Bill No.: HB0075                  Drafter:  MDO

LSO No.:  11LSO-0228              Effective Date:  7/1/2011

Enrolled Act No.:  HEA0007

Chapter No.:       17

Prime Sponsor:     Representative Esquibel, K.

Catch Title:       Victim notification amendments.

Subject:      Timeframe for testing of persons accused and convicted of any crime in which bodily fluids are exchanged.

Summary/Major Elements:

· Current law requires persons accused of any crime in which there was an exchange of bodily fluids to be examined for sexually transmitted diseases.  This act includes a requirement that the examination be performed within 48 hours of presentation of the information or indictment.

· Provides a mechanism whereby a court can order testing for sexually transmitted diseases within 48 hours of presentation of the information or indictment if the person accused of a crime in which bodily fluids are exchanged cannot or will not consent to the testing.

· Persons convicted of a sex offense currently must be examined for sexually transmitted diseases at the request of the victim.  This act includes a requirement that the examination be within 48 hours after conviction.

· Provides for additional testing of persons accused or convicted of any crime in which there was an exchange of bodily fluids as medically necessary and providing for release of the testing information.