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AOUSS FILE ~ MAR ll 7993 BY COMMITTEE ON JUDICIARY

AND LAW ENFORCEMENT Place On Culendar

(SUCCESSOR TO HSB 71)

Passed

Vote:

Passed Senate, Date :.Jz...jc,_p Vote: Ayes tJ 1 Nays -;5--

An

BE

, Approved

A BILL FOR

Act relating to the testing of a person for the human

immunodeficiency virus following conviction for certain

offenses, making relief provisions applicable for violation of

confidentiality, and providing a penalty.

IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

TLSB 1830HV 75

pf 1 scr~

S.F. H.F.

1 Section 1. NEW SECTION. 709B.l DEFINITIONS.

2 As used in this chapter, unless the context otherwise

3 requ1res:

4 1. "AIDS" means acquired immune deficiency syndrome as

5 def1ned by the centers for disease control of the United

6 States department of health and human services.

7 2. ''Convicted offender'' means a person conv1cted of a

8 sexual assault.

9 :l . "Department'' means the Iowa department of public

10 health.

11 4 . "Division'' means the crime victims assistance division

12 of the office of the attorney general.

l3 5. "HIV" means the human immunodeficiency virus identified

14 as the causative agent of AIDS.

15 6 . "HIV-related test'' means a test for the antibody or

16 antiqer1 to HIV.

11 7.

18 sexual

''?etitior1er'' means a person who is the victim of a

assault wh1ch resulted in alleged significant exposure

19 fclr who~ :he cour1ty attor~ey files a petition with :he

20 district court to requ1re the convicted offender to trndergo an

21 HIV-related test.

22 R . ''Sexual assault" mea~s sexual abuse as deEined 1n

21 sect:o:l 709.1, or any other sexual offense by which a victim

74 has allegedly had suff1c1ent contact witn a conv1cted offender

25 to be deemed a significant exposure.

26 9 . ''S1gn1ficant exposure" means contact of the victim's

27 r11ptured or broken skin or mucous membranes with the blood or

~A hodily ~"uids, o:her than tears, saliva, or perspiratlon of

29 the convicted offender. ''Significar1t exposure 1' is presumed to

30 iL3ve occucred when there is a showing that there was

Jl pe~erration of the convicted offender's penis into :he

37 vtcttm's vagina or anus, contact between the moutt and

JJ yer11:al1a, or contact be~ween the genitalia of tne offender

14 dnd the genitalia or anus of the victim.

1S Secc. 2. Ni::\'1 SE:CT!ON. 7093.2 HIV-RE:-ATED ;"EST --

1 •.. '

\:..,

S.F. H.F. 4tl

1 CONVICTED SEXUAL ASSAULT OFFENDER.

2 1. If a person is convicted of sexual a~sault, the county

3 attorney, if requested by the victim or the parent, guardian,

4 or custodian of a minor vict1m, shall petition the court for

5 an order requiring the person convicted to submit to an HIV-

6 related test, provided that all of the following conditions

7 are met:

8 a. The sexual assault for wh1ch the offender was convicted

9 included sufficient contact between the victim and the

10 offender to be deemed a significant exposure pursuant to

ll sect1on 709B.l and the significant exposure as alleged creates

12 a s1gnificant risk of HIV infection.

13 b. The authorized representative of the petitioner, the

14 county attorney, or the court sought to obtain written

lS informed consent from the convicted offender to the testing.

16 c. Written informed consent was not prov1ded by ~he

LJ canv1cted offender.

18 2. Upon rece1pt of the petition, the court shall:

19 a. P~ior to the scheduling of a hearing, refer the victlm

20 for counseling regarding the nature, reliability, and

21 sign:ficance of the HIV-related test and of the serologic

22 s~atus of the convicted offender.

23 b. Schedule a hearing to be held as soon as is

24 prac:icable.

25 c. Cause written notice to be served on the convicted

76 offender who is the subject of the proceeding, in accordance

27 with ~he rules of civil procedure relating to the service of

28 origir1al notice.

79 d. Provide for the appo1ntment of legal counsel for a

30 conv1cted offender if the convicted offender desir~s but is

31 ftnancially unable to employ counsel.

37 e. Furnish legal counsel with copies of the petition.

JJ l. l.Jnless a vict1m chooses to be represented by priva~e

34 counsel, the county attorney shall represent the victim 1n a

1S prr1ceeding under this section.

-2-

S.F. H.F.

l 4. a. A hearing under this section shall be conducted in

2 an ir:[ormal manner consistent with orderly procedure artd 1n

3 accc1rdance with the Iowa rules of evidence. The hearing shall

~ be limited in scope to the review of questions of fac~ only as

~ to the issue of whether the sexual assault for which the

6 offertder was convicted provided sufficient contact between the

7 v1ctim and the offender to be deemed a significant exposure

8 and to questions of law.

9 h. In determining whether the contact should be deemed a

10 significant exposure, the court shall base the determination

ll on tlte victim's account of the assault or if a plea of guilty

12 was entered, based upon the complaint.

13 c. The victim may testify at the hearing, but shall not be

14 compelled to testify. The court shall not consider the

IS refusal of a victim to testify at the hearing as material to

i6 the court's decision regarding issuance of an order requ1~i~g

l"l test:ng.

lH d. The hearing shall be in camera unless the co~victed

19 of~e~der and the victim agree to a hearing in ope:1 court and

20 the court approves. The report of the hearing proceedings

21 shall ~e sealed and no report of the proceedings shall be

22 receased :o the public, except with the permisslon of all

23 partie~ and the approval of the court.

24 e. Stenographic notes or electronic or mecnanicdl

2S recordings shall be taken of all court hearings unless waived

26 by tile parties.

27 s. FoLlowing the hearing, the court may require a

28 co,lvic~ed offender to undergo an HIV-related test only !f the

2Y petitioner proves all of the following by a preponderance of

30 the evidence:

ll a. The dlleged significant exposure created a s!gnificant

12 r1sk of HIV 1nfection.

33 b. /\n authorized representative of the petiLoner, :he

li county at:orney, ur the court sought to obtain wr1tten

JS infar~ed consent from the convicted cEfender,

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S.F. H.F.

l c. Written informed consent was not provided by the

2 convicted offender.

3 6. A convicted offender who is required to undergo an HIV-

4 related test may appeal to the court for review of questions

S of law only, but may appeal questions of fact if the findings

6 of fact are clearly erroneous.

7 Sec. 3. NEW SECTION. 7098.3 TESTING, REPORTING, AND

8 COUNSELING -- PENALTIES.

9 l. The physician or other practitioner who tests a

10 convicted offender for HIV under this chapter shall disclose

11 the resu"ts of the test to the convicted offender, the victim,

12 the physician of the victim if requested by the victim, and if

13 the v1ctim is a minor, to the parent, guardian, or custodian

14 of the victim.

15

16

17

2.

pretest

l4i.22.

All testing under this chapter shall be accompanied by

and posttest counseling as required under section

18 3. Subsequent testing arising out of the same 1ncident of

:9 exposure shall be conducted in accordance with the procedural

20 and confidentiality requtrements of this chapter.

21 4. Results of a test performed under this chapter, except

22 as provided in subsection 6, shall be disclosed only co the

23 physician or other practitioner who conducts the test of the

24 convJcted offender, the convicted offender, the victim, the

25 physician of the vic~im if requested by the v:ctim, and the

26 parent, guardian, or custodian of the victim, if the victim is

21 a minor. Results of a test performed under this chapter shall

28 not be disclosed to any other person without r.he written,

29 informed consent of the convicted offender. A persor. :o whom

10 the results of a ~est have been disclosed under this chapter

31 :s subject to the confidentiality provisions of section

3? c41.23, and shal~ not disclose the results to another person

33 except as authorized by section 141.23, subsection 1.

34 5. Notwtthstanding subsection 4, test results shall not be

3~ d:sclosed to a convicted offender who elects against

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S.F. H.F.

1 d1sclosure.

&. If testing is ordered under this chapter, the court

1 shall also order periodic testing of the convicted offender

4 during the period of incarceration, probation, or parole. The

5 results of the test conducted pursuant to this subsection

,, shall be released only to the physician or other practitioner

7 whn conducts the test of the convicted offender, the convicted

8 offender, the victim, the physician of the vict1m 1f requested

'I by the victim, the parent, guardian, or custodian of the

10 VlCtlm if the victim is a minor, and the director of the

•• departmenL of corrections who shall make the results available

12 to the personnel of the institution in which the convicted

11 ottender :s incarcerated or to the probation or parole officer

14 assigned to the convic:ed offe11der, as applicable.

15 7. The fact that an HIV-related test was performed under

·" this chapter and the results of the test shall not be included

:.7 i11 tl:e c:onvic:ed offender's medical or criminal record ~~less

18 otherwise inciuded in department of correctio~s records.

lJ 8. The fact that an H:V-related test was performed under

70 this c:hapter and the resu:ts of the test shall not be ••sed as

7i n basis tor further prosecution of a conv1cted offender in

22 rclat1on to the incident which is the subject of the test:ng,

23 to e'•ha11Ce punishments, or to influence sentencing.

}4 9. it the serologic status of a convicted offender, which

25 1S COilveyed to the VlCtlm, is based upon an HIV-related test

2o CJr.her ~han a test which is authorized as a res:.Jlt of the

27 procedures established in this chapter, legal protect~ons

7R which attach to Ruch testing shall be the same as those wnich

70 dttdch to an ~nitial test under this chapter, and the ~ights

3U Lo a predisc~osure hearing and to appeal provided ~nder tnis

l. chapter shali apply.

12 iO. The costs of HIV-related testing under this chapter

iJ ';i1 ... 1Li

3·} ·;hall

I l ~ J. •

be pa1d by tne convicted offender. Any unpa:d cos:s

oe paid by the department o: corrections.

