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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain medical test results in a criminal |
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proceeding; amending provisions subject to a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.103, Health and Safety Code, is |
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amended by adding Subsections (c-1), (c-2), and (k-1) to read as |
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follows: |
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(c-1) Subject to Subsection (k-1), a test result is subject |
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to and may be released or disclosed under a subpoena issued under |
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Chapter 20 or 24, Code of Criminal Procedure, in a criminal |
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proceeding. |
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(c-2) Notwithstanding any other law, a person who releases |
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or discloses a test result in response to a subpoena issued under |
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Chapter 20 or 24, Code of Criminal Procedure, in a criminal |
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proceeding is not subject to any criminal or civil liability or |
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professional disciplinary action for releasing or disclosing the |
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test result, except in a case of gross negligence or wilful |
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misconduct. |
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(k-1) Before entering into evidence or otherwise releasing |
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or disclosing a test result obtained by subpoena under Subsection |
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(c-1) in a criminal proceeding, the court in which the test result |
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is to be presented as evidence or otherwise released or disclosed |
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shall issue a protective order or take other action to limit the |
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release or disclosure of the test result. For a test result |
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obtained under a grand jury subpoena, the court responsible for the |
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grand jury shall issue the order or take other action to limit the |
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release or disclosure of the test result before the test result is |
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presented to the grand jury. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |