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From the 2005 Regular Session of the Texas Legislature

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	H.B. No. 1095



AN ACT



relating to the offense of
harassment by persons in certain correctional facilities
and to creating the offense of harassment of public
servant.


BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF TEXAS:


SECTION 1.  The heading to
Section 22.11, Penal Code, is amended to read as follows:


Sec. 22.11.  HARASSMENT BY
PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT
OF PUBLIC SERVANT.  


SECTION 2.  Section 22.11,
Penal Code, is amended by amending Subsection (a) and
adding Subsection (e) to read as follows:


(a)  A person commits an offense
if, with the intent to assault, harass, or alarm,
the person:


	(1)  ,
while imprisoned or confined in a correctional or detention
facility and with intent to harass, alarm,
or annoy another person, causes another
the other person to contact the
blood, seminal fluid, vaginal fluid, saliva, urine,
or feces of the actor, any other person, or an animal;
or


	(2)  causes another
person the actor knows to be a public servant to contact
the blood, seminal fluid, vaginal fluid, saliva, urine,
or feces of the actor, any other person, or an animal
while the public servant is lawfully discharging an
official duty or in retaliation or on account of an
exercise of the public servant's official power or
performance of an official duty.


(e)  For purposes of Subsection
(a)(2), the actor is presumed to have known the person
was a public servant if the person was wearing a distinctive
uniform or badge indicating the person's employment
as a public servant.


SECTION 3.  Article 21.31,
Code of Criminal Procedure, is amended to read as follows:


Art. 21.31.  AIDS
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) this
subsection or use the results of a
the procedure or test conducted
under Subsection (a) in any criminal proceeding
arising out of the alleged offense.


(d) (b)
 Testing under this article section
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
the victims of the alleged offense.


(e)  This article does
not permit (c)  Nothing in this section
would allow a court to release a test result
to anyone other than those specifically
authorized by this law, and
the provisions of Section 81.103(d), Health and Safety
Code, may shall not be construed
to allow that such disclosure.


SECTION 4.  Article 42.037,
Code of Criminal Procedure, is amended by adding Subsection
(p) to read as follows:


(p)  The court shall order
a defendant convicted of an offense under Section 22.11,
Penal Code, to make restitution to the victim of the
offense or the victim's employer in an amount equal
to the sum of any expenses incurred by the victim or
employer to:


	(1)  test the victim
for HIV, hepatitis A, hepatitis B, tuberculosis, or
any other disease designated as a reportable disease
under Section 81.048, Health and Safety Code; or


	(2)  treat the victim
for HIV, hepatitis A, hepatitis B, tuberculosis, or
any other disease designated as a reportable disease
under Section 81.048, Health and Safety Code, the victim
contracts as a result of the offense.


SECTION 5.  The changes in
law made by this Act apply 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 at the time 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 was committed
before that date.


SECTION 6.  This Act takes
effect September 1, 2005.




______________________________	______________________________


   President of the Senate	Speaker
of the House      


I certify that H.B. No. 1095
was passed by the House on May 3, 2005, by a non-record
vote; and that the House concurred in Senate amendments
to H.B. No. 1095 on May 23, 2005, by a non-record vote.



______________________________




Chief
Clerk of the House   



I certify that H.B. No. 1095
was passed by the Senate, with amendments, on May 20,
2005, by the following vote:  Yeas 31, Nays 0.



______________________________




Secretary
of the Senate   



APPROVED: __________________


                 Date    
  


          __________________


               Governor