H 4426 Session 111 (1995-1996)
H 4426 General Bill, By R. Smith, Clyburn, Davenport, Easterday, Fleming,
J.L. Harris, Haskins, R.J. Herdklotz, M. Hines, T.E. Huff, H.G. Hutson, Knotts,
Mason, Meacham, Riser, Robinson, Sharpe, Simrill, Trotter, Vaughn, D.C. Waldrop and
Witherspoon
A Bill to amend Section 16-3-740, Code of Laws of South Carolina, 1976,
relating to the testing of certain convicted offenders for certain diseases,
so as to provide that an adult or juvenile arrested for certain offenses must
be tested for certain diseases and to further provide for the testing
including the times the tests must be conducted.
01/11/96 House Introduced and read first time HJ-1
01/11/96 House Referred to Committee on Judiciary HJ-2
A BILL
TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE TESTING OF CERTAIN
CONVICTED OFFENDERS FOR CERTAIN DISEASES, SO AS
TO PROVIDE THAT AN ADULT OR JUVENILE ARRESTED
FOR CERTAIN OFFENSES MUST BE TESTED FOR CERTAIN
DISEASES AND TO FURTHER PROVIDE FOR THE TESTING
INCLUDING THE TIMES THE TESTS MUST BE
CONDUCTED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 16-3-740 of the 1976 Code, as last
amended by Act 430 of 1994, is further amended to read:
"Section 16-3-740. (A) Within fifteen
two days of the conviction arrest of a
person or adjudication of an adult or a juvenile under
state law for a crime involving sexual battery as defined in Section
16-3-651 or sexual conduct as defined in Section 16-3-800, the
solicitor shall make a motion, and the court shall order that the
convicted offender or adjudicated accused adult or
juvenile offender be tested for Hepatitis B and all sexually
transmitted diseases, including Human Immunodeficiency Virus
(HIV), the virus that causes Acquired Immunodeficiency Syndrome
(AIDS).
(B) Within fifteen two days of the
conviction arrest of any person an
adult or adjudication of a juvenile under state law for a
criminal offense, other than those offenses provided for in Section
16-15-255, where the victim has may have been
exposed to blood or vaginal, seminal, or other body fluids of the
convicted offender accused adult or juvenile, upon
motion of the solicitor or upon the court's own motion, the court
may order that the convicted offender accused adult or
juvenile be tested for Hepatitis B and all sexually transmitted
diseases, including Human Immunodeficiency Virus (HIV), the
virus that causes Acquired Immunodeficiency Syndrome (AIDS).
(C) The tests must be administered by the local public health
authority or the medical professional at the prison or juvenile
detention center location where the convicted
offender adult or adjudicated juvenile
offender is imprisoned or detained. The results of
the tests must be reported to the South Carolina Department of
Health and Environmental Control and to the solicitor who ordered
the tests. 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
accused adult or adjudicated juvenile
offender and the accused juvenile offender's
juvenile's parent or guardian of the tests results. The
solicitor also shall provide to the Department of Corrections or
Department of Juvenile Justice the test results for Hepatitis B and
other sexually transmitted diseases which indicate that the
offender accused adult or adjudicated
juvenile is infected with the disease and the results of a Human
Immunodeficiency Virus test which indicate that the
convicted offender accused adult or
adjudicated juvenile offender is infected with the
Human Immunodeficiency Virus. The Department of Corrections
or Department of Juvenile Justice shall use this information solely
for the purpose of providing medical treatment to the convicted
offender accused adult or adjudicated juvenile
offender while incarcerated detained in a
state penitentiary or correctional institution, county jail, or
an adult or juvenile detention center. The convicted
offender accused adult or adjudicated juvenile
offender shall pay for the tests unless the offender
he is indigent, in which case the cost of the tests must be
paid by the State. If the tests given pursuant to this section indicate
exposure to a sexually transmitted disease, Hepatitis B, or if the
Human Immunodeficiency Virus test indicates exposure to Acquired
Immunodeficiency Syndrome (AIDS) or to the Human
Immunodeficiency Virus, the Department of Health and
Environmental Control shall provide counseling to the victim and
the convicted offender accused adult or
adjudicated juvenile offender regarding the disease,
syndrome, or virus, testing for the victim at the victim's request,
and referral for appropriate health care and support services."
SECTION 2. This act takes effect upon approval by the
Governor.
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