HB460 ALLOWS LAW ENFORCEMENT OFFICERS TO REQUIRE HIV TESTING OF CERTAIN INDIVIDUALS WHO COME IN CONTACT WITH LAW ENFORCEMENT.
Sponsor: O'Toole, James P. (68) Effective Date:00/00/0000
CoSponsor: May, Brian H. (108) LR Number:1241-06
Last Action: COMMITTEE: SENATE PENSIONS AND GENERAL LAWS
04/27/1999 - Executive Session Held (S)
SCS VOTED DO PASS
HS HCS HB 460
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
ACTIONS HEARINGS CALENDAR
BILL SUMMARIES BILL TEXT FISCAL NOTES
HOUSE HOME PAGE BILL SEARCH

Available Bill Summaries for HB460 Copyright(c)
* Perfected * Committee * Introduced

Available Bill Text for HB460
* Perfected * Committee * Introduced *

Available Fiscal Notes for HB460
* House Substitute * House Committee Substitute * Introduced *

BILL SUMMARIES

PERFECTED

HS HCS HB 460 -- TESTING FOR COMMUNICABLE DISEASES (O'Toole)

This substitute allows a law enforcement officer to require and
direct that communicable disease testing for HIV, Hepatitis B,
Hepatitis C, and blood-borne pathogens be performed on certain
individuals without right of refusal.

Testing can be required on any individual who has physical
contact with a law enforcement officer or medical personnel and
who may be infected with a blood-borne pathogen.  The substitute
requires that an individual be informed of his or her right to
request a hearing prior to submitting to mandatory disease
testing.  A hearing must be held within 7 days of the time it is
requested by an individual.

FISCAL NOTE:  No impact on state funds.


COMMITTEE

HCS HB 460 -- COMMUNICABLE DISEASE TESTING

SPONSOR:  Kissell (O'Toole)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety and Law Enforcement by a vote of 15 to 1.

This substitute allows a law enforcement officer to require and
direct that communicable disease testing be performed on certain
individuals without right of refusal.

Testing can be required on any individual who has physical
contact with a law enforcement and who the officer reasonably
believes may be infected with a communicable disease.

The substitute also provides for confidentiality of the results
of the test.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that allowing for the testing of
individuals believed to be infected with communicable diseases,
such as HIV, will benefit law enforcement officers who may come
into contact with infected individuals and need to be aware of
their increased risk of infection.

Testifying for the bill were Representative May (108); St. Louis
Board of Police Commissioners; and Missouri Hospital Association.

OPPONENTS:  There was no opposition voiced to the committee.

Sarah Madden, Legislative Analyst


INTRODUCED

HB 460 -- HIV Testing

Co-Sponsors:  O'Toole, May (108), Shelton, Ford, Boykins

This bill allows a law enforcement officer to require and direct
that HIV testing be performed on certain individuals without
right of refusal.

Testing can be required on any individual who uses physical
force to resist arrest, to interfere with the arrest of another
person, or to assault a law enforcement officer or on any
individual who has physical contact with a law enforcement
officer and whom the officer reasonably believes may be infected
with HIV.  Refusal of a directive for testing will be a class B
misdemeanor.

The bill provides that probable cause for arrest or the failure
to issue charges is not a defense to a charge of refusal to be
tested and allows a hearing before a court of competent
jurisdiction to any individual directed to be tested before such
test is ordered to determine if the directive was properly
authorized.

The bill also provides for confidentiality of the results of the
test.


redbar

Missouri House of Representatives' Home Page
Last Updated September 30, 1999 at 1:25 pm