PRINTER'S NO. 934
No. 834 Session of 1999
INTRODUCED BY GREENLEAF, MURPHY, HART, WAUGH, BOSCOLA, HOLL, KASUNIC, LEMMOND, O'PAKE, ROBBINS AND SALVATORE, APRIL 26, 1999
REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 26, 1999
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," further providing for HIV testing. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Section 11.1(a) and (c) of the act of April 23, 13 1956 (1955 P.L.1510, No.500), known as the Disease Prevention 14 and Control Law of 1955, added September 29, 1994 (P.L.516, 15 No.75), is amended to read: 16 Section 11.1. Human Immunodeficiency Virus (HIV) Testing of 17 Certain Convicted Offenders.-- 18 (a) This section is enacted in order to comply with the 19 requirements of section 506 of the Omnibus Crime Control and 20 Safe Streets Act of 1968 (Public Law 90-351, 42 U.S.C. § 3756) 21 which compels states to enact a law requiring administration of
1 HIV-related tests to individuals convicted of specified offenses 2 when a victim requests that such a test be performed. Offenses 3 relating to assault by prisoners and aggravated harassment by 4 prisoners have been added given the unique problems those 5 offenses present, including an increased likelihood of 6 transmission of HIV to the victims of such offenses. 7 * * * 8 (c) The HIV-related test shall be performed at the request 9 of a victim if the individual has been convicted or adjudicated 10 delinquent under one of the following provisions of 18 Pa.C.S. 11 (relating to crimes and offenses): 12 Section 2703 (relating to assault by prisoner), if there has 13 been contact between the victim and the blood, seminal fluid, 14 saliva, urine or feces thrown, tossed, spit or expelled by the 15 offender. 16 Section 2703.1 (relating to aggravated harassment by 17 prisoner), if there has been contact between the victim and the 18 blood, seminal fluid, saliva, urine or feces thrown, tossed, 19 spit or expelled by the offender. 20 Section 2704 (relating to assault by life prisoner), if there 21 has been contact between the victim and the blood, seminal 22 fluid, saliva, urine or feces thrown, tossed, spit or expelled 23 by the offender. 24 Section 3121 (relating to rape). 25 Section 3122 (relating to statutory rape). 26 Section 3123 (relating to involuntary deviate sexual 27 intercourse). 28 Section 3128 (relating to spousal sexual assault). 29 Section 4302 (relating to incest). 30 Section 6301 (relating to corruption of minors) if there has 19990S0834B0934 - 2 -
1 been sexual intercourse as defined in 18 Pa.C.S. § 3101 2 (relating to definitions) between the individual who has been 3 convicted or adjudicated delinquent and the victim. 4 * * * 5 Section 2. This act shall take effect in 60 days. C30L35DMS/19990S0834B0934 - 3 -