family Code, is amended to read as follows:

(a) A child against whom a petition is filed that alleges the child [found at the conclusion of an adjudication hearing under Section 54.03 of this code to have] engaged in delinquent conduct that includes [included] a violation of Section [Sections] 21.11(a)(1), 22.011, or 22.021, Penal Code, shall undergo a medical procedure or test at the direction of the juvenile court designed to show or help show whether the child has a sexually transmitted disease, acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS. The court may direct the child to undergo the procedure or test on the court's own motion or on the request of the victim of the delinquent conduct.

SECTION 2. The change in law made by this Act applies to a petition alleging delinquent conduct filed on or after the effective date of this Act, regardless of whether the alleged delinquent conduct occurred before, on, or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2013.

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