Notwithstand1~g the provisions of this cha9te~

-s-•

• S.F . H.F.

l requiring in1tial testing, . f 1. a petition is filed with the

2 court under section 7098.1 requesting an order for testing and

3 the order is granted, and if a test has previously been

4 performed on the convicted offender while under the control of

5 the department of corrections, the test results shall be

6 provided in lieu of the performance of an initial test of the

7 convicted offender, in accordance with this chapter.

8 12. In addition to the counseling received by a victim,

9 referral to appropriate health care and support services shall

10 be proVlded.

11 11. A person who intentionally or recklessly maKes an

12 unauthorized disclosure under this chapter is subject to a

c3 civil penalty of one thousand dollars. The attorney general

14 or the attorney general's designee may maintain a civil action

15 to enforce this chapter. Proceedings maintained under this

16 subsection shall provide for the anonymity of the test subject

17 and all documentation shall be maintained in a confidential

18 manner.

H Sec. 4. Section 135.ll, Code 1993, 1s amended by adding

20 the following new subsection:

21 NEW SUBSECTION. 24. Adopt rules which provide for the

22 testi~g of a convicted offender for the human immunodeficiency

23 vir11s pursuant to chapter 7098. The rules shall provide

74 guidance to a court 1n 1ssuance of an order for periodic

2S testing as often as 1s necessary in accordance with the

26 incubation period of the virus and shall provide for the

77 provision of counseling, health care, and support services to

28 the victlm.

h! SPc. S. Sec~.ion 141.23, subsection l, Code 1993, is

JO amended by addir.g the !'cllowing new paragraph:

~EW t'ARAGRAPE. ,, The convicted offender, the physic,an

32 or ather pract1t1orler who conducts the test of the convicted

11 o~Eerlder, :he v1c~1m, the parent, guardian, or custad1an of

14 the vict!m if the v1ct'~ 1s a minor, the physician of the

15 vtctiin, and the director o~ ~he departinent of correct~otlS whu

-6-

S.F'. H.F.

l shall make the results available to the personnel of the

2 institution in which a convicted offender is incarcerated, or

3 to the parole or probation officer assigned to the convicted

4 offender, as applicable, pursuant to chapter 7098.

S EXPLANATION

6 This bill provides for the testing of a person, convicted

I of sexual assault, for the human immunodeficiency virus if the

8 victim, or the parent, guardian, or custodian of a minor

9 vict1m requests the county attorney to petition the court for

10 an order authorizing the test. If the order is granted, the

11 court is required to order initial testing and periodic

lJ testing elf the convicted offender during the period of

lJ incarceration, probation, or parole, based upon the incubation

i.4 period or the virus. The results of the test performed are

15 oniy to be released to the convicted offender, the physician

lb or other practtt1oner performing the test on the convicted

17 <;tt'PnCPr, the victim, the parent, guardian, or cus:::.:~d.i.a~ of

1.8 Lhe victim if the victim is a minor, the physic~an af the

,g vict1m i~ requested by the victim, and to ~~e director of rhe

70 departmen: of corrections who 1s to make the results available

I) to Lhe personnel of the institution in which the convicted

22 offec:der 1s 1ncarcerated or to the probation or parole officer

23 assigned to the convicted offender, as applicable. The IcJwa

24 department of public health is required to develop rules ~or

JS the ~esticg of convicted offenders. Remedies for violation of

26 provisions relating to confidentlality under section 141.24

L7 arc made applicable, providing for a right of ac:ion for

2R cia1raqes and the maintaining of a civil action by the attor~ey

29 general for violation of the provis1ons. The oil: also

10 prcv:ces t:-~at a person who intentional~y or reci<less:y makes

11 an unauthorized disclosure under the chapter is subject to a

32 c:vil penalty of $1000 and provides that the attorney ge~erai

JJ :~ay xainLain a civil action for violation o~ the c~ap~er.

J4

LS3 ~8\0Hif 75

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HOUSE CLIP SHEET MARCH 19, 1993 Page 10

~e·.· .. .. '

BOOSE F'ILE 418 FISCAL NOTE

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A fisca~ note for House File 418 is hereby suomitted ?ursuant :o ~oi~t R~~e 17. Data used in developing this fiscai note :s available frcm :h~ LegisLa:ive Fiscal Bureau to members of the ~egisla~ure Jpo~ request.

House file 418 ?rovirles tha~ if a ?ers~n con~ic~ed of a sexual o:~e~se re:uses to be tested for the human imrnunodef:.ciency virus (:-!IV), ::::e •J:.ctim ;Jr the pare~t. guardian, or custodian of a m~~c~ victim can ~equest the ccur.ty attcr~ey to petition the court for the test. The court would ~old a~ informal heari~g ~o determine ~hether to order the resting Of the of~ence~. 7he t~st ~esul:s are to ~e released only to the offender, the victim or a ~:nor vict~m'~ parent, guardian or c~stodian, and the physicians for :he cffe~der a~c the vtctim. A penalty is established for ~ec~:ess or ir.tentior.al JOauttorized disclosure of the test results.

Assumptions:

1.

2.

3.

4.

5. 6.

7.

a.

I~ lS estimated there ~itl

eLigibLe juvenile offenders offende~s i~ FY 1995.

be 3:8 ecigible adult offenders and l99 tn FY 1994 and 335 adult and 2!0 juvenile

7he offender's legal counsel and the pubLic defen~e~ w1LL ~pe~d 4 hours for preparation and the informal hearing. The judge, court reporter, and court attendant ~ill spend one tent~ of r;

day on the informal hearing. One case will be contested and go to district court for a tr~al ~nd then be appealed. Two tests ~ill be necessary ln e?e~t or a negat~~e ~nitiaL test. The DPH wi:t provide victim counseling and tes:ing thr~ugh ar. ALter~ate Test Site and will pay for the services with federal funding as it now does for other HIV testing. Fifty-four percent of the offenders wlll be incarcerated, and 46% ~~~: be under the superv1s1on of the Commu~icy-Based Corrections Dts~rict Departments (CBC) or DHS ccmm~nity ~reat~e~:. A 5% inflation rate is assumed.

E'iscal Impact:

?etitions and fnformal Hearing State Local

One Contested Case and Appeal State :..acai.

Testing Costs - State

s

"V r • :944

102.:65 69,589

48,862 3,230

58.642

FY 1995

s 113.084 7i,026

5!,306 3' 392

6k,927

ROUSE CLIP SHEET MARCH 19, 1993 i?age 1~

PAGE 2 . F:SCAL NOTE, HOUSE FILE 418

--------

ToL~I St~1t.(~ Costs Tot:il l.oc:.1L Costs

ToLJL. Costs

-l-

209,669 72,319

282,488

229,3:7 80,4!8

309' 735 ===========

·ro the extent that vtctim's do not request the tlffenders ~e tested, the costs wt 11 ue reduced.

Without a bill permittin~ victims trl request sex offenders be tested ~or HIV VlrUS, t.h" Govemor's Ali car.ce on Subc.tar.ce Abuse (GAS.\) -·ill have i~s $5.0 million federal grant reduced by 10% ($500,000); The costs of this law are le~s than the federal f••cding tor GASA ~hat would be lost. The difference between the increased costs for tes:ing and the $500,000 t~at would be !ost is $211,512 in FY !994 a~d $190,265 in FY 1995.

Sources:

D~pnrtment of Public Health [)~l'arLment of Correction~ Sltprcme Court of Iowa P1Jbi i c iJef ender Attc,rney General Criminal and Juvenile Governor's Alliance cln

Justice Planning Division, Department of Huma~ Rights Substance Abuse (LSB 1830hv.2, MDF)

FILED MARCH 18, 1993 BY DENNIS PROUTY, FISCAL DIRECTOR

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HOUSE FILt 4/g BY COMMITTEE ON JUDIClARY

AND LAW ENFORCEMENT

(SUCCESSOR TO HSB 71)

(As Amen~ and Passed by the House April 6, 1993)

Passed House, D~~~ s-/;/tJ_j Passed sena(/ !$ffd 51:< /93 Vote: Ayes 7 7 Nays .i{ 0 Vote: Ayes Lf 7 Nay~ ~LJ __ _

An

BE

Approved JJLa'l, /'!, 1773

A BILL FOR

Act relating to the testing of a person for the human

immunodeficiency virus following conviction for certain

offenses, making relief provisions applicable for violation of

confidentiality, and providing a penalty.

IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

House Amendments

TLSB 1830HV 75

pf/sc/14

S.F. H.F.

1

2

Section 1. NEW SECTION. 7098.1 DEFINITIONS.

As used in this chapter, unless the context otherwise

3 requires:

4 l. "AIDS" means acquired immune deficiency syndrome as

5 defined by the centers for disease control of the United

6 States department of health and human services.

7 2. "Convicted offender" means a person convicted of a

8 sexual assault.

9 3. "Department'' means the Iowa department of public

10 health.

11 4. "Division" means the crime victims assistance division

12 of the office of the attorney general.

13 5. "HIV" means the human immunodeficiency virus identified

14 as the causative agent of AIDS.

15 6. ''HIV-related test" means a test for the antibody or

16 antigen to HIV.

17 7. "Petitioner" means a person who is the victim of a

18 sexual assault which resulted in alleged significant exposure

19 for whom the county attorney files a petition with the

20 district court to require the convicted offender to undergo an

21 HIV-related test.

22 8. "Sexual assault'' means sexual abuse as defined in

23 section 709.1, or any other sexual offense by which a victim

24 has allegedly had sufficient contact with a convicted offender

25 to be deemed a significant exposure.

