Current Status Introducing Body:House Bill Number:4033 Primary Sponsor:Wilkins Committee Number:11 Type of Legislation:GB Subject:HIV testing Residing Body:Senate Current Committee:Judiciary Computer Document Number:JMG/1062AC.93 Introduced Date:19930414 Date of Last Amendment:19940426 Last History Body:Senate Last History Date:19940428 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilkins Clyborne Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4033 Senate 19940428 Introduced, read first time, 11
referred to Committee
4033 House 19940427 Read third time, sent to
Senate
4033 House 19940426 Amended, read second time
4033 House 19940407 Committee Report: Favorable 25
with amendment
4033 House 19930414 Introduced, read first time, 25
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 26, 1994
H. 4033
S. Printed 4/26/94--H.
Read the first time April 14, 1993.
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.
Amend Title To Conform
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 1988, 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 16-3-651 or sexual conduct as defined in Section 16-3-800, 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 Hepatitis B, Syphilis, and Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test tests 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 tests must be reported to the South Carolina Department of Health and Environmental Control and to the solicitor who ordered the test 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, or adjudicated juvenile offender and the juvenile offender's parent or guardian of the tests results. The solicitor also shall provide to the Department of Corrections or Department of Juvenile Justice the results of a Hepatitis B or Syphilis test which indicates that the offender or adjudicated juvenile is infected with the disease and the results of a Human Immunodeficiency Virus test which indicates that the convicted offender 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 or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detention center. The convicted offender or adjudicated juvenile offender shall pay for the test tests unless he the offender is indigent, in which case the cost of the test tests must be paid by the State. If the Hepatitis B or Syphilis test indicates exposure to the disease 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 or adjudicated juvenile offender regarding the disease or syndrome or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."
SECTION 2. Section 16-15-255 of the 1976 Code, as added by Act 490 of 1988, 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 16-15-90, 16-15-100, 16-15-120, or 16-15-140, 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 Hepatitis B, Syphilis, and Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test tests 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 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 convicted offender, or adjudicated juvenile offender and the juvenile's parent or guardian and to any person who may have been exposed as a direct result of the act leading to the conviction or adjudication and 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 Juvenile Justice the results of a Hepatitis B or Syphilis test which indicates that the offender or adjudicated juvenile is infected with the disease and the results 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 Juvenile Justice 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 detention center. The convicted offender or adjudicated juvenile offender shall pay for the test tests unless he the offender is indigent, in which case the cost of the test tests must be paid by the State. If the Hepatitis B or Syphilis test indicates exposure to the disease 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 or adjudicated juvenile offender regarding the disease or syndrome or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."
SECTION 3. This act takes effect upon approval by the Governor.