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.