26 9. ''Significant exposure" means contact of the victim's

27 ruptured or broken skin or mucous membranes with the blood or

28 bodily fluids, other than tears, saliva, or perspiration of

29 the convicted offender. ''Significant exposure" is presumed to

30 have occurred when there is a showing that there was

31 penetration of the convicted offender's penis into the

32 victim's vagina or anus, contact between the mouth and

33 genitalia, or contact between the gen~talia of the offender

34 and the genitalia or anus of the victim.

35 Sec. 2. NEW SECTION. 709B.2 HIV-RELATED TEST -- CONVICTED

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S.F. H.F. "'18

1 SEXUAL ASSAULT OFFENDER.

2 1. If a person is convicted of sexual assault, the county

3 attorney, if requested by the victim or the parent, guardian,

4 or custodian of a minor victim, shall petition the court for

5 an order requiring the person convicted to submit to an HIV-

6 related test, provided that all of the following conditions

7 are met:

8 a. The sexual assault for which the offender was convicted

9 included sufficient contact between the victim and the

10 offender to be deemed a significant exposure pursuant to

11 section 7098.1 and the significant exposure as alleged creates

12 a significant risk of HIV infection.

13 b. The authorized representative of the petitioner, the


15 informed consent from the convicted offender to the testing.

16 c. Written informed consent was not provided by the

17 convicted offender .

18

19

2. Upon receipt of the petition, the court shall:

a. Prior to the scheduling of a hearing, refer the victim

20 for counseling regarding the nature, reliability, and

21 significance of the HIV-related test and of the serologic

22 status of the convicted offender.

23 b.

24 which

Schedule a hearing to be held as soon as is practicable

shall be scheduled for the time of sentencing of the

25 offender.

26 c. Cause written notice to be served on the convicted

27 offender who is the subject of the proceeding, in accordance

28 with the rules of civil procedure relating to the service o£

29 original notice, or if the convicted offender is represented

30 by legal counsel on the sexual assault charge provide notice

31 to the convicted offender's legal counsel in lieu of written

32 notice to be served on the convicted offender.

33 d. Provide for the appointment of legal counsel for a

34 convicted offender if the convicted offender desires but is

4lt 35 financially unable to employ counsel.

-2-

S.F. H.F. ~II

l e. Furnish legal counsel with copies of t~e peti~ion.

2 3. Unless a victim chooses to be represented by private

3 counsel, the coun~y attorney shall represent the victim in a

4 proceeding under this section.

5 4. a. A hearing under this section shall be conducted in

6 an informal manner consistent with orderly procedure and in

7 accordance with the Iowa rules of evidence. The hearing shall

8 be limited in scope to the review of questions of fact only as

9 to the issue of whether the sexual assault for which the

10 offender was convicted provided sufficient contact between the

ll victlm and the offender to be deemed a significant exposure

12 and to·questions of law.

13 b. In determining whether the contact should be deemed a

14 significant exposure, the court shall base the determination

15 on the victim's account of the assault or ~f a plea of guilty

16 was entered, based upon the complaint.

17 c. The victim may testify at the hearing, but shall not be

18 compelled to testify. The court shall not consider the

19 refusal of a victim to testify at the hearing as material to

20 the court's decision regarding issuance of an order requiring

21 testing.

22 d. The hearing shall be in camera unless t~e convicted

23 offender and the victlm agree to a hearing in open court and

24 the court approves. The report of the hearing proceedings

25 shall be sealed and no report of the proceedings shall be

26 released to the public, except with the permission of all

27 parties and the approval of the court.

28 e. Stenographic notes or electronic or mechanical

29 recordings shall be taken of all court hearings unless waived

30 by the parties.

31 5. Following the hearing, the court may require a

32 convicted offender to undergo an HIV-related test only if the

33 petitioner proves al~ of the following by a preponderance of

34 the evidence:

35 a. The alleged significant exposure created a signif~cant

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S.F. H.F.

1 risk of HIV infection.

2 b. An authorized representative of the petitioner, the


4 informed consent from the convicted offender.

5 c. Written informed consent was not provided by the

6 convicted offender.

7 6. A convicted offender who is required to undergo an HIV-

8 related test may appeal to the court for review of questions

9 of law only, but may appeal questions of fact if the findings

10 of fact are clearly erroneous.

11 Sec. 3. NEW SECTION. 7098.3 TESTING, REPORTING, AND

12 COUNSELING -- PENALTIES.

13 1. The physician or other practitioner who tests a

14 convicted offender for HIV under this chapter shall disclose

l5 the results of the test to the convicted offender, the victim,

16 the physician of the victim if requested by the victim, and if

17 the victim lS a minor, to the parent, guard~an, or custodian

18 of the victim .

19 2.

20 pretest

All testing under this chapter shall be accompanied by

and posttest counseling as required under section

21 141.22.

22 3. Subsequent testing arising out of the same incident of

23 exposure shall be conducted in accordance with the procedural

24 and confidentiality requirements of this chapter.

25 4. Results of a test performed under this chapter, except

26 as provided in subsection 6, shall be disclosed only to the

27 physician or other practitioner who conducts the test of the

28 convicted offender, the convicted offender, the victim, the

29 physician of the victim if requested by the victim, and the

30 parent, guardian, or custodian of the victim, . " lc the victim is

31 a minor. Results of a test performed under this chapter shall

32 not be disclosed to any other person without the written,

33 informed consent of the convicted offender. A person to ~;hom

34 the results of a test have been disclosed und~r this chapter

35 is subject to the confidentiality provisions of section

-4-

S.F. H.F.

1 141.23, and shall not disclose the results to ano~~er person

2 except as authorized by section l41.23, s~bsection l.

3 5. Notwithsta~ding subsection 4, test results shall not be

4 disclosed to a convicted offender who elects against

5 disclosure.

6 6. If testing is ordered under this chapter, the court

7 shall also order periodic testing of the convicted offender

8 during the period of incarceration, probation, or parole. The

9 results of the test conducted pursuant to this subsection

10 shall be released only to the physician or other practitioner

ll who conducts the test of the convicted offender, the convicted

12 offender, the ~· VlC~lm, the physician of the victim :f requested

13 by the victim, the parent, guardian, or custodian of the

14 victim if the victim is a minor, and the director of the

15 department of corrections who shall ~ake the results available

16 to the personnel of the institution in which the convicted

17 offender is incarcerated or to the probation or parole officer

18 assigned to the convicted offender, as applicable.

19 7. The court shall not consider the disclosure of an

20 alleged offender's serostatus to an alleged victim, prior to

21 conviction, as a basis for a reduced plea or reduced sentence.

22 8. The fact that an HIV-related test was performed under

23 this chapter and the results of the test shall not be included

24 in the convicted offender's medical or criminal record unless

25 otherwise included in department of corrections records.

26 9. The fact that an HIV-related test was perfor~ed u~der

27 this chapter and the results of the test shall not be used as

28 a basis for further prosecution of a convicted o~fender in

29 relation to the incident which is the subject of the testing,

30 to enhance punishments, or to influence sentencing.

31 10. If the

conveyed to

serologic status of a convicted offender, which

the v1ctim, :s based upon an HIV-related test 32 lS

33 other than a test which is authorized as a result cf the

34 procedures established 1n this chapter, lega: protections

35 which attach to su~h testing shall be the same as those which

-5-

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• S.F. ---- H.F •

l attach to an initial test under this chapter, and the rights

2 to a predisclosure hearing and to appeal provided under this

3 chapter shall apply.

4 11. The costs of the HIV-related testing under this

5 chapter shall be paid by the Iowa department of public health.

6 12. Notwithstanding the provisions of this chapter

7 requiring initial testing, if a petition is filed with the

8 court under section 7098.1 requesting an order for testing and

9 the order ~s granted, and if a test has previously been

10 performed on the convicted offender while under the control of

11 the department of corrections, the test results shall be

12 provided in lieu of the performance of an initial test of the

13 convicted offender, in accordance with this chapter.

14 13. In addition to the counseling received by a victim,

15 referral to appropriate health care and support services shall

16 be provided.

17 14. A person who intentionally or recklessly makes an

18 unauthorized disclosure under this chapter is subject to a

19 civil penalty of one thousand dollars. The attorney general

20 or the attorney general's designee may maintain a civil action

21 to enforce this chapter.

22 subsection shall provide

Proceedings maintained under

for the anonymity of the test

this

subject

23 and all documentation shall be maintained in a confidential

24 manner.

25 Sec. 4. Section 135.11, Code 1993, is amended by adding


27 NEW SUBSECTION. 24. Adopt rules >lhich provide for the

28 testing of a convicted offender for the human immunodeficiency

29 virus pursuant to chapter 7098. The rules shall provide

30 guidance to a court in issuance of an order for periodic

31 testing as often as is necessary in accordance with the

32 incubation period of the virus and shall provide for the

33 provision of counseling, health care, and suppo=t services to

34 the victim.

35 Sec. S. Section 141.23, subsect1on l, Code 1993, is

-6-

H.F.

l amended by adding the following new paragraph:

2 NEW PARAGRAPH. i. The convicted offendec, the physician

3 or other practitioner who conducts the test of the convicted

4 offender, the victim, the parent, guardian, or custodian of

5 the victim if the victim is a minor, the physician of the

6 victim, and the director of the department of corrections who

7 shall make the results available to the personnel of the

8 institution in which a convicted offender is incarcerated, or

9 to the parole or probation officer assigned to the convicted

10 offender, as applicable, pursuant to chapter 7093.

ll Sec. 6. Section 141.24, Code 1993, is amended by adding


13 NEW SUBSECTION. 6. Notwithstand1ng sect:on 141.23, this

14 subchapter shall not be construed to preclude the victim of a

15 sexual assault from disclosing the results o: the HIV-re:a:ed

16 test of a convicted sexual offender obtained pursuant to

17 chapter 7098 in any civil or criminal action brought by the

18 victim.

