PRINTER'S NO. 3106
No. 2457 Session of 1994
INTRODUCED BY STISH, NYCE, DEMPSEY, HUTCHINSON, WOGAN,
COLAFELLA, NICKOL, PITTS, TIGUE, McCALL, CORRIGAN, FLICK,
BUNT, HENNESSEY, TRUE, BELFANTI, COY, FARGO, HARLEY, RAYMOND,
SAURMAN, SCHEETZ, SURRA, ROHRER, MASLAND, STABACK,
D. W. SNYDER, KING, VANCE, EGOLF, GEIST, BELARDI, M. COHEN,
LEDERER, ADOLPH AND DRUCE, JANUARY 26, 1994
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 1994
AN ACT
1 Amending the act of April 23, 1956 (1955 P.L.1510, No.500),
2 entitled, as amended, "An act providing for the prevention
3 and control of communicable and non-communicable diseases
4 including venereal diseases, fixing responsibility for
5 disease prevention and control, requiring reports of
6 diseases, and authorizing treatment of venereal diseases, and
7 providing for premarital and prenatal blood tests; amending,
8 revising and consolidating the laws relating thereto; and
9 repealing certain acts," defining "HIV-related test"; and
10 providing for human immunodeficiency virus (HIV) testing of
11 sex offenders.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 2 of the act of April 23, 1956 (1955
15 P.L.1510, No.500), known as the Disease Prevention and Control
16 Law of 1955, is amended by adding a subsection to read:
17 Section 2. Definitions.--
18 The following terms, whenever used in this act, have the
19 meanings indicated in this section, except where the context
20 indicates a clearly different meaning:
1 * * *
2 (d.1) HIV-related test. Any laboratory test or series of
3 tests for any virus, antibody, antigen or etiologic agent
4 whatsoever thought to cause or to indicate the presence of HIV
5 infection.
6 * * *
7 Section 2. Section 8 of the act, amended September 11, 1959
8 (P.L.868, No.345), is amended to read:
9 Section 8. Venereal Disease and Human Immunodeficiency Virus
10 (HIV) Testing.--
11 (a) Any person taken into custody and charged with any crime
12 involving lewd conduct or a sex offense, or any person to whom
13 the jurisdiction of a juvenile court attaches, may be examined
14 for a venereal disease by a qualified physician appointed by the
15 department or by the local board or department of health or
16 appointed by the court having jurisdiction over the person so
17 charged.
18 (b) Any person convicted of a crime or pending trial, who is
19 confined in or committed to any State or local penal
20 institution, reformatory or any other house of correction or
21 detention, may be examined for venereal disease by a qualified
22 physician appointed by the department or by the local board or
23 department of health or by the attending physician of the
24 institution, if any. An individual convicted or adjudicated
25 delinquent of a sexual offense shall be deemed to consent to an
26 HIV-related test, which test shall be performed at the request
27 of the victim. The individual convicted shall be notified that
28 the test is being performed and shall be notified of the test
29 results. As used in this subsection, the term "convicted"
30 includes conviction by entry of a plea of guilty or nolo
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1 contendere, conviction after trial and a finding of not guilty
2 due to insanity or of guilty but mentally ill. As used in this
3 subsection, the term "sexual offense" means a crime under the
4 following provisions of 18 Pa.C.S. (relating to crimes and
5 offenses):
6 Section 3121 (relating to rape).
7 Section 3122 (relating to statutory rape).
8 Section 3123 (relating to involuntary deviate sexual
9 intercourse).
10 Section 3124 (relating to voluntary deviate sexual
11 intercourse).
12 Section 3125 (relating to aggravated indecent assault).
13 Section 3126 (relating to indecent assault).
14 Section 4302 (relating to incest).
15 Section 6312(b) (relating to sexual abuse of children).
16 If the HIV-related test results in a negative reaction, the
17 court shall order the individual to submit to another HIV-
18 related test six months after the first test was administered.
19 The Department of Health shall:
20 (1) direct the administration of the test;
21 (2) notify the victim of the results of each test;
22 (3) make HIV counseling available to the victim; and
23 (4) refer the victim to appropriate health care and
24 support services.
25 (c) Any such persons noted in paragraph (a) or (b) of this
26 section found, upon such examination, to be infected with any
27 venereal disease shall be given appropriate treatment by duly
28 constituted health authorities or their deputies or by the
29 attending physician of the institution, if any.
30 Section 3. This act shall take effect in 60 days.
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