Current Status Introducing Body:Senate Bill Number:955 Primary Sponsor:Giese Committee Number:11 Type of Legislation:GB Subject:Juvenile sex offenders, HIV testing of Residing Body:Senate Current Committee:Judiciary Computer Document Number:NO5/7529AC.94 Introduced Date:19940111 Last History Body:Senate Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Giese Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
955 Senate 19940111 Introduced, read first time, 11
referred to Committee
955 Senate 19931220 Prefiled, referred to 11
Committee
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TO AMEND SECTIONS 16-3-740 AND 16-15-255, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING OF CERTAIN CONVICTED SEX OFFENDERS, SO AS TO INCLUDE ADJUDICATED JUVENILE SEX OFFENDERS, TO REQUIRE THESE TESTS BE CONDUCTED UPON REQUEST OF THE VICTIM RATHER THAN WHEN A VICTIM IS EXPOSED TO BODY FLUIDS, TO REQUIRE THE SOLICITOR TO PROVIDE TEST RESULTS TO THE PARENTS OF A VICTIM WHO IS A MINOR OR MENTALLY RETARDED OR MENTALLY INCAPACITATED, TO REQUIRE THE SOLICITOR TO PROVIDE THE DEPARTMENT OF CORRECTIONS OR THE DEPARTMENT OF YOUTH SERVICES WITH POSITIVE HIV TEST RESULTS FOR THE SOLE PURPOSE OF PROVIDING TREATMENT AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE COUNSELING TO THESE OFFENDERS WHO TEST POSITIVELY FOR HIV.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-740 of the 1976 Code, as added by Act 490 of l988, is amended to read:
"Section 16-3-740. Within fifteen days of the conviction of any a person or adjudication of a juvenile under state law for a crime involving sexual battery as defined in Section l6-3-651 or sexual conduct as defined in Section l6-3-800, if the conduct results in the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, at the request of the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated, the solicitor shall require that the convicted offender or adjudicated juvenile offender be tested for Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test must be administered by the local public health authority or the medical professional at the prison or juvenile detention center where the convicted offender or adjudicated juvenile offender is imprisoned or detained. The results of the test must be reported to the South Carolina Department of Health and Environmental Control and to the solicitor who ordered the test. The solicitor shall notify the victim, or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated and the convicted sexual offender, or adjudicated juvenile offender and his parent or guardian, of the tests results. The solicitor also shall provide to the Department of Corrections or Department of Youth Services the result of a human immunodeficiency virus test conducted pursuant to this section which indicates that the convicted offender or adjudicated juvenile offender is infected with the human immunodeficiency virus. The Department of Corrections or Department of Youth Services shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detection center. The convicted offender or adjudicated juvenile offender shall pay for the test unless he the offender is indigent, in which case the cost of the test must be paid by the state. If the human immunodeficiency virus test conducted pursuant to this section indicates exposure to the human immunodeficiency virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding human immunodeficiency virus disease, human immunodeficiency virus testing for the victim at his or her request, and referral for appropriate health care and support services."
SECTION 2. Section l6-l5-255 of the l976 Code, as added by Act 490 of l988, is amended to read:
"Section 16-15-255. Upon the conviction of any a person or adjudication of a juvenile under state law for a violation of Section l6-l5-90, l6-l5-l00, l6-l5-l20, or l6-l5-l40, if the violation results in the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, the convicted offender or adjudicated juvenile offender, at the request of the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated, must be tested for Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test must be administered by the local public health authority or the medical professional at the prison or juvenile detention center if the convicted offender or adjudicated juvenile offender is imprisoned or detained. The results of the test must be reported to the South Carolina Department of Health and Environmental Control, and to the solicitor who ordered the test. The solicitor shall notify the convicted offender, or adjudicated juvenile offender and his parent or guardian and to any person who may have been exposed as a direct result of the act leading to the conviction or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated. The solicitor also shall provide to the Department of Corrections or Department of Youth Services the result of a human immunodeficiency virus test conducted pursuant to this section which indicates that the convicted offender or adjudicated juvenile offender is infected with the human immunodeficiency virus. The Department of Corrections or Department of Youth Services shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detection center. The convicted offender or adjudicated juvenile offender shall pay for the test unless he the offender is indigent, in which case the cost of the test must be paid by the State. If the human immunodeficiency virus test conducted pursuant to this section indicates exposure to the human immunodeficiency virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding human immunodeficiency virus disease, human immunodeficiency virus testing for the victim at his or her request, and referral for appropriate health care and support services."
SECTION 3. This act takes effect upon approval by the Governor.