Texas Code of Criminal Procedure - Article 21.31. Testing For Aids And Certain Other Diseases
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Art. 21.31. TESTING FOR AIDS AND CERTAIN OTHER
DISEASES. (a) A person who is indicted for or who waives
indictment for an offense under Section 21.11(a)(1), 22.011, or
22.021, Penal Code, shall, at the direction of the court, undergo a
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. The court may require a
defendant previously required under this article to undergo a
medical procedure or test on indictment for an offense to undergo a
subsequent medical procedure or test following conviction of the
offense. The person performing the procedure or test 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 result to the victim of the alleged offense and to the
defendant.
(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 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.
(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.
(d) Testing under this article shall be conducted in
accordance with written infectious disease control protocols
adopted by the Texas Board of Health that clearly establish
procedural guidelines that provide criteria for testing and that
respect the rights of the person accused and any victim of the
alleged offense.
(e) This article does not permit a court to release a test
result to anyone other than those authorized by law, and the
provisions of Section 81.103(d), Health and Safety Code, may not be
construed to allow that disclosure.
Acts 1987, 70th Leg., 2nd C.S., ch. 55, Sec. 3, eff. Oct. 20, 1987.
Subsec. (c) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(7),
eff. Sept. 1, 1991; Subsec. (a) amended by Acts 1993, 73rd Leg.,
ch. 811, Sec. 1, eff. Sept. 1, 1993; amended by Acts 2005, 79th
Leg., ch. 543, Sec. 3, eff. Sept. 1, 2005.
Article: 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 22.01 22.02 22.021 22.03 22.04 22.05 22.06
Last modified: August 11, 2007
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