HBA-KMH C.S.H.B. 2978 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2978
By: Hamric
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current estimates indicate that between 650,000 and 900,000 Americans have
contracted some form of acquired immune deficiency syndrome (AIDS) or human
immunodeficiency virus (HIV) infection. The incidence of HIV infection is
much greater among persons convicted of prostitution.  While it is
difficult to estimate the number of prostitutes infected with HIV, a study
funded by the Centers for Disease Control, in 1990, found that one-third of
the prostitutes in New York City were HIV positive.  Rates as high as 50
percent have been reported by researchers for male prostitutes in the
United States. 

C.S.H.B. 2978 requires individuals convicted of or those who receive
deferred adjudication for prostitution to undergo testing for sexually
transmitted diseases, AIDS, and HIV.  This bill also increases the penalty
if the person knew that he or she had acquired AIDS or HIV.  Furthermore,
this bill requires the person to pay for the testing up to $100. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 43.02, Penal Code, to provide that it is a
felony of the third degree to knowingly commit the offense of prostitution
if the person knows that he or she 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.  Makes
conforming and nonsubstantive changes. 

SECTION 2.  Amends Chapter 42, Code of Criminal Procedure, by adding
Article 42.038, as follows: 

Art.  42.038.  AIDS TESTING.  (a) Requires a defendant convicted under or
receives deferred adjudication for Section 43.02 (Prositution), Penal Code,
at the direction of the court, to undergo a medical procedure or test
designed to show or help show whether the defendant has a sexually
transmitted disease (STD) or has AIDS, HIV, antibodies to HIV, or infection
with any other probable causative agent of AIDS.  Requires the court to
require the defendant to submit to the testing if the defendant refuses to
submit voluntarily.  Requires the person performing the test to make the
test results available to the local health authority. Requires the local
health authority to make the notification of the results to the defendant.
Authorizes the state to use the fact that a medical procedure or test was
performed on the defendant under this subsection or use the results of the
procedure or test in any subsequent prosecution of the defendant for an
offense under Section 43.02, Penal Code. 

(b) Requires testing under this section to 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 defendant and the victims of
the alleged offense.  

 (c) Provides that this article does not permit a court to release a test
result to anyone other than a person to whom the court is specifically
authorized by this article to release the result. 

SECTION 3.  Amends Subchapter A, Chapter 102, Code of Criminal Procedure,
as follows: 

Art.  102.020.  AIDS TESTS.  Requires a defendant convicted of an offense
under Section 43.02, Penal Code, to pay the cost of the medical procedure
or test performed on the defendant under Article 42.038, not to exceed
$100.  Provides that a person is convicted, for purposes of this article,
if a sentence is imposed or the defendant receives community supervision or
deferred adjudication. 

SECTION 4.  Amends Section 81.102(a), Health and Safety Code, to authorize
a person to require another person to undergo a medical procedure or test
designed to determine or help determine if the person has certain AIDS
related diseases or symptoms if the procedure or test is required under
Article 42.038, Code of Criminal Procedure. 

SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2978 modifies the original in the caption to make a conforming
change. 

C.S.H.B. 2978 modifies the original in SECTION 2 (proposed Article 42.038,
Code of Criminal Procedure) by applying the provisions of the section to a
person who receives deferred adjudication for prostitution. 

C.S.H.B. 2978 modifies the original by adding a new SECTION 4 to amend
Section 81.102(a) to make a conforming change and redesignates SECTIONS 4-6
of the original as SECTIONS 5-7.  For a more in-depth analysis of new
SECTION 4 please refer to the Section-by-Section Analysis in this document.