THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, KITCHEN, RAFFERTY, ERICKSON, ORIE, TOMLINSON AND WAUGH, JANUARY 12, 2011

REFERRED TO JUDICIARY, JANUARY 12, 2011  

AN ACT

Amending the act of April 23, 1956 (1955 P.L.1510, No.500),

entitled, as amended, "An act providing for the prevention

and control of communicable and non-communicable diseases

including venereal diseases, fixing responsibility for

disease prevention and control, requiring reports of

diseases, and authorizing treatment of venereal diseases, and

providing for premarital and prenatal blood tests; amending,

revising and consolidating the laws relating thereto; and

repealing certain acts," further providing for HIV testing of

certain convicted offenders.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 11.1(a) and (c) of the act of April 23,

1956 (1955 P.L.1510, No.500), known as the Disease Prevention

and Control Law of 1955, added September 29, 1994 (P.L.516,

No.75), are amended to read:

Section 11.1.  Human Immunodeficiency Virus (HIV) Testing of

Certain Convicted Offenders.--

(a)  This section is enacted in order to comply with the

requirements of section 506 of the Omnibus Crime Control and

Safe Streets Act of 1968 (Public Law 90-351, 42 U.S.C. § 3756)

which compels states to enact a law requiring administration of

HIV-related tests to individuals convicted of specified offenses

when a victim requests that such a test be performed. Offenses

relating to assault by prisoners and aggravated harassment by

prisoners have been added given the unique problems those

offenses present, including an increased likelihood of

transmission of HIV to the victims of such offenses.

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(c)  The HIV-related test shall be performed at the request

of a victim if the individual has been convicted or adjudicated

delinquent under one of the following provisions of 18 Pa.C.S. 

(relating to crimes and offenses):

Section 2703 (relating to assault by prisoner), if there has

been contact between the victim and the blood, seminal fluid,

saliva, urine or feces thrown, tossed, spit or expelled by the

offender.

Section 2703.1 (relating to aggravated harassment by

prisoner), if there has been contact between the victim and the

blood, seminal fluid, saliva, urine or feces thrown, tossed,

spit or expelled by the offender.

Section 2704 (relating to assault by life prisoner), if there

has been contact between the victim and the blood, seminal

fluid, saliva, urine or feces thrown, tossed, spit or expelled

by the offender.

Section 3121 (relating to rape).

[Section 3122 (relating to statutory rape).]

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

[Section 3128 (relating to spousal sexual assault).]

Section 4302 (relating to incest).

Section 6301 (relating to corruption of minors) if there has

been sexual intercourse as defined in 18 Pa.C.S. § 3101 

(relating to definitions) between the individual who has been

convicted or adjudicated delinquent and the victim.

* * *

Section 2.  This act shall take effect in 60 days.