HB261 By Representative Rowe RFD Judiciary Rd 1 18-FEB-16

SYNOPSIS: Under existing law, a person charged with the crime of rape, sodomy, or sexual misconduct may be ordered by a court to submit to a test for sexually transmitted diseases if requested by an alleged victim or the parent or guardian of an alleged victim.

This bill would also authorize testing for other crimes in which the victim was compelled to engage in sexual activity by force and would require that testing be performed within 48 hours of service of an information or indictment, if an information and indictment has been presented and the defendant is in custody.

A BILL TO BE ENTITLED AN ACT

To amend Sections 15-23-101 and 15-23-102, Code of Alabama 1975, relating to orders requiring charged persons to be tested for sexually transmitted diseases, to authorize testing for other crimes in which the victim was compelled to engage in sexual activity by force; and to require that testing be performed within 48 hours of service of an information or indictment under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 15-23-101 and 15-23-102, Code of Alabama 1975, are amended to read as follows:

§15-23-101.

"When a person has been charged with the crime of rape, sodomy, or sexual misconduct, or any other crime in which the victim was compelled to engage in sexual activity by force and it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, upon the request of the alleged victim or the parent or guardian of an alleged victim, the district attorney shall file a motion with the court for an order requiring the person charged to submit to a test for any sexually transmitted disease.

§15-23-102.

"(a) If the district attorney files a motion under Section 15-23-101, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that the person charged committed the crime of rape, sodomy, or sexual misconduct, or any other crime in which the victim was compelled to engage in sexual activity by force and the transmission of body fluids was involved. If an information or indictment has been presented and the defendant is in custody or has been served with the information or indictment, the test shall be performed within 48 hours of service.

"(b) When a test is ordered under Section 15-23-101, the alleged victim of the crime or a parent or guardian of the alleged victim shall designate an attending physician who has agreed in advance to accept the victim as a patient to receive information on behalf of the alleged victim.

"(c) If any sexually transmitted disease test results in a negative reaction, the court shall order the person to submit to any follow-up tests at the intervals and in the manner as shall be determined by the State Board of Health.

"(d) The result of any test ordered under this section is not a public record and shall be available only to the following:

"(1) The alleged victim.

"(2) The parent or guardian of the alleged victim.

"(3) The attending physician of the alleged victim.

"(4) The person tested.

"(e) If any sexually transmitted disease test ordered under this section results in a positive reaction, the individual subject to the test shall receive post-test counseling. Counseling and referral for appropriate health care, testing, and support services as directed by the State Health Officer shall be provided to the alleged victim at the request of the alleged victim or the parent or guardian of the alleged victim."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Health

Sexually Transmitted Diseases

Sex Offenses

Crimes and Offenses

Criminal Law and Procedure

Law Enforcement

Code Amended