Bill Text: TX SB779 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to access to certain medical test results in a criminal proceeding; amending provisions subject to a criminal penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2015-05-26 - Placed on General State Calendar [SB779 Detail]
Download: Texas-2015-SB779-Comm_Sub.html
| By: Huffman | S.B. No. 779 | |
| (Bonnen of Brazoria) | ||
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| relating to access to certain medical test results in a criminal | ||
| proceeding; amending provisions subject to a criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 81.103, Health and Safety Code, is | ||
| amended by adding Subsections (c-1), (c-2), and (k-1) to read as | ||
| follows: | ||
| (c-1) Subject to Subsection (k-1), a test result is subject | ||
| to and may be released or disclosed under a subpoena issued under | ||
| Chapter 20 or 24, Code of Criminal Procedure, in a criminal | ||
| proceeding. | ||
| (c-2) Notwithstanding any other law, a person who releases | ||
| or discloses a test result in response to a subpoena issued under | ||
| Chapter 20 or 24, Code of Criminal Procedure, in a criminal | ||
| proceeding is not subject to any criminal or civil liability or | ||
| professional disciplinary action for releasing or disclosing the | ||
| test result, except in a case of gross negligence or wilful | ||
| misconduct. | ||
| (k-1) Before entering into evidence or otherwise releasing | ||
| or disclosing a test result obtained by subpoena under Subsection | ||
| (c-1) in a criminal proceeding, the court in which the test result | ||
| is to be presented as evidence or otherwise released or disclosed | ||
| shall issue a protective order or take other action to limit the | ||
| release or disclosure of the test result. For a test result | ||
| obtained under a grand jury subpoena, the court responsible for the | ||
| grand jury shall issue the order or take other action to limit the | ||
| release or disclosure of the test result before the test result is | ||
| presented to the grand jury. | ||
| SECTION 2. 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. | ||