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

-7-

HF 418

pf/pk/25

•

•

•

•

HOUSE FILE 418 H-3285

1 Amend House File 418 as follows: 2 l. Page 5, by striking lines 32 through 34 and 3 inserting the following: 4 "__ The costs of the ll:IV-related testing under 5 this chapter shall be paid through the expenditure of 6 funds received by the state through the federal Crime 7 Control Act of 1990, 42 u.s.c. § 3756(f)." 8 2. By renumbering as necessary.

H-3285 FILED MARCH 15,

~ 'f-t-'93

By McNEAL of Hardin 1993

( .p. I 6't~)


~ Amend Hot.:se File 418 as follo1vs: 2 1. Page 7, by inserting af~e: line 4, the 3 following: 4 "Sec. . EFFECTIVE DATE. li':is Ac: tai<es ef.:ect 5 upon the effective date of an appropriation ~ade by 6 the general assembly in an amount which is equal to 7 the projected cost of implementation of this Ace as 8 determined by the legislacive fiscal bureau." 9 2 T'tle nace l'~e A bv ;nse~-'-g -•te- -re • .!. .... l:' _; ' - • •• .., , ... ... • - ..... , a._ .. .... ••

10 word '•confidentiality'' the following: '1 , prov1d~ng a L~ condi:ional effective date''. l~ 3. By numbering and renu~ber:.ng as ~e;:essary. OS ~ ¥-£- 9.3 C.fllt>B")_) By BRA"t'-lER or; ;.,Hln

H-3561 FILED MARCH 29, l993


l Amend 2 follows:

the amendmenc, H-3285, to House File 418, as

3 4 5

l. Page 1, by striking lines 5 through 7, inserting the follow!ng: ''th1s chapter shall by the Iowa department of public health."''

H-3724 FILED APRIL 5, 1993 By McNEAL of Hardin

~ 4-~-73


_. Amend House File 418, as follO\vS:

and be paid

2 1. Page 2, line 24, by insert~ng after the word 3 ''oracticable'' the followi~g: ''wh1ch shall be 4 s~heduled for the time of sentenci~g of the offe~der''. 5 2. Page 2, line 28, by inserting after the word 6 ··~otice'' the follow:ng: '', or if the convicted 7 offender is represented by lega~ counsel on the sexual 8 assault charge provide notice to the convicted 9 offender's legal counsel in lieu of written notice to

10 be served on the convicted offender''.

H-3729 FILED APRIL 5, 4-'~'i3 ~

By McNEAL of Hardin ::.993

(.f.;@SS)

HOUSE CLIP SHEET APRIL 7, 1993 Page 6

-758 '~ Amend the amendment, H-3729, to House File 418 as

HOUSE FILE 418

2 follows: 3 1. ?age l, by striking lines 2 through 10 and 4 inserting the following: 5 '' By striking everything after the enacting 6 clause--and inserting the follov1ing: 7 "Sect ion l. NEW SECTION. 7098. 1 DEFINITIONS. 8 As used in this chapter, unless the context 9 otherwise requires:

lO l. "AIDS" means acquired immune deficiency 11 syndrome as defined by the centers for disease control l2 of the United States department of health and human 13 services. 14 2. "HIV" means the human imrnunodef iciency virus 15 identified as the causative agent of AIDS. ~6 3. ''HIV-related test'' means a test for the 17 antibody or antigen to HIV. 18 4. ''Sexual assault'' means sexual abuse as defined 19 in section 709.1, or any other sexual offense by wh:ch 20 a victim has allegedly had sufficient contact with an 21 alleged offender to be deemed a significant exposure. 22 5. ''Significant exposure'' means contact of the 23 victim's ruptured or broken skin or mucous membranes

•

wlth the blood or bodily fluids, other than tears, 1 saliva, or perspiration, of the alleged offender. ·~ ''Significant exposure'' is presumed to have occurred

27 when there is a showing that there was penetration of 28 the alleged offender's penis into the victim's vagina 29 or anus, contact between the mouth and genitalia, or 30 contact between the genitalia of the offender and the 31 genitalia or anus of the victim. 32 Sec. 2. NEW SECTION. 7098.2 HIV-RELATED TEST --33 ALLEGED SEXUAL ASSAULT OFFENDER. 34 1. If a person is charged with the commission of 35 sexual assault, and the offense as allegedly 36 perpetrated is deemed a significant exposure, the 37 court shall order the alleged perpetrator to submit to 38 an HIV-related test. 39 2. The physician or other practitioner who tests 40 an alleged offender for HIV under this chapter shall 41 disclose the results of the test to the alleged 42 offender, the victim, the physician of the victim if 43 requested by the victim, and if the victim is a minor, 44 to the parent, guardian, or custodian of the vic:im. 45 3. All testing under this chapter shall be 46 accompanied by pretest and posttest counseling as 47 required under section l4l.22, and the victim shall 48 also be provided counseling regarding the nature, 49 reliability, and significance of the HIV-related test

-

ar.d of the serologic status of the alleged offender. 758 -l-

.

HOUSE CLIP SHEET APRIL 7, 1993

a-37ss ?age 2

l 4. A person ~o w~cm :~e ~es~l:s o: a test ~ave 2 been disclosed under t~is chapte~ is sub~ect to :~e 3 co~fide~tiality p~ovisicns of section l41.23, ar.d 4 shall ~o: Cisclcse :h~ results to anothe: pe~scn 5 except as au:horized by sect~o~ 141.23, subsect1on 1. 6 Sec. 3. Section 135.11, Code 199-3, is ame~ded by

Page 7

~ adding the ~ollowing new subsection: 8 ~EW SGBSEC~ION. 24. Adoot ru:es which p~cv~de for 9 the test~~g of an al:eged c~~e~der for :he hu~an

lC ~:.-.m~;r.ode!:icie:-:.cy virt:s pursuant t-;') chap::er 7093. __ S~c. 4. Sectio~ :41.23, subsection :, Code 1993, ~2 is ar.,e:-.ded by add:ng the :'ol:v·wing ne·,; ::;a:agra;:,h: 13 ~EW PARAGRA?H. 1. The al:eged of~ender, :he :~ ?hys~cia~ or Qther p:acti:ioner who co~ducts :he tes: :5o~ t~e a::eged offer.der, the victim, :he pare~c, :6 guardian, or c~stodian of the victim if the v~ctirn :s ~7 a rr'no· a-c· ··ne physl·c=an oF ·~e ••'c·'~ ~u-s··a-· to ;. J... 1.. , J.> "- ~ •• • • - .... • • "' .:.. ....... ;~;, !:" J. .... • ....

:s chapter 709B." l9 _ -:'itle page, by st::i~i::g ::nes 2 :hrou::;t: ~ 20 anC ir:se:-ti:;.g t::e follo\v.i.:;g: "i:r.mt..:.r!odefic:e:1cy v:.r:..:s 21 ~o:lcwi~g the al:eged pe~pet:at:.o~ of a sexua: assa~:t 22 and ~a~ing :e~ieE p~cvisions a9p:icab:e far violatio~ 23 of =c~~:den~ial::y." 1 ' 24 2. av/ re~u:nbe:ing as , ~

H-3758 FILED APR:~ 6, :993

J ~

~~ ~/~(/ {j~<-1-) , f I I . \

:1ecessa:y. By CONNORS of ?o!~

BERNAr.: of Stcry ~i'/ISE of Lee

\

•

HOUSE CLIP SHEET APRIL 7, 1993 Page 4

HOUSE FILE 418 755

Amend the amendment, H-3729, to House File 418, as follows:

3 1. Page 1, by inserting after line 1, the 4 following: 5 " Page 1, by inserting after line 34, the 6 following: 7 " "Victim counselor" means a person who is 8 engaged in a crime victim center, is certified as a 9 counselor by the Iowa coalition against sexual assault

10 or by the Iowa coalition against sexual abuse or their 11 successor agencies, and has completed at least twenty 12 hours of training provided by the Iowa coalition 13 against sexual assault or a similar organization." 14 Page 2, by striking lines 19 and 20 and 15 inserting the following: 16 "a. Prior to the scheduling of a hearing, schedule 17 counseling for a victim, to be provided by a victim 18 counselor regarding the nature, reliability, and"." 19 2. Page 1, by inserting after line 10, the · 20 following: 21 " Page 4, by striking lines 11 through 14, 22 and inserting the following: "the results of the test 23 to the offender and to the victim counselor who shall 24 disclose the results to the petitioner."

Page 4, by inserting after line 17, the allowing:

" The results of the test of a convicted 28 offender under this chapter shall not be disclosed to 29 a petitioner until the petitioner has received 30 counseling regarding the nature, reliability, and 31 significance of the test and the results and 32 confidential nature of the test. 33 Counseling shall be provided by victim 34 counselors." 35 Page 4, line 24, by inserting after the 36 words "the convicted offender," the following: "the 37 victim counselor who is designated to notify the 38 victim,". 39 Page 5, line 8, by inserting after the word 40 "offender," the following: "the victim counselor who 41 is designated to notify the victim,"." 42 3. By renumbering as necessary.

H-3755 FILED APRIL 6, 1993 By BRAND of Benton

/1.~-t ~ L/-'- 93 {__f. I a 'K ,_ _)

HOUSE FILE 418

B-3759 - -- 3-29 to Eo:.:se :i.:.e CB, as 1 Amend the a:ner.cme:1:, n- ; , 2 f 0 ~ l 0\-JS :

o • bv '-so ... -; ... ,... at=•e ... ,ir.e :.o, tt1e 3 j. •• age.._, _ -l• <;;._ ... __ ,"!1 ........ -

4 :o:~cwH•.g: 5 '' Page 7, by inser:ing af~er :ine 4, :he 6 Eollcv;ing: 7 "Sec. Secticr: ::..41.24, Cccie ~993, is a:nendeC

· · · · · - ·· .. b c•:,....,n· 8 bv add1r.g tr.e :c.L.:.:Jw:.!1g .. e ... Su se '-":':"" .. _ . 9 • :-JEW s::BSEC?ION. 6. No:· .. ,i:::s:ar.c:ng secc:~n

-,, 2"' .-....:s 5 ,··ocr-a 0 ... Q- .. s· .... a·-~ no7 be cc:"'istrt:ec ':o :!.0 .... .:, .... J, "...;..... ...... .... -..~.. .. -- . - ' ~ O""ec'···de ....... e v:c-;m r-,F a sexi.:al assaul.t ~rorr.

::2 d~sc~~s;·~~·-t""e- !'~~~1;~ o: the n:v-:-e~a:.ed tes: ct a c;~vi~t;~ se~uai of~e~der cbtainea_· pu~suan~ -0 chapte:

_ _. ·- · · i a .,..... ... o .. r .. c .... t by t~e l~ i093 i:-, a::y civ:l or c~:..r..;.na_ ct. ... ._.,.. ..v ....... .

:.5 v.ic::.:m."u :6 2. Bv ~e~~mbe:~nc as ~ecessa~y. Q~~-- t/-b_-.9~ (f.;o'I•")By D:C:<DlSOt--:

D.-375cf :77L!:.v A?rt.c!.., o, N93 o:: JaCKSOn


1 Amend the amendment, H-3729, to House File 418, as 2 follows: 3 1. Page 1, by inserting after line 10, the 4 follm,~ng:

5 " Page 5, by inserting after line 14, the 6 following: 7 '' The court shall not consider the disclosure 8 of an-dlleged offender's serostatus to an alleged 9 victim, prior to conviction, as a basis for a reduced

10 plea or reduced sentence.'''' 11 2. By renumbering as necessary.

By BRAND of Benton H-3756 FILED APRIL 6, 1993 ~ 'f- C:- y.;:~.._ {__ P. /Oi':L)

SE~A·::~ .CJ<.iliNDY..Ei..\{.i..' 'PO HCUSE FILE /~l8

·~L;c2.<JSA.Iler:C: =-:ouse :i:e 4:8, as amended, passec, a::d ,~~2 rep!:'in::ed by the House; as foJ..:o·..;s:

~ ~· Page l, line 18, by insertir~g after th0 word ~ 1'expos~re 1 ' the followi~g: '1 0t :he parent, guardia~, 5 or custodian of a vict1~ if ~he vic~im ~sa ~i~or,''. 6 2. Page 1, by inserting after ::ne 34 the 7 follovJi:--ig: 8 '1

• 11 Victim ccunse:or' 1 mea~s a person who is

9 encaced in a cr~me victim center as defined ~r. section 10 23~A~:. who is certified as a counselor by the cri~e

vic~im cen:er, ar.d who has compieted at least twenty :2 hours of :raining provided by the Iowa coalition :l against sexual assault or a simi~ar agency. 11

:4 3. ?age 2, by s:riking lines 3 and 4, and l5 .;.nserdng the followir:g: "attorney, if requested by :6 the oetitioner, shall oetition the court for''. ~7 4: ?age 2, by stti~lng ~:r.es ll and 12, by 18 inserting the follcwi~g: ''section 7093.1. 1

'

19 5. Page 2, :ine 20, by insertir:g after the word 20 "counseling" the fo:.low1ng: "by a victim cot.:nselor or 2l a ~erson rec~ested bv the victim who is authorized to 22 pr~vide the-counseling required pursuant to section 23 l~l.22,".

24 6. Page 2, line 23, by strik1ng the word '5 ''ptacticable'' and inserting the following: A !'practicable. 11

'!~- 7. Page 2, by striking lines 24 ar:d 25. -28 8. Page 2, by striking lines 30 through 32 ar:d

29 inserting the following: ''by legal counsel, provide 30 wri~ten notice to the convicted offender and the 31 convicted offendet's legal counsel." 32 9. Page 3, line 2, by striking the word ''victim'' JJ and inserting the following: ''petitioner''. 34 :.o. Page 3, line 3, by striking the word ''victim'' 35 an6 inse:ti~g the following: 1'victirn's interest''. 36 .~. Page 3, lines 3 and 4, by striking the words 37 "a proceeding'' and inserting the following: ''all 38 proceedings". 39 12. Page 3, by striking lines 15 and 16, and 40 inserting the following: 1'on the testimony presented 41 during the proceedings on the sexual assault charge, 42 the min~tes of the cestimony or ether evide~ce 43 included ~~ the ccur~ record, or if a plea of guilty 44 was er:tered, based upon :he compla:nt or t.:pon 45 testimony provided during the hearing.'' ~6 13. ?age 3, li~e 23, by striki~g the word 47 ''viccim'' and inserting the following: ''petitioner''. ~8 14. 5y striking page 3, line 35 ~hrough page 4, 49 li~e l, and inserting the following: ~v rra. The sexual assault constituted a significant

(-406 ~ "-

V. ~'~ •: - .:l G-; -l.t"'l..;, .,, ...__, __ _,

H-4406 ?-"se 7.

expos~.:-e. '' 2 i~. ?age 4, l~~e :3, by stri~~ng the word '':ests'' ) a;;d ~nse:ting the :o.:.:..o\v:.ng: "orders tr.e test of". 4 ~o. ?age 4, by st:ik:~g :ii.es :5 ~~ro~gh ~8, a~d 5 :nse.:-~~ng the following: '':~e res~~:s of :he tes~ to 6 :he co~victed offender a~d to t~e vict~m cou~se:cr or 7 a person requested by the v~ctim who is a~;~or~zed to 8 prov~de the counsei1ng required pursuant to sec:~on 9 ~41.22, who shall disclose the results to :he

lO petitioner." :1 l7. Page 4, line 27, by strik~ng the word :2 ''conducts'' and inserting the following: ''orders''. 13 18. Page 4, line 28, by :nser:ing after the word 14 ''victim,'' the following: ''the v~ct~m co~~selor or ~5 person requested by the vic:im who is authorized to l6 prov:de the counseling requ~red pursuant to section 17 :41.22,". :8 19. Page 5, :ine 8, by inserting after the word :9 ''parole'' the Eollowi~g: ''if the physician or other 20 prac~itio~er who ordered the initial test of the 21 convicted of:er.der certi::es that, based upon 22 ~~evaillng scie~tific opinion ~egarding the maximum

?a.;e ..J

23 period during wh~ch the res~lts oE an HIV-related test 24 may be negative ~or a perscn after being HIV-infected, 25 addit:ona: testing is necessary to determine whether 26 the convicted offender was HiV-infected at the time 27 the sexual assa~lt was perpetrated''. 28 20. Page 5, line ll, by striking the word 29 ''conducts" and inserting the following: ''orders''. 30 2:. Page 5, by striking lines l2 through 18, and 31 inserting :he following: ''offender, the victim 32 co~nselor or person requested by the victim who is 33 author:zed to provide the cou~seling required p~rsuant 34 to section 141.22, who shall disclose the results to 35 the pe:itioner, and the physician of the vict1m, if 36 requested by the victim." 37 22. ?age 6, by striking lines 4 and 5, and 38 inserting the following: 39 '' HIV-related testing required under this 40 chapter shall be conducted by the state hygienic 41 laboratory." 42 23. Page 6, by inserting after line 16 the 43 fo1lo,.ing: 44 ''l3A. In addition to persons to whom disclosure of 45 the results of a co~victed offer.der's HIV-re:ated test 46 results is authorized under this chapter, the· victim 47 may also disclose the results to the victim's spouse, 48 persons wi~h whom the victi~ has engaged in vag~nai, 49 anal, or oral intercourse subsequent to ~he sexual 50 assaul:, or members of the victim's family within the H-4406 -2-

J-4406 ?age 3

.'I:A y 4, 1993

• th!rd degree of co~sang::inicy.'' A 244 ?age 6, line :7, by inserting befo:-e the •vord ~ ''A'1 the following: ''A person to whom disclosu~e of a '-·~convicted offender's H:V-~e:ated test :esults ~s

5 autb.c:ized u~der this chapter shall ~ot disclose ~he

Pa<:;e c

6 results to any ocher person for whom disclosure is not 7 authorized unde~ this chapter.'~ 8 25. Page 6, by str:~ing ~ines 30 through 32 and 9 inserti~g the following: ''for the''~

!0 26. Page 7, line 3, by stri~ing the ~ord ll ''conducts'' and inserting the followi~g: ~·orders''.

"2 27. Page 7, by striking lines 6 through 10 and 13 1nserting the following: ''victim, the victim :4 counselor or person requested by the victim who is 15 authorized to provide the counseling required p~rsuant l6 to section 141.22, and ~he victim's spouse, persons 17 with whore the victim has engaged in vaginal, anal, or :8 oral intercourse subsequent to the sexual assault, or :9 members o: the victim's family within the fourth 20 degree oE consangui~ity." 2: 28. Page 7, by striKing lines ll through 18. 22 29. By renumbering and reletteri~g as ~ecessary.

H-4406 FILED MAY 2, 1993 CONCURRED

RECEIVED FROM THE SENATE

SENATE CLIP SHEET APRIL 27, 1993

HOOSE: FILE 418 S-3636

1 Amend House File 4,18, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 6, by inserting after line 34 the 4 following: 5 "Sec. NEW SElCTION. 139.43 STUDENT ATHLETES 6 -- TESTING REQUIRED HIV AND HBV. 7 1. A person enrol~ed in a secondary school or an 8 institution of higher education in this state, who 9 participates in extracurricular interscholastic

10 athletic contests or ·competitions which involve 11 physical contact between the contestants, shall 12 undergo the following tests under the following 13 conditions: 14 a. An HIV-related test subject to the testing 15 requirements of chapt:ter 141. The results of the test 16 shall be made availah.le to an opposing contestant 17 prior to the contest or competition subject to the 18 confidentiality provisions of chapter 141. 19 b. An HBV test. "''he results of the test shall be

Page 26

20 made available to the opposing contestant prior to the 21 contest or competitian. · 22 2. For the purposes of this section, "HIV-related 23 test" means HIV-related test as defined in s'ection 24 141.21 and "HBV" means HBV as defined in section 25 139C.l." 26 2. Page 7, by inserting after line 10 the 27 following: 28 "Sec. Section 141.23, subsection 1, Code 29 1993, is amended by adding the following new 30 paragraph: 31 NEW PARAGRAPH. j. An opponent prior to an 32 extracurricular interscholastic athletic contest or 33 competition and the physician of the opponent, if 34 requested by the opponent, pursuant to section 35 139.43." 36 3. Title page, lines l and 2, by striking the 37 words "a person for the human inununodeficiency virus" 38 and inserting the following: "certain persons for 39 certain viruses including student athletes and 40 persons". 41 4. By renumbering as necessary.

By RAY TAYLOR

S-3636 FILEO~RIL 26, 1993

'

-

""' '

SENATE CLIP SHEET APRIL 26, 1993

HOUSlE FILE 418 S-3621

l 2 3 4 5 6 7 8 9

10 ll ~2

l3 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42

Amend House File .4l8, as amended, passed, and reprinted by the Ho~se, as follows:

1. Page 6, by irr~erting after line 34 the following:

"Sec. NEW S..•ECTION. l39.43 STUDENT ATHLETES --TESTING REQUIRED -- HIV AND HBV.

1. A person enrolled in a secondary school or an institution of higher education in this state, who carticicates in ext~acurricular interscholastic athleti~ contests or competitions which ir.volve physical contact between the contestants,· shall undergo the followi~~ tests under the following conditions:

a. An HIV-related ~est subject to the testing requirements of chapter 141. The results of the test shall be made available to an opposing contestant prior to the contest or competition subjecc to the confidenciality pro~isions of chapter 141.

b. An HBV test. The results of the test shall be made available to the opposing contestant prior to the contest or ccrnnetition.

2. For the-ourooses of this section, "HIV-:elated test" means HIV:reiated test as defined in section 141.21 a~d "HBV'' means HBV as defined in section l39C.l."

2. Page 7, by inserting after line 10 the following:

"Sec. . Section 141.23, subsection l, Code 1993, is amended by adding the following new paragraph:

NEW PARAGRAPH. j. An opponent prior to qn extracurricular interscholastic athletic contest or competition and the physician of the opponent, if requested by the opponent, pursuant to section 139.43."

3. Title page, line 1, by striking the words "a person'' and inserting the following: "certain persons".

4. Title page, line 2, by inserting after the word "virus" the following: "including student athletes and cersons''.

5. By ren~mbering as necessary. By RAY TAYLOR

S-3621 FILED APRIL 23, 1993

WITHDRAWN

~)t/ ?3

Page 12

SENATE CLIP SHEET MAY 2, 1993

HOUSE FILE 418 S-3773

Amend House File 418, as amended, passed, and reprinted by the House, as follows:

1. Page 1, line 18, by inserting after the word 4 "exposure" the following: ''or the parent, guardian, 5 or custodian of a victim if the victim is a minor,''. 6 2. Page 1, by inserting after line 34 the 7 following: 8 '' . ''Victim counselor" means a person who is 9 engaged in a crime victim center as defined in section

10 236A.l, who is certified as a counselor by the crime 11 victim center, and who has completed at least twenty 12 hours of training provided by the Iowa coalition 13 against sexual assault or a similar agency." 14 3. Page 2, by striking lines 3 and 4, and 15 inserting the following: ''attorney, if requ~sted by 16 the petitioner, shall petition the court for"·. 17 4. Page 2, by striking lines 11 and 12, by 18 inserting the following: ''section 709B.l." 19 5. Page 2, line 20, by inserting after the word 20 ''counseling'' the following: "by a victim counselor or 21 a person requested by the victim who is authorized to 22 provide the counseling required pursuant to section 23 141.22,". 24 6. Page 2, line 23, by striking the word 25 "practicable" and inserting the following:

"practicable." 7. Page 2, by striking lines 24 and 25. 8. Page 2, by striking lines 30 through 32 and

29 inserting the following: "by legal counsel, provide 30 written notice to the convicted offender and the 31 convicted offender's legal counsel.'' 32 9. Page 3, line 2, by striking the word "victim" 33 and inserting the following: ''petitioner". 34 10. Page 3, line 3, by striking the word ;'victim" 35 and inserting the following: ''victim's interest". 36 11. Page 3, lines 3 and 4, by striking the words 37 ''a proceeding" and inserting the following: ''all 38 proceedings". 39 12. Page 3, by striking lines 15 and 16, and 40 inserting the following: "on the testimony presented 41 during the proceedings on the sexual assault charge, 42 the minutes of the testimony or other evidence 43 included in the court record, or if a plea of guilty 44 was entered, based upon the complaint or upon 45 testimony provided during the hearing." 46 13. Page 3, line 23, by striking the word 47 ''victim" and inserting the following: "petitioner". 48 14. By striking page 3, line 35 through page 4, 49 line 1, and inserting the following: 50 "a. The sexual assault constituted a significant

3773 -1-

Page 115

SENATE CLIP SHEET

S-3773 Page 2

1 exposure."

MAY 2, 1993

2 15. Page 4, line 13, by striking the word "tests" 3 and inserting the following: "orders the test of". 4 16. Page 4, by striking lines 15 through 18, and 5 inserting the following: ''the results of the test to 6 the convicted offender and to the victim counselor or 7 a person requested by the victim who is authorized to 8 provide the counseling required pursuant to section 9 141.22, who shall disclose the results to the

10 petitioner." 11 17. Page 4, line 27, by striking the word 12 "conducts" and inserting the following: "orders". 13 18. Page 4, line 28, by inserting after the word 14 "victim," the following: "the victim counselor or 15 person requested by the victim who is authorized to 16 provide the counseling required pursuant to section 17 141.22,". 18 19. Page s, line 8, by inserting after the word 19 "parole'' the following: "if the physician or other 20 practitioner who ordered the initial test of the 21 convicted offender certifies that, based upon 22 prevailing scientific opinion regarding the maximum 23 period during which the results of an HIV-related test 24 may be negative for a person after being HIV~infected, 25 additional testing is necessary to determine whether 26 the convicted offender was HIV-infected at the time 27 the sexual assault was perpetrated". 28 20. Page 5, line 11, by striking the word 29 "conducts" and inserting the following: "orders". 30 21. Page 5, by striking lines 12 through 18, and 31 inserting the following: "offender, the vict,i.m 32 counselor or person requested by the victim who is 33 authorized to provide the counseling required pursuant 34 to section 141.22, who shall disclose the results to 35 the petitioner, and the physician of the victim, if 36 requested by the victim." 37 22. Page 6, by striking lines 4 and 5, and 38 inserting the following: 39 " HIV-related testing required under this 40 chapter shall be conducted by the state hygienic 41 laboratory." 42 23. Page 6, by inserting after line 16 the 43 following: 44 "13A. In addition to persons to whom disclosure of 45 the results of a convicted offender's HIV-related test 46 results is authorized under this chapter, the.victim 47 may also disclose the results to the victim's spouse, 48 persons with whom the victim has engaged in vaginal, 49 anal, or oral intercourse subsequent to the sexual SO assault, or members of the victim's family within the S-3773 -2-

Page 116

•

SENATE CLIP SHEET

S-3773 Page 3

MAY 2, 1993

l third degree of consanguinity." 24. Page 6, line 17, by inserting before the word

"A" the following: ''A person to whom disclosure of a convicted offender's HIV-related test results is

5 authorized under this chapter shall not disclose the 6 results to any other person for whom disclosure is not 7 authorized under this chapter." 8 25. Page 6, by striking lines 30 through 32 and 9 inserting the following: ''for the".

10 26. Page 7, line 3, by striking the word 11 "conducts" and inserting the following: "orders". 12 27. Page 7, by striking lines 6 through 10 and 13 inserting the following: "victim, the victim 14 counselor or person requested by the victim who is 15 authorized to provide the counseling required pursuant 16 to section 141.22, and the victim's spouse, persons 17 with whom the victim has engaged in vaginal, anal, or 18 oral intercourse subsequent to the sexual assault, or 19 members of the victim's family within the fourth 20 degree of consanguinity." 21 28. Page 7, by striking lines 11 through 18. 22 29. By renumbering and relettering as necessary.

S-3773 FILED MAY 2, 1993 ADOPTED

By RALPH ROSENBERG

Page 117

/il c ;U t-o I. cJ,cn v

Lc,_,.::;o,, 8 "o.. rn rn <.::<

Passed House, Date -----Vote: Ayes Nays _____ _

~d!ciary & l:iw Enforcem~.

HOUSE FILE BY (PROPOSED COMMITTEE ON

JUDICIARY AND LAW ENFORCEMENT BILL BY CHAIRPERSON

McNEAL)

Passed Senate, Date -----------Vote: Ayes Nays

Approved --------------------------

A Bill FOR

1 An Act relating to the testing of a person for the human

immunodeficiency virus following conviction for certain offenses and making relief provisions applicable for violation

of confidentiality.

