By: Huffman  S.B. No. 779
         (In the Senate - Filed February 25, 2015; March 2, 2015,
  read first time and referred to Committee on State Affairs;
  April 23, 2015, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 2; April 23, 2015,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 779 By:  Huffman
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to access to certain medical test results in a criminal
  proceeding; amending provisions subject to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.103, Health and Safety Code, is
  amended by adding Subsections (c-1), (c-2), and (k-1) to read as
  follows:
         (c-1)  Subject to Subsection (k-1), a test result is subject
  to and may be released or disclosed under a subpoena issued under
  Chapter 20 or 24, Code of Criminal Procedure, in a criminal
  proceeding.
         (c-2)  Notwithstanding any other law, a person who releases
  or discloses a test result in response to a subpoena issued under
  Chapter 20 or 24, Code of Criminal Procedure, in a criminal
  proceeding is not subject to any criminal or civil liability or
  professional disciplinary action for releasing or disclosing the
  test result, except in a case of gross negligence or wilful
  misconduct.
         (k-1)  Before entering into evidence or otherwise releasing
  or disclosing a test result obtained by subpoena under Subsection
  (c-1) in a criminal proceeding, the court in which the test result
  is to be presented as evidence or otherwise released or disclosed
  shall issue a protective order or take other action to limit the
  release or disclosure of the test result. For a test result
  obtained under a grand jury subpoena, the court responsible for the
  grand jury shall issue the order or take other action to limit the
  release or disclosure of the test result before the test result is
  presented to the grand jury.
         SECTION 2.  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.
 
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