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  H.B. No. 1985
 
 
 
 
AN ACT
  relating to the requirement that certain defendants in a criminal
  case undergo testing for HIV infection and other diseases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 21.31, Code of Criminal Procedure, is
  amended by amending Subsections (a), (b), and (c) and adding
  Subsections (a-1) and (b-1) to read as follows:
         (a)  A person who is indicted for or who waives indictment
  for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021,
  Penal Code, shall, at the direction of the court on the court's own
  motion or on the request of the victim of the alleged offense,
  undergo a standard diagnostic test approved by the United States
  Food and Drug Administration for human immunodeficiency virus (HIV)
  infection and other sexually transmitted diseases [medical
  procedure or test designed to show or help show whether the person
  has a sexually transmitted disease or has acquired immune
  deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
  infection, antibodies to HIV, or infection with any other probable
  causative agent of AIDS.   The court may direct the person to undergo
  the procedure or test on its own motion or on the request of the
  victim of the alleged offense].  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.  On request of the
  victim of the alleged offense, the court shall order the defendant
  to undergo the test not later than 48 hours after an indictment for
  the offense is presented against the defendant or the defendant
  waives indictment.  Except as provided by Subsection (b-1), the
  [The] court may require a defendant previously required under this
  article to undergo a diagnostic [medical procedure or] test on
  indictment for an offense to undergo a subsequent [medical
  procedure or] test only after [following] conviction of the
  offense.  A [The] person performing a [the procedure or] test under
  this subsection shall make the test results available to the local
  health authority, and the local health authority shall be required
  to make the notification of the test results [result] to the victim
  of the alleged offense and to the defendant.
         (a-1)  If the victim requests the testing of the defendant
  and a law enforcement agency is unable to locate the defendant
  during the 48-hour period allowed for that testing under Subsection
  (a), the running of the 48-hour period is tolled until the law
  enforcement agency locates the defendant and the defendant is
  present in the jurisdiction.
         (b)  The court shall order a person who is charged with an
  offense under Section 22.11, Penal Code, to undergo in the manner
  provided by Subsection (a) a diagnostic [medical procedure or] test
  designed to show or help show whether the person has HIV, hepatitis
  A, hepatitis B, tuberculosis, or any other disease designated as a
  reportable disease under Section 81.048, Health and Safety
  Code.  The person charged with the offense shall pay the costs of
  testing under this subsection.
         (b-1)  If the results of a diagnostic test conducted under
  Subsection (a) or (b) are positive for HIV, the court shall order
  the defendant to undergo any necessary additional testing within a
  reasonable time after the test results are released.
         (c)  The state may not use the fact that a [medical procedure
  or] test was performed on a person under Subsection (a) or use the
  results of a [procedure or] test conducted under Subsection (a) in
  any criminal proceeding arising out of the alleged offense.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  covered by the law in effect when the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1985 was passed by the House on April
  22, 2009, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1985 on May 23, 2009, by the following vote:  Yeas 144, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1985 was passed by the Senate, with
  amendments, on May 21, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor