HS HCS HB 1756 -- SEXUALLY TRANSMITTED DISEASES (Reid)

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 victims of sex offenses to receive information about
whether the defendant tested positive for HIV or other specified
sexually transmitted diseases.  The prosecuting or circuit
attorney or the Department of Health and Senior Services are
allowed to notify the victim of this information;

(3)  Allows individuals who have tested positive or false
positive to specified sexually transmitted diseases to request
test results for these infections;

(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)  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;

(6)  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;

(7)  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;

(8)  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;

(9)  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

(10)  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 in FY 2005.

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