HS/HCS/HB 1756 - This act modifies testing of and release of records regarding certain sexually transmitted diseases.

Current law prohibits the disclosure of an individual's HIV infection status or test results, except to certain authorized individuals. This act adds prosecuting and circuit attorneys and victims of sexual offenses. Any individual who has tested positive or false positive for certain sexually transmitted diseases (STD) may request copies of test results relating to the infections. Current law exempts individuals from liability for releasing such records to certain people. This act expands the release of records to victims of sexual offenses. The Department of Health and Senior Services will not be liable for disclosing an the status of an HIV-infected (human immunodeficiency virus) person to sexual partners of that person. Records may also be disclosed to defense attorneys by prosecuting or circuit attorneys. Individuals with HIV who are aware of their status must disclose such information to any health care professional providing treatment (Section 191.656).

Current law requires every person delivered to the Department of Corrections to undergo HIV testing and, if such tests are positive, the Department may inform the victim of any sexual offense. This act includes deviate sexual intercourse in the definition of "sexual offense" (Section 191.659).

Currently, it is prohibited for any person infected with HIV to act in a reckless manner. This act expands the description of reckless manner to include biting another person or purposely causing another person to come in contact with the mucous membranes or nonintact skin of the infected person. Current law imposes a Class D felony on those violating the provisions of this section. This act modifies the penalty to a Class B felony, unless the victim contracts HIV from the prohibited contact, in which case, the penalty will be a Class A felony. Violation of certain provisions will remain a Class D felony. The Department must assist law enforcement officials and may produce records concerning an individual's HIV-infected status, counseling received, and contact information for the partners of such person (Section 191.677).

When sexual offenses are involved, a new section allows a court to order testing for HIV, hepatitis B and C, syphilis, gonorrhea and chlamydia. The results must be released to the victim and to the prosecutor or circuit attorney. Such records will be sealed (Section 566.135).

Current law prohibits the crime of prostitution and imposes a penalty of a Class B misdemeanor. This act imposes a Class B felony if, before the act of prostitution, the person knew that he or she was infected with HIV. The use of condoms is not a defense and the court may not allow the defendant to change the plea. The Judge may consider successful completion of a drug or alcohol treatment program.
ERIN MOTLEY