| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to testing certain defendants or confined persons for |
|
|
communicable diseases. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Article 18.22, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Art. 18.22. TESTING CERTAIN DEFENDANTS OR CONFINED PERSONS |
|
|
FOR COMMUNICABLE DISEASES [FOLLOWING CERTAIN ARRESTS]. |
|
|
SECTION 2. Article 18.22, Code of Criminal Procedure, is |
|
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
|
(d) to read as follows: |
|
|
(a) A person who is arrested for a misdemeanor or felony and |
|
|
who during the commission of that offense or the [an] arrest, during |
|
|
a judicial proceeding or initial period of confinement following |
|
|
the arrest, or during the person's confinement after a conviction |
|
|
or adjudication resulting from the arrest [commission of that
|
|
|
offense] causes the person's bodily fluids to come into contact |
|
|
with a peace officer, a magistrate, or an employee of a correctional |
|
|
facility where the person is confined [to come into contact with the
|
|
|
person's bodily fluids] shall, at the direction of the court having |
|
|
jurisdiction over the arrested person, undergo a medical procedure |
|
|
or test designed to show or help show whether the person has a |
|
|
communicable disease. The court may direct the person to undergo |
|
|
the procedure or test on its own motion or on the request of the |
|
|
peace officer, magistrate, or correctional facility employee. 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. Notwithstanding any other law, the person performing the |
|
|
procedure or test shall make the test results available to the local |
|
|
health authority, and the local health authority shall notify the |
|
|
peace officer, magistrate, or correctional facility employee, as |
|
|
appropriate, of the test result. The state may not use the fact |
|
|
that a medical procedure or test was performed on a person under |
|
|
this article, or use the results of the procedure or test, in any |
|
|
criminal proceeding arising out of the alleged offense. |
|
|
(b) Testing under this article shall be conducted in |
|
|
accordance with written infectious disease control protocols |
|
|
adopted by the Department [Texas Board] of State Health Services |
|
|
that clearly establish procedural guidelines that provide criteria |
|
|
for testing and that respect the rights of the arrested person and |
|
|
the peace officer, magistrate, or correctional facility employee. |
|
|
(d) In this article, "correctional facility" means: |
|
|
(1) any place described by Section 1.07(a)(14), Penal |
|
|
Code; or |
|
|
(2) a "secure correctional facility" or "secure |
|
|
detention facility" as those terms are defined by Section 51.02, |
|
|
Family Code. |
|
|
SECTION 3. The change in law made by this Act applies to a |
|
|
motion by the court or request of a magistrate or correctional |
|
|
facility employee made on or after the effective date of this Act, |
|
|
regardless of whether the offense for which the person was arrested |
|
|
or the applicable contact with bodily fluids occurred before, on, |
|
|
or after that date. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2015. |