Current Status Introducing Body:Senate Bill Number:914 Ratification Number:500 Act Number:430 Primary Sponsor:Courtney Type of Legislation:GB Subject:AIDS, testing of sex offenders for Date Bill Passed both Bodies:19940511 Computer Document Number:914 Governor's Action:S Date of Governor's Action:19940527 Introduced Date:19940111 Date of Last Amendment:19940503 Last History Body:------ Last History Date:19940527 Last History Type:Act No. 430 Scope of Legislation:Statewide All Sponsors:Courtney Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
914 ------ 19940527 Act No. 430
914 ------ 19940527 Signed by Governor
914 ------ 19940524 Ratified R 500
914 House 19940511 Concurred in Senate
amendment, enrolled for
ratification
914 House 19940511 Reconsidered vote whereby
debate was adjourned on the
Senate amendments until May
17, 1994
914 House 19940510 Debate adjourned on Senate
amendments until Tuesday, May
17, 1994
914 Senate 19940503 House amendments amended,
returned to House with
amendment
914 House 19940427 Read third time, returned to
Senate with amendment
914 House 19940426 Amended, read second time
914 House 19940407 Committee Report: Favorable 25
with amendment
914 House 19940126 Introduced, read first time, 25
referred to Committee
914 Senate 19940126 Read third time, sent to House
914 Senate 19940125 Read second time
914 Senate 19940119 Committee Report: Favorable 11
914 Senate 19940111 Introduced, read first time, 11
referred to Committee
914 Senate 19931206 Prefiled, referred to 11
Committee
View additional legislative information at the LPITS web site.
(A430, R500, S914)
AN ACT TO AMEND SECTIONS 16-3-740 AND 16-15-255, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT UPON MOTION OF THE SOLICITOR IN CERTAIN CASES THE COURT SHALL ORDER TESTING FOR SEXUALLY TRANSMITTED DISEASES, INCLUDING HIV, AND FOR HEPATITIS B, AND IN OTHER CASES WHERE THE VICTIM WAS EXPOSED TO BLOOD OR BODY FLUIDS, THE COURT MAY ORDER TESTING FOR SEXUALLY TRANSMITTED DISEASES INCLUDING HIV, AND FOR HEPATITIS B; TO PROVIDE THAT POSITIVE TEST RESULTS MUST BE REPORTED TO THE DEPARTMENT HAVING CUSTODY OF THE OFFENDER IN ORDER TO PROVIDE MEDICAL TREATMENT TO THE OFFENDER; AND TO REQUIRE POSITIVE TEST RESULTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN ORDER TO PROVIDE COUNSELING TO THE VICTIM AND TO THE OFFENDER AND TO PROVIDE TESTING AND REFERRAL FOR THE VICTIM IF REQUESTED.
Be it enacted by the General Assembly of the State of South Carolina:
Certain criminal offender testing for Hepatitis B and sexually transmitted diseases upon motion of solicitor; reporting of results
SECTION 1. Section 16-3-740 of the 1976 Code, as added by Act 490 of 1988, is amended to read:
"Section 16-3-740. (A) Within fifteen days of the conviction of a person or adjudication of a juvenile under state law for a crime involving sexual battery as defined in Section 16-3-651 or sexual conduct as defined in Section 16-3-800, the solicitor shall make a motion, and the court shall order that the convicted offender or adjudicated juvenile offender be tested for Hepatitis B and all sexually transmitted diseases, including Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS).
(B) Within fifteen days of the conviction of any person or adjudication of a juvenile under state law for a criminal offense, other than those offenses provided for in Section 16-15-255, where the victim has been exposed to blood or vaginal, seminal, or other body fluids of the convicted offender, upon motion of the solicitor or upon the court's own motion, the court may order that the convicted offender be tested for Hepatitis B and all sexually transmitted diseases, including Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS).
(C) The tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center where the convicted offender or adjudicated juvenile offender is imprisoned or detained. The results of the tests must be reported to the South Carolina Department of Health and Environmental Control and to the solicitor who ordered the tests. The solicitor shall notify the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated and the convicted sexual offender or adjudicated juvenile offender and the juvenile offender's parent or guardian of the tests results. The solicitor also shall provide to the Department of Corrections or Department of Juvenile Justice the test results for Hepatitis B and other sexually transmitted diseases which indicate that the offender or adjudicated juvenile is infected with the disease and the results of a Human Immunodeficiency Virus test which indicate that the convicted offender or adjudicated juvenile offender is infected with the Human Immunodeficiency Virus. The Department of Corrections or Department of Juvenile Justice shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detention center. The convicted offender or adjudicated juvenile offender shall pay for the tests unless the offender is indigent, in which case the cost of the tests must be paid by the State. If the tests given pursuant to this section indicate exposure to a sexually transmitted disease, Hepatitis B, or if the Human Immunodeficiency Virus test indicates exposure to Acquired Immunodeficiency Syndrome (AIDS) or to the Human Immunodeficiency Virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding the disease, syndrome, or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."
Additional criminal offender testing for Hepatitis B and sexually transmitted diseases upon motion of solicitor; reporting of results
SECTION 2. Section 16-15-255 of the 1976 Code, as added by Act 490 of 1988, is amended to read:
"Section 16-15-255. Upon the conviction of a person or adjudication of a juvenile under state law for a violation of Section 16-15-90, 16-15-100, 16-15-120, or 16-15-140, the solicitor shall make a motion, and the court shall order that the convicted offender or adjudicated juvenile offender be tested for Hepatitis B and all sexually transmitted diseases, including Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center if the convicted offender or adjudicated juvenile offender is imprisoned or detained. The results of the tests must be reported to the South Carolina Department of Health and Environmental Control and to the solicitor. The solicitor shall notify the convicted offender or adjudicated juvenile offender and the juvenile's parent or guardian and any person who may have been exposed as a direct result of the act leading to the conviction or adjudication and the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated. The solicitor also shall provide to the Department of Corrections or Department of Juvenile Justice the test results of a Human Immunodeficiency Virus test conducted pursuant to this section which indicates that the convicted offender or adjudicated juvenile offender is infected with the Human Immunodeficiency Virus, test results for other sexually transmitted diseases, and test results for Hepatitis B. The Department of Corrections or Department of Juvenile Justice shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detention center. The convicted offender or adjudicated juvenile offender shall pay for the tests unless the offender is indigent, in which case the cost of the tests must be paid by the State. If the testing indicates exposure to the disease tested for or if the Human Immunodeficiency Virus test indicates exposure to Acquired Immunodeficiency Syndrome (AIDS) or to the Human Immunodeficiency Virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding the disease, syndrome, or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1994.