Current Status Introducing Body:Senate Bill Number:112 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:AIDS, testing of Residing Body:Senate Current Committee:Judiciary Computer Document Number:JIC/5002AC.93 Introduced Date:19930112 Last History Body:Senate Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Courtney Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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112 Senate 19930112 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-745 SO AS TO PROVIDE THAT A VICTIM OF A CRIME MAY REQUEST A WARRANT REQUIRING THE ACCUSED TO BE TESTED FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) WHEN BODY FLUIDS MAY HAVE BEEN TRANSFERRED TO THE VICTIM DURING COMMISSION OF THE CRIME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-745. (A) When a defendant has been charged by complaint, information, or indictment with a crime or a minor is the subject of a petition filed in juvenile court alleging commission of a crime, the court, at the request of the victim, may issue a search warrant for the purpose of testing the accused's blood with any human immunodeficiency virus (HIV) test found by the court to be safe and reliable. The search warrant may be issued only if the court finds upon the conclusion of the hearing provided for in subsection (B) that there is probable cause to believe that the accused committed the offense and that there is probable cause to believe that blood, semen, or other body fluid capable of transmitting the human immunodeficiency virus has been transferred from the accused to the victim.
(B) Before issuing a search warrant the court shall conduct a hearing at which both the victim and the defendant have the right to be present. During the hearing only affidavits, counter affidavits, and medical reports regarding the facts which support or rebut issuing of a search warrant are admissible. This hearing may be combined with a preliminary hearing.
(C) In all cases in which a person has been charged with the commission of a crime or is the subject of a petition filed in a juvenile court alleging the commission of a crime, the prosecutor shall advise the victim of the right to request a search warrant for the purpose of testing the accused's blood as provided for in subsection (A). Before the victim makes a request the prosecutor shall refer the victim to the local health department for counseling concerning the extent to which the particular circumstances of the crime may have put the victim at risk of transmission of HIV from the accused and the benefits and limitations of the current tests for HIV, and to assist the victim in deciding whether to request that the accused be tested and whether the victim is to be tested. In ruling on the victim's request the court may not consider the failure of a prosecutor to refer or advise the victim as provided in this subsection or the failure or refusal by the victim to seek or obtain counseling.
(D) Blood tested pursuant to this section is subject to appropriate confirmatory tests to ensure accuracy of the first test results, and under no circumstances may test results be disclosed to the victim or the accused unless an initially reactive test result has been confirmed by appropriate confirmatory tests for positive reactors.
(E) The local health department is responsible for disclosing test results to the victim requesting the test and to the accused who was tested. Positive test results must not be disclosed to the victim or to the accused without providing or offering professional counseling appropriate to the circumstances. The local health department and the victim shall comply with all laws and policies relating to medical confidentiality applicable to the testing and test results authorized by this section.
(F) A victim who receives information from the health department pursuant to this section may disclose the test result as the victim considers necessary to protect the victim's health and safety or the health and safety of the victim's family or sexual partner.
(G) A person disclosing test results or information pursuant to this section is immune from civil liability for any action taken in compliance with this section.
(H) Blood test results obtained pursuant to this section must not be used in any criminal proceeding. Nothing in this section authorizes mandatory testing or disclosure of test results for use by a prosecutor in making a charging decision nor does this section authorize breach of any confidentiality statute or regulation."
SECTION 2. This act takes effect upon approval by the Governor.