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S1205................................................by JUDICIARY AND RULES
HEPATITIS C VIRUS - Amends existing law to provide for HCV testing of
persons charged with a crime involving a possible transmission of body
fluids.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Diede, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Sorensen
Title apvd - to House
03/02 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Geddes, Gould, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley, McKague,
Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Watson,
Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Boe, Field(20), Gagner, Hadley, Trail,
Williams, Wood
Floor Sponsor - Hornbeck
Title apvd - to Senate
03/19 To enrol - rpt enrol - Pres signed
03/22 Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 323
Effective: 07/01/99
S1205|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1205 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO VENEREAL DISEASES; AMENDING SECTION 39-604, IDAHO CODE, TO PROVIDE 3 FOR TESTING OF PERSONS CHARGED WITH A CRIME INVOLVING A POSSIBLE TRANSMIS- 4 SION OF BODY FLUIDS FOR HEPATITIS C VIRUS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 39-604, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 39-604. CONFINED AND IMPRISONED PERSONS -- EXAMINATION, TREATMENT, AND 9 QUARANTINE -- VICTIMS OF SEXUAL OFFENSES -- ACCESS TO OFFENDERS' TEST RESULTS, 10 TESTING FOR HIV, COUNSELING AND REFERRAL SERVICES. (1) All persons who shall 11 be confined or imprisoned in any state prison facility in this state shall be 12 examined for on admission, and again before release, and, if infected, treated 13 for the diseases enumerated in section 39-601, Idaho Code, and this examina- 14 tion shall include a test for HIV antibodies or antigens. This examination is 15 not intended to limit any usual or customary medical examinations that might 16 be indicated during a person's imprisonment. Nothing herein contained shall be 17 construed to interfere with the service of any sentence imposed by a court as 18 a punishment for the commission of crime. 19 (2) All persons who shall be confined in any county or city jail may be 20 examined for and, if infected, treated for the venereal diseases enumerated in 21 section 39-601, Idaho Code, if such persons have, in the judgment of public 22 health authorities and the jailer, been exposed to a disease enumerated in 23 section 39-601, Idaho Code. 24 (3) All persons, including juveniles, who are charged with sex offenses, 25 drug related charges, prostitution, any crime in which body fluid has likely 26 been transmitted to another, or other charges as recommended by public health 27 authorities shall be tested for the venereal diseases enumerated in section 28 39-601, Idaho Code , and for hepatitis C virus . 29 (4) All persons who are charged with any crime in which body fluid as 30 defined in this chapter has likely been transmitted to another shall be tested 31 for the presence of HIV antibodies or antigens , for hepatitis C virus 32 and forhepatitushepatitis B virus. 33 (5) If a person is tested as required in subsections (3) or (4) of this 34 section, the results of the test shall be revealed to the court. The court 35 shall release the results of the test to the victim(s), or if the victim(s) is 36 a minor, to the minor's parent, guardian or legal custodian. Whenever a pris- 37 oner tests positive for HIV antibodies or antigens, the victim(s) of said 38 prisoner shall be entitled to counseling regarding HIV, HIV testing in accor- 39 dance with applicable law, and referral for appropriate health care and sup- 40 port services. Said counseling, HIV testing and referral services shall be 41 provided to the victim(s) by the district health departments at no charge to 42 the victim(s). Provided however, the requirement to provide referral services 43 does not, in and of itself, obligate the district health departments to pro- 2 1 vide or otherwise pay for a victim's health care or support services. Any 2 court, when releasing test results to a victim(s), or if the victim(s) is a 3 minor, to the minor's parent, guardian, or legal custodian, shall explain or 4 otherwise make the victim(s) or the victim's parent, guardian, or legal custo- 5 dian, aware of the services to which the victim(s) is entitled as described 6 herein. 7 (6) Responsibility for the examination, testing and treatment of persons 8 confined in county or city jails shall be vested in the county or city that 9 operates the jail. The county or city may contract with the district health 10 departments or make other arrangements for the examination, testing and treat- 11 ment services. The district health department or other provider may charge and 12 collect for the costs of such examination and treatment, as follows: 13 (a) When the prisoner is a convicted felon awaiting transfer to the board 14 of correction, or when the prisoner is a convicted felon being confined in 15 jail pursuant to a contract with the board of correction, the board of 16 correction shall reimburse such costs; 17 (b) When the prisoner is awaiting trial after an arrest by any state 18 officer, the state agency employing such arresting officer shall reimburse 19 such costs; 20 (c) When the prisoner is being held for any other authority or jurisdic- 21 tion, including another state, the authority or jurisdiction responsible 22 shall reimburse such costs unless otherwise provided for by contract.
STATEMENT OF PURPOSE
RS 08621C1
Certain crimes, especially sex crimes, carry an inherent risk
that infectious diseases may be transferred from the
perpetrator to the victim. Under current law, victims of such
crimes are entitled to find out if the perpetrator has HIV or
hepatitis B, however, hepatitis C is omitted. Recovery for
victims of these crimes can involve substantial emotional and
physical difficulties. One thing we can do for these victims
is remove the uncertainly as to whether they have been exposed
to a communicable disease. Hepatitis C is a serious,
potentially life threatening disease and victims deserve to be
informed if they have been exposed to it.
Idaho Code 39-604 currently requires that if a person is
charged with crime where body fluid has likely been
transmitted, the person charged shall be tested for HIV and
hepatitis B. The results of these tests are revealed to the
court and the court releases the results to the victim, or a
parent if the victim is a minor. The absence of testing and
notification with regard to hepatitis C leaves the victim
lacking for information that is essential for recovery, both
emotionally and physically.
The inclusion of Hepatitis C, along with HIV and Hepatitis B
will grant victims valuable information that will allow them a
small measure of relief or the ability to seek appropriate
medical treatment at the earliest possible time.
FISCAL NOTE
This bill will have minimal fiscal impact. The amendment would
only impact criminal cases that involve a risk of transfer of
body fluids. This is a small percentage of all criminal cases.
Furthermore, under current law, testing is already required
for HIV and hepatitis B in those cases. The hepatitis
screening done by the Department of Corrections already
includes hepatitis C.
CONTACT: KEVIN MALONEY, IDAHO PROSECUTING ATTORNEYS'
ASSOCIATION
364-2121
STATEMENT OF PURPOSE/ FISCAL NOTE S1205