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IN HB1293
Bill
Status
1/10/2017
Primary Sponsor
John Bartlett
Click for details
AI Summary
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Prosecutors must petition courts to order STD testing for defendants charged with disease-transmitting offenses when the alleged victim is under 18 years old, eliminating the requirement to first receive a request from the victim's parent or guardian.
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Courts must hold hearings within 48 hours of a testing petition and may order defendants to submit to screening tests for dangerous diseases including HIV, chlamydia, gonorrhea, syphilis, hepatitis, and tuberculosis.
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County health officers must discuss test results with the victim's parent or guardian and assist them in applying for public or private assistance for medical treatment; if assistance is unavailable, the local health department must pay for treatment.
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Health officers and care providers are immune from liability for disclosing test results as required by law, and test results remain confidential unless the defendant is convicted, with limited exceptions for victims, parents, counsel, and authorities.
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Courts must require defendants convicted of rape, child molesting, child solicitation, child seduction, sexual misconduct with a minor, or incest against victims under 18 to submit to STD testing, with results provided to the victim's parent and health officer.
Legislative Description
Sexually transmitted disease tests. Requires that if an alleged victim is less than 18 years of age, a prosecuting attorney shall petition a court to order the defendant charged with the commission of a potentially disease transmitting offense or an offense involving the transmission of a bodily fluid to submit to a screening test to determine whether the defendant is infected with a dangerous disease. (Current law requires the prosecuting attorney to petition the court after receiving a request from the alleged victim's parent, guardian, or custodian (parent).) Requires that the health officer of the county where the alleged victim
Last Action
First reading: referred to Committee on Public Health
1/10/2017