2

3

4

5

6

7

8

9

10

11

12

13

14 15

16

17

18 19 20

21

22

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

TLSB 1830HC 75

pf/sc/14

S.F. ---- H.F.

1 Section 1. NEW SECTION. 709.17 PERSON CHARGED WITH 2 CERTAIN OFFENSES -- TESTING FOR HUMAN IMMUNODEFICIENCY VIRUS.

3 1. If a person is convicted of a sexual offense, including 4 but not limited to sexual abuse as defined in section 709.1, a

S lascivious act with a child in section 709.8, assault with 6 intent to commit sexual abuse in section 709.11, or any other

7 sexual offense by which the human immunodeficiency virus may

8 be transmitted, the county attorney, if requested by the

9 victim or the parent, guardian, or custodian of a minor 10 victim, shall petition the court for an order requiring the

ll person convicted to be tested for the human immunodeficiency 12 virus in accordance with rules established by the Iowa

13 department of public health. 14 2. The results of the

15 issued under subsection 1

test conducted pursuant to an order

shall be released only to the person

16 convicted of the offense, the physician of the person

17 convicted, the victim, the physician of the victim, and, if 18 the victim is a minor, to the parent, guardian, or custodian

19 of the victim. 20 3. The court shall also order periodic testing of the

21 convicted offender during the period of incarceration. The 22 results of the test conducted pursuant to this subsection

23 shall be released only to the convicted offender, the 24 physician of the convicted offender, the victim, the physician

25 of the victim, the parent, guardian, or custodian of the 26 victim if the victim is a minor, and the personnel of the

27 institution in which the convicted offender is incarcerated. 28 4. If the test r'esults are positive, counseling shall be

29 provided to the victim regarding the human immunodeficiency 30 virus, in addition to referral to appropriate health care and

Jl

32

support services. Sec. 2. Section 135.11, Code 1993, is amended by


adding

34 NEW SUBSECTION. 24. Adopt rules which provide for the

35 testing of a convicted offender for the human immunodeficiency

-1-

-- --- - -

S.F. ____ ILF.

1 virus pursuant to section 709.17. The rules shall provide 2 guidance to a court in issuance of an order for periodic 3 testing as often as is necessary in accordance with the 4 incubation period of the virus and shall provide for the 5 provision of counseling, health care, and support services to 6 the victim if"the test results are positive.

7 Sec. 3. Section 141.23, subsection 1, Code 1993, is 8 amended by adding the following ne.w pa>:agraph:

9 NEW PARAGRAPH. i. The convicted offender, the physician 10 of the convicted offender, the victim, the parent, guardian,

11 or custodian of the victim if the victim is a minor, the 12 physician of the victim, and the personnel of the institution

13 in which a convicted offender is incarcerated, as applicable, 14 pursuant to section 709.17. 15 EXPLANATION 16 This bill provides for the testing of a person convicted of

17 a sexual offense, for the human immunodeficiency virus if the 18 victim, or the parent, guardian, or custodian of a minor

19 victim requests the prosecuting attorney to petition the court 20 for authorization of the test. The court is required to order

21 initial and periodic testing of the convicted offender during 22 the period of incarceration, based upon the incubation period 23 of the virus. The results of the test performed are only to 24 be released to the convicted offender, the physician of the 25 convicted offender, the victim, the parent, guardian, or 26 custodian of the victim if the victim is a minor, and the 27 personnel of the institution in which the convicted offender 28 is incarcerated, as applicable. The Iowa department of public 29 health is required to develop rules for the testing of 30 convicted offenders. Remedies for violation of provisions

31 relating to confidentiality are applicable under section 32 141.24 and provide the right to an action for damages or other 33 relief and the maintaining of a civil action by the attorney 34 general for violation of the provisions. 35

-2-

LSB 1830HC 75

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' ,. .. c.,

ltOUS?. f'JI,f. 41A

AN ACT

REI.ATING TO THf. TESTING OF' A PERSON POR THE HUMMJ IAAUNO

OEF'ICIENCi' VIRUS F'OI.T.QWING CONVICTION FOR CERTAIN OFI'l':NS~S.

MAKING REI.IF.f PROVISIONS APPI.ICARI,F. POR VIOLATION OF ('(JNJ'l

OtNTIAI.ITi', AND PROVIDING A PENALTY.

RF. IT K'tfACTEO B'f THE GENERA(, ASSF.MRI.Y OF THf: S"TAH; OP IO'~A:

Section l. ~~---gCTION. 7098.1 DF.F'lNITIONS.

1\s used in this chapter, unless the context otherwise

requires:

1. •AIDS" means acquired iavnune deficiency syndror-.P. as

d~finE>d by the cPnters for disease control of the UnitPd

States dPpartment of health and human services.

2. •convicted offender" mP.ans a person convicted o! a

se>xual assault.

' J. •oepartment .. means the Iowa department of public

health.

4. •oivision" rnP.ans the crime victims assistance division

of thP office of the attorney general.

S. "RlV" means the human im.;nunodeficiency virus identifiP.d

as the causative agent of AIDS.

6. "HlV-ret.ated test" rneans a test for tho antibody or

antigen to HIV.

7. "Petitioner" means a person who is the victim of a

sexual assault which resulted in alleqed significant exposure

or thP parent, guardian, or custodian of a victin if the

victim is a minor, for whom th~ county attorney files a

petition with the district court to rcquirP. the convict~d

offender to underqo an HIV-related test.

8 ... S~xual assault" f'".ean~; sexual abuse ,,s dcfinP.d 1n

section 709.1, or any oth~r ~.~xual offense by ...,hich a victin

has alleqedly ~ad ~ufficient. corrtdcl wtth a convictPd off1~ndcr

,. • House Fi.lt! HR. p. 2

to be tte~rr.l!d a significant exposure!.

9. ''Siqnlficant £.>:..:posure'' m~ans contact of the victim's

ruptured or bro!o;en !"kin or mucous m.t>mbranes with the blood or

bodily fluids, oth(>r than tears. saliva, or pPrspiration of

the convicted offpni1P.r. "Signit'ic<~nt. exposurP." is presumed to

havP. or.curred when thPrP is a ghowinq that there WJlS

pl!'netration of t.hE" convicted off~nder's penis Into th~

victim's vagina or .1nus, contact bet~.teen tht> rrouth and

gPnit~lia, or contact bP.tweP.n thP. qP.nitalta of the off~ndPr and thP. genitalia or anus of the victim.

to. •victim counselor• ~eans a pP.rson who is enqaqed in a

crime victim center as defined in section 236A,l, who is

certified as a counselor by th~ crime victim center, and who

has completed at least twenty hours of training provided by the Iowa coalition against Sf!>xual assault or a similar agency.

Sec. 2. N~W SECTION. '}098.1 IIIV-RELATED TEST-- CONVlC'TED

SEXUAL ASSAUL1' OPF'tNDER,

1. If a person is convicted of sexual ass.tult, the county

attorney, if requested by the petitioner, shall petition the

court for an order requiring the person convicted to submit to

an HIV-related test, provided that all of the following

conditions are met:

a. The sexual assault for which the offender was convicted

included sufficient contact between the victim and the

ot'fender to be deemed a significant exposure pursuant to

section 7098.1.

b. The authorized repr~sentative of the petitioner, the

county attorney, or the court souqht to obtain written

inforned consent from the convicted offender to the testing.

c. Written informed consent wao not provided by the

convicted offend~r.

2. Upon receipt of the p~tit.ion, the coort shall:

a, Prior to the sch~dulinq of a ti~arinq, refer the victim

for coun:H~linq by a vict.il<' C<.Nn!>elor or a person r(>que5t~d t1y

thP victin who ic. •Hlthori?.ed to provide th(· c:.:.unselinq :I: ., ~ ... ())

nou:;p rill? 418, p . .l

requLred p11rsu-'int to s€'ction 141.22, rr.>g.udinq the- narurP,

u~llabi 1 H.y, and siqnif icanct: o( t.hf'! HIV-relarpd t~!lt and of

thf': sProloqic status of thP. C()nvict.~;>d offender.

h. Schedule a hearing to bP hPld ,,s soon a!; i!;

practicablf':,

c. CausP.- writte-n not ice to be serv~d on thP. convic~ed

offend~r who l!l the subject of th~ proccedinq, in .trcordanc~

with t.he rules of civil procedure rP.lating to the servic:e of

original notice, or 1f the convicte-d offl?ndP.r 1s reprP.$en~P.d

by legal coun.!'!P.l, provide wr1tt.~n notice to the convict.ed

offend~r and t:hP. convicted offender's lP9al counsel.

d. Provide for the appointment of legal counsel for a

convictP.d oUendP.r if thf:> convlcted offf>nder desires but I!'O

financially unable to employ counsel.

e. rurnlsh legal counsel with copies of t·.he petition.

3. Unless a petitioner chooses to be represented by

private counsel, thf': county attornPy shall represent t.he

victim's int.crcst in all proccr;dinqs undPr this s~Jction.

4. a. A hearing under this section shall be conducted 1n

an informal ~anner consistent with orderly procedure and in

accordance with the Iowa rules of evidence. The hearinq shall

be li~ited in scope to the review of questions of fact only as

to the issue of whether the sexual assault for which the

offender was convicted provided sufficient contdct between the

victim and the offender to be deemed a significant Pxpo~ure

and to questions of law.

b. In detercoining whether the contact should b~ deemed a

significant P.xposure, the court shall ba11e t:he determination

on the testimony presented during the proceedings on the

sexual assault charqe, the minutes of the testimony or other

evidence included in the court record, or iC a plea of quilty

was Pntered, based upon tht> complaint or upon testimony

provided during the hearinq.

c. 'l'he victilfl may t~s':.ify at the he.uinq, bd. shall not he

compt>lled to testify. 1'h1! court !J.h,:dl not con5id~r tht!

• e

IIOUSI! file 418, p. 4

rPfusal of a vic:ti~ t~ testify at th~ hearing as material to

t:h~ co11rt's decision r'!qdcdinq 1ssuance ot an ord~r rPquiring

testinq.

d. The- hearinq shall bP in camera unless the con•Jict.ed

o(fendt.~r and tht~ pc~tit.ioner agree to a hearinq in open court

.:tnri the court approvPs. TtlP. report of the hearing procPedinqs

sh,lll hP se.liPd anll no report of the procePdinq~ shall bf':

rPl~ased to th~ p~Jbl ic, e.ICCP.pt with the permission or all

p<Ht.iPs 11nd t.hf': approval of t.he court.

P.. St:Pnographic notes or electr<lnlc or mechanical

recotdings shall bf': t.akP.n o( all court hearings unlf':~.s .,..aived

by th@ partiP.!>.

S. f"ollowinq th~ hP.aring, th~ court: may requirP a

r.onvlcted offender to undE>rgo an HrV-rPlatE!d te-st only if the

pP.titioner proves all of t:he- following by a pre-pondP.r~tncP. of

the ev.idt>nce:

a. Th~ s~xual assault constituted a signific:a.nt @'XpO!'>tJrP..

h. An authori~ed reprP.srontatlve of the petit:ioner, the

county attorney, or the co•1rt souqht. to obtain writ ten

informed consent fro~ the convicted offender.

c. Written informed consent was not provided by thE!

convicted offender.

6. A convicted offender who is required to undergo an BIV

relat.e-d test may appeal to the court for rev.i~w of qtwstions

of law only, but ruay appeal questions of fact if the findings

of fact are clearly Prroneous.

Sec. J. NEW SRC!}_q~. '/098,3 TESTING, RF.:PORTING, AND

COUNSF.I.ING -- PF.NALTIES,

1. The physician or other practitioner who orders the test

of a c:onvictP.d offendE.'r for !IIV under this chapter shall

disclose the CI~Sults of the test to lhf!> convicted otfender and

to the victi.!'l counselor or a parson requested by the victil'l

who is authori~ed to provide the counseling required pursuant

t:o SPction 141.22, who chall disclon~J the rP.sults to the

pl't:itloner.

•

' :a r.,

!louse Pil~ 418, p. S

2. All testing under t.hi~ chapter shall bl' accC'mpanied by

pretest and postte!'l.t counseling a!; requirf!d under section

141.22.

3. Subsequent tf!sting arlsinq out of th~ same Incident of

exposure shall he conducted ln accordance with the procedural

and confidentiality requirements of this chapt.Pr.

4. Results of a test performed und<>r this chapter, except

JtS provided in subsection 6, shall be disclosed only to the

phy~>ician or ot.her praet1t loner who orders the t:e!>t of the

convlctl"d offender, t.he convicted ol'ff!'nder, the viet im, the

victim counselor or person request~d by the victim who is

authorized to provide the counstolinq required pur~uant to

section 141.22, the phy!'>lcian of the v1ct1m lf request:~d by

the victim, and the par~nt, 9uardian. or custodian of the

victim, lf t:he victiM ls a ~lnor. Results of a test p~rform~d

undP.r this chapter shall not be disclosed to any other p~rson

..,ithout the ..,ritten, l.ntorr.~ed con,..ent of the convicted

offendP.r. A pP.rson to -.·hom the results of a ter.t have been

disclosed under this cllapter is subject to the confidentiality

provisions of section 141.23, and shall not disclose the

results to another person except as authorized by s~ction

141.23, subsection 1.

s. Not..,ithstanding subsection 4, test results shall not be

disclosed to a convicted offendP.r who elects against

disclosure.

6. rf testinq is ordered under this chapter, the court

shall also order periodic testinq of the convicted off~nder

durinq the period of incarceration, probation, or parole if

the physician or other practitioner who ordered the initial

tent of the convicted offender certifies that, basr.-d upon

prevailinq scientific opinion reqardinq the r:'laximum periorl

durinq which the results of an HJV-related t:est may be>

negative for a person after beinq HIV-infecb.=~d. additional

t.e!;ti.nq is. n~r:c~9ary to dct.erninP whet.h~r the convictf~<i

offP.nder waa HIV-infected at the tirn(> the sexual au:::ault · ... a!;

/a.'' • :a \.,

House fi lf! 418, p. 6

perpetrdtcrl. The result~ of the u.•!.lt. conducted pursuant to

this !iubsectlon shall b~ n~l~ascd only to thP. physician or

other practiti()npr who orders thP. test of thP. convicted

off~ndf"!r, t.h~ convi.ctt'd offP.ndt'r, thP vi<7tim coun!'i,.lor Qr

person requ~st.~d by the viet. 1m who is authorized to provide

t.he counseling required pursuant to section 141,')1, whQ shall

r]i:';r.lose t.hP rP.sul.ts to the petitioner. and the physician of

th~ victim, if request~d by the victim.

7. 'J'he C()IJrt shclll not consider thP. disclofi.ure of an

all~ged off~nder's serostatu~ to an alleged victim, priQr to

convict ion, c1S a basis for a reduced plea or reduced sPntP.ncP.

8. ThP fact that an HI'J-related test was performed under

this chaptP.r and th~ r~sults of the test. shall not be included

in lhP convict.P.d offender's IDEHiical or criminal record unless

othP.rwlse includP.d in department of corrections records.

<J. Th~:> fact that an UIV-celated test was performed under

thi~ chapter anrj the results of the test shall not b€:' \lSed as

a b,lsis for furthE>r prosecution of a convicted offender in

relation to the incident which is the subject of the testing,

to enhance punishments, or to influence sentencinq.

10. If the serologic status of a convicted offender, which

15 conveyed to the victin, is based upon an HIV-related test

other than a test which is authorized as a result of thP.

procedures established in this chapter, legal protections

which attach to such testing shall be the same as those which

attach to an initial test under this chapter, and the rights

to a predisclosure he-ar inq and to appeal provided under this

chapter shall apply.

11. fiiV-related testinq required under this chapter shall

be conducted by the stat~ hyqienic laboratory.

12. ttotwithstandi.nq the provisions of this chapter

requiring initial testing, if a p~tition is fil~d with the

court under st•ction 709B.l reque-sting an order for te!>Ung and

the ocdPr lfi Qrantcrl, .1nd if a l~5t har. prc-viour.ly b~en

performed on the convicted off(!'ndcr ..,hile under the cont:rol of

:I: "T1 ~ ..... co

!lOllS~ File 418, p. 7

thP. dPpartr:-.P.n~. of corrections, the t~st re&lJlts shall be

provid~ti in lieu of the performance of an initial test of thP

convi.c~ed offP.nder, ln accordance with this chaptPr.

13. ln atiditi.on to the counselinq rP.cPived by a victim,

rE-ferral to appropriate health care and support sNvices !'>hall

h~ provi.dP.d.

14. In add it ion to persons to wholll disclosure of thP

results of a convicted offender's HIV-related test results iR

authorlr.ed under this chapt~r, the victim may also disclose

the results to the victim's spous~. pe-rsons w.ith whom th~

victim has enqagP.d in vaqlnal, anal, or oral intercourse

subsequent to the sexual assault, or nembers of the vi.ctil'ft'S

family wit.hin the third de-gree of consanguinity.

1~. A person to whom disclosure of a convicted offender's HIV-related test results is authorized under this chapt.P.r shall not disclose the results to any other person for whom disclosure is not authorized under this chapter. A pP.rson who

intentionally or recklessly n>aSces an unauthoriz~d di!>clo!>urc under t~is chapter is subject to a civil penalty of on~ thousand dollars. The attorney general or the attorney general's designee may maintain a civil action to enforce this

chapter. Proceedings maintain~d under this subsection ~hall provide for the anonymity of the test subject and all

documentation shall be maintained in a confidential manner. Sec. 4. s~ction 135.11, CodP. 1993, is amended by addinq

the following new subsection:

NEW: ~~.f:!S£~~~9.~· 24. Adopt rule~ which provide for the testing of ~ convicted offender for the hu~an immunodeficiency virus pursuant to chapter 7098, The rules shall provide for

the provision of counseling, health care, and support services to the victim.

Sec. s. Section 141.23, subsection 1, Code 1993, is amended by adding the followinq new paragraph:

~~~~~c~.~· i. The con·.'icted offP.nder, t:he physician or other practitioner ..,.ho orders t.he- test of the (:onvlcted

• •

House FilP 418, p. 8

offender, the- viet im, t.hP p<Ht:>nt·, qu.:udian, or CIJ5todi,ln of'

th~ victiM if the victim is a minor, the phy~ician of the victitrl, the victim collnse-lor or person r~quP.~tPd hy thP victim

who is authoriz~d to providP. thP counseling requlrerl pur!w.lnt" to s~:>cti<ln 141.22, and thP vic:tin'$ spousP., personr. with whom

t.hP victim has enq~qed in vaginal, anal. or oral intP.rcour!>P. subsequr.>nt to the sexual as5ault, or menbf:!rs of th"! victim's

family within the fourth degr~c of consanguinity.

HAROIAJ VAN AAAm:)>.!

Speal(er of the House

LOO»AAO L. 80SW!-:l.L

President of the SP.nate

I her~by certify that this bill originated in ~he Rouse and is known as HousP. File 418, Seventy-fifth General Assembly.

------.------ELIZABl:TII ISAACSON

Approv~d -4-' ChiPf Clerk of the Rouse

1993

TERRY E. BRANSTAO

Governor

•

hf 0418.tif

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