HCS HB 1756 -- HIV TESTING OF SEXUAL OFFENDERS

SPONSOR:  Hosmer (Reid)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 12 to 0.

This substitute makes various revisions to the law requiring HIV
testing of sexual offenders.  In its major provisions, the
substitute:

(1)  Allows prosecuting attorneys who are prosecuting cases
involving transmission of HIV and prostitution to have access to
certain confidential HIV testing information.  Currently, only
prosecutors who are prosecuting cases involving disclosure of
confidential HIV information have access to the information;

(2)  Allows prosecuting attorneys or representatives of the
Department of Health and Senior Services to advise victims of sex
offenses involving sexual intercourse or deviate sexual
intercourse whether the defendant tested positive for HIV or
other specified sexually transmitted diseases;

(3)  Allows the release of HIV testing information by the
prosecuting attorney to the defense attorney in transmission of
HIV and prostitution cases as part of discovery.  It also allows
the release of this information to court personnel and jurors
hearing the case, but prohibits subsequent disclosure of the
information;

(4)  Requires individuals who are infected with HIV to notify the
health care provider if he or she is medically capable, or as
soon as he or she becomes medically capable;

(5)  Makes it unlawful for a person infected with HIV to fail to
advise the department of certain information about the identity
of individuals the person has engaged in sexual intercourse or
deviate sexual intercourse with, or to fail to comply with the
department's request for assistance in contacting individuals the
person has engaged in sexual intercourse or deviate sexual
intercourse with in the five years preceding the infected
individuals' knowledge of his or her HIV status;

(6)  Adds biting and other actions which cause a person's blood
or bodily fluids to come into contact with another's blood or
bodily fluids to the list of ways in which one can commit the
crime of recklessly exposing another to HIV;

(7)  Adds sharing needles with another person, biting another
person, and causing the exchange of blood or bodily fluids with
another person by an HIV infected person who knows of his or her
HIV status to the list of evidence that a person has acted
recklessly in creating a risk of infecting another person with
HIV;

(8)  Requires the department to turn over specified records about
a defendant's HIV-infected status and test results to peace
officers, police officers, prosecuting attorneys, and the
Attorney General upon request;

(9)  Allows the court hearing a sex offense case that involves
sexual intercourse or deviate sexual intercourse to order the
offender to undergo an HIV test, pursuant to the filing of a
motion by the prosecuting attorney.  The results of the test must
be released to the victim, the prosecuting attorney, and the
defendant's attorney.  The test results and the motion to obtain
an HIV test must be sealed in the court's file;

(10)  Allows the penalty for prostitution to be enhanced to a class B
felony if the offender knew that he or she was infected with HIV
prior to performing the act of prostitution; and

(11)  Gives the court the discretion to allow the defendant
convicted of class B misdemeanor prostitution to withdraw a
guilty plea or reverse a verdict and enter a judgement of not
guilty upon the defendant's successful completion of a drug and
alcohol abuse treatment program.  Defendants convicted of a class
B felony prostitution may not withdraw their plea or have their
verdict reversed, but the judge can consider the successful
completion of a drug and alcohol treatment program in making
sentencing determinations.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$36,000 to Unknown in FY 2003, $44,497 to Unknown in FY 2004, and
$45,831 to Unknown.

PROPONENTS:  Supporters say that the bill enhances the penalty
for those who recklessly expose others to HIV exposure.  It
allows the circuit attorney or prosecuting attorney to petition
for an order requiring HIV testing of an offender and allows the
information to be shared with the victim.  The bill would allow
victims of sexual assault to obtain information about the HIV
status of an offender sooner than current law, which allows this
information to be shared only after conviction.  The offender
testing requirements in the bill would apply to any situation
where HIV could be transmitted.  Current law applies only to
situations involving sexual contact.

Testifying for the bill were Representative Reid; and St. Louis
Circuit Attorney's Office.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am