Bill Text: TX HB1595 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to testing certain defendants or confined persons for communicable diseases.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2015-06-17 - Effective immediately [HB1595 Detail]
Download: Texas-2015-HB1595-Enrolled.html
| H.B. No. 1595 | ||
|
|
||
| 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 [ |
||
| 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 [ |
||
| 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 [ |
||
|
|
||
| with a peace officer, a magistrate, or an employee of a correctional | ||
| facility where the person is confined [ |
||
|
|
||
| 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 [ |
||
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1595 was passed by the House on April | ||
| 23, 2015, by the following vote: Yeas 137, Nays 0, 3 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1595 was passed by the Senate on May | ||
| 26, 2015